It’s probably never a good idea to proceed without a lawyer in any Court, but if you are a non-lawyer and insist on proceeding pro se in the Business Court, don’t be defiant and obnoxious. You will not like the result.
Two of the Defendants (JW Ray and Digi-Plus LLC) in a case called London
Be sure that an LLC member has the authority to hire you before accepting the representation of the LLC in a suit by or against another LLC member. That authorization generally requires a majority of the interest of the members, at least under the default provisions of the LLC Act, which apply in the absence
United States District Court Judge Catherine Eagles of the Middle District of North Carolina delivered an admonition last week to all of the lawyers with cases in her Court.
You can read the "text order" here, but she said it was prompted by a recent "rash of briefs" that were out of compliance with
Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are:
accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment,
Let’s say that you’ve tried a case, you have lost on a few of your claims, but you won a couple of claims and have gotten a judgment for damages against the defendant for $25,000. You’ve billed your client $1,162,895 for your services and your mixed success. And you have a statutory basis for recovering
The lawsuit filed by the Atlantic Coast Conference against the University of Maryland continues to percolate in the North Carolina Business Court. But the University will have to proceed without its chosen attorneys, as the Court last week refused to admit them on a pro hac vice basis. The decision came in an Order in
Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the unauthorized practice of law.
You most likely have never heard of Lienguard. It says on its website that it files
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Legalzoom may be a step closer to overcoming the NC State Bar’s assertion that its online legal document service constitutes the unauthorized practice of law (UPL), following yesterday’s ruling in LegalZoom, Inc. v. North Carolina State Bar, 2014 NCBC 9. Or it may be only a few questions away from a ruling that would
Section 6-21.5 of the North Carolina General Statutes is the closest thing the State has to "loser pays." It allows for the award of attorneys’ fees to a prevailing party "if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing
Just because an expert says something is so doesn’t mean that it is. That’s the lesson of Judge Gale’s ruling last week in Carter v. Clements Walker, 2014 NCBC 1. He rejected the evidentiary value of an expert’s report stating that Plaintiff’s damages were $33 million, saying that it was insufficient to create a