The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc.[1] The case decided the question of whether a commercial developer-owner can bring a negligence claim directly against a supplier of defective building material where no direct contract existed between the owner and supplier. The Supreme Court held that the owner could not maintain such a claim and reaffirmed that the “economic loss rule” applied. The economic loss rule provides that, when a duty to perform arises from a contract, no negligence claims can be brought for failing to perform that duty. Instead, only contract claims can be brought.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-03-05 14:06:342021-03-05 14:06:34Construction Claims – No Contract, No Claims?
When I think of a classic definition of “diverse,” I think of someone who differs from those around her. As a Native attorney, that definition has applied to my experience. I have never practiced with another Native attorney. I have only ever encountered one Native attorney while representing my client — a personal injury attorney who was representing an adverse party. There are no Native attorneys in any of the industry-specific trade organizations to which I belong. So, I do consider myself a diverse attorney and I have placed an emphasis on building bridges with those who are different from me.
The NCBA Dispute Resolution Section will host a 6-hour CLE on March 11 and 12. The title of the program is “Who Are You? Pleased to Meet Me – What You Know About Yourself and Others, Consciously or Unconsciously,” and will include discussions of the psychology of dispute resolution, unconscious bias, and technology in mediation and arbitration. The 6 hours of credit include 1 credit each for ethics/professional responsibility, substance abuse/mental health, technology training, and continuing mediator education. The Section Council extends its thanks to the planners of this event: Deborah L. Dilman, Steve Dunn, John W. Ong, and Danae C. Woodward.
Also, the Dispute Resolution Section Council recognizes that the current economic situation may be placing financial strain on its members. Therefore, the Council has approved four scholarships to cover the costs of this CLE program. The deadline to complete the application, which can be found at this link, is March 8, 2021.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2021-03-04 10:31:362021-03-04 10:31:36Join Us for Continuing Education on March 11 and 12
The NCBA Appellate Practice Section invites you to attend a virtual program introducing the new members of the Supreme Court and Court of Appeals. Given the ongoing limitations on in-person gatherings, this is a great opportunity for members of the bar to “meet” the new jurists on our appellate courts. We hope you can join us.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2021-03-03 16:42:242021-03-03 16:42:24The Appellate Practice Section Presents: Meet the New Judges and Justices
The Education Law Section Nominations Committee seeks nominations for individuals to serve as members of the Education Law Section Council. Council members govern the section and help define its priorities and strategies.
Council members must be able to serve a three (3) year term and must be willing to attend quarterly (currently virtual) meetings. The section is seeking members who can actively participate, such as by serving on a Committee, and who want to work for the betterment of the section, the NCBA, the public, and the legal profession. At the same time, the council understands the needs of busy professionals and actively works to accommodate that. Each candidate must be a member of the Education Law Section in good standing.
Feel free to nominate yourself or someone else if this sounds like a good fit! Each candidate will be considered by the Nominations Committee for inclusion in a slate that will be submitted to the section for election at its Annual Meeting on April 14, 2021.
Until recently, litigators on both sides of the “v.” routinely included incentive awards in class-action settlements. The Eleventh Circuit’s recent decision in Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir. 2020), shook things up, holding incentive awards are prohibited under Supreme Court case law dating back over a century. While the Eleventh Circuit currently stands alone on this issue, its stark line in the sand suggests that counsel everywhere should take pause before including an incentive award in their next class-action settlement.
The North Carolina Bar Association’s Young Lawyers Division is hosting Part 2 of the four-part Lunch and Learn Series focused on various practice areas. Every third Wednesday at noon, you will hear from one of our liaisons and YLD council about what it’s like to work in their practice areas. The second series will be held on March 17, 2021, at noon and will cover going in-house.
Register here for the In-House Counsel Series on March 17!
Learn what it takes to be an in-house lawyer, what a typical day is like, and what some of the pros and cons are, and ask questions and network with fellow YLD members! Whether you are a young lawyer, transitioning lawyer, or law student, find out what it’s like to work in various practice areas and the best way to position yourself to get there.