How Expansively Is The Economic Loss Rule Being Applied Post-Crescent?

Matt Bouchard is a man with brown hair with blue eyes. He is wearing a light blue shirt and a red tie. He is pictured smiling and standing in front of a glass building.By Matt Bouchard

When Crescent University City Venture, LLC v. Trussway Manufacturing, Inc., 376 N.C. 54, 852 S.E.2d 98 (2020) was released in December 2020, the decision left some ambiguity about the scope of its intended reach. On the one hand, the North Carolina Supreme Court in Crescent reiterated that the purpose of the economic loss rule was to “prevent contract law from drowning in a sea of tort;” that the rule bars recovery in tort for the simple failure of a defendant to perform its contract; and that where a plaintiff has a bargained-for remedy, it must look solely to contract law when seeking recovery for purely economic losses. On the other hand, the Court more broadly concluded that “North Carolina’s state courts have consistently applied the economic loss rule to hold that purely economic losses are not recoverable under tort law, particularly in the context of commercial transactions.” That language arguably suggests a potentially more expansive application of the economic loss rule, one not dependent upon the existence or non-existence of a bargained-for exchange between the adversaries.

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Making Attorney Self-Care an Atomic Habit

Ashley Banks is a young woman with golden brown hair and brown eyes. She is pictured smiling against a black background, and she is wearing a red shirt and a black blazer. By Ashley Banks

As legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.

Self-Care is Key for Legal Professionals, But it is Not Our Forte

As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.

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NCBA Environment, Energy and Natural Resources Section: 2021-2022 Year In Review

By Amy P. Wang, Outgoing Section ChairAmy Wang is a woman with shoulder-length blond hair. She is wearing a blue shirt with a dark grey jacket, and she is standing outside with green foliage behind her.

I am honored to have served as the Environment, Energy and Natural Resources (EENR) Section Chair for 2021-2022. As we are set to begin anew next month, it’s important that we reflect on the past year and the challenges we faced as a Section.

An uptick in COVID-19 cases forced us to reinstitute various protective protocols among our members’ institutions and the North Carolina Bar Association. As a result, our meetings in August, November, January, and May were held virtually. I am proud of the way our Section adapted and continued to provide valuable content and programming to our members. Our meetings included many excellent substantive committee reports. We also benefitted from presentations by Dionne Delli-Gatti, Clean Energy Director for the North Carolina Department of Environmental Quality (NCDEQ), with an overview and update on various energy and climate issues at the global, federal, and state levels; Peter Ledford and Christina Cress spoke about the clean energy stakeholder process surrounding the passage of House Bill 951; and Dru Carlisle and Steven DeGeorge provided a primer on environmental insurance. Thank you to the Programs Committee, Hayes Finely, Robin Smith, and Joe Starr, for their efforts.

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Learning to Say No (Professionally)

BKatie Riddle is a young woman with blond hair and grey eyes. She is pictured smiling and wearing a blue shirt, and she is standing against a light background.y Katie Riddle

Why does the word “no,” a two-letter, concise word, carry such a heavy weight when used in a professional setting?

I think of the use of the word “no” in my personal life. My husband may ask if we should have dinner at one restaurant, and I am not anxious or worried when I respond “no, I would prefer eating at this particular restaurant.” Or I think of the times when I have to say no to my sweet dogs that are just begging for their fifth treat for the day. So why is it so hard to use the word “no” professionally?

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