Here’s what NCBarBlog readers found most interesting on our pages this week: Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction An Untapped Source of Savings for State and Local Government Owners of Property A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In […]
By Keith Wood On Wednesday, March 7, the Tax Section Council met at the Mecklenburg County Bar Center in Charlotte, and so I wanted to give everyone an update on some of the things happening in our Section. First and foremost, Kevin May and his CLE Committee have organized an outstanding CLE agenda for the […]
By Jeremy Falcone Courts have generally excluded residential real estate transactions from North Carolina’s Unfair and Deceptive Trade Practice statute, section 75-1.1. A recent decision from the North Carolina Court of Appeals, called Capps v. McSwain, addressed this exemption. This post explores this decision—including the reasons behind the exemption.
By Tara Muller This article appeared originally in The Peacemaker, the newsletter of the NCBA’s Dispute Resolution Section. In the world of public opinion, alternative dispute resolution still struggles to compete with its crusty cousin – the traditional, costly, and lengthy trial process. For years, parties interested in enforcing arbitration provisions in lieu of trial have wrestled […]
By Daniel Knight In case you missed it, the Insurance Law Section of the North Carolina Bar Association held its annual meeting and CLE at the NC Bar Center in Cary on January 31, 2018. This year’s CLE offered a great selection of speakers presenting on a variety of practical topics, including useful tools in […]
By Bill Lipscomb In Elliott v. Am. States Ins. Co. 2018 U.S. App. LEXIS 3952 (4th Cir. 2/20/2018), the 4th Circuit held that a UIM insurer, in a claim where the tortfeasor’s liability coverage had already been paid, did not violate paragraphs (f), (g) and (h) of N.C.G.S. § 58-63-15 (11) by declining to make […]
By James W. Bryan On February 20, 2018, the North Carolina Court of Appeals upheld a ruling of the North Carolina Business Court that provides further clarification on whether a claimant with a judgment against the insured may sue the insurer for deceptive trade practices. USA Trouser, S.A. de C.V. v. Williams, 2018 WL 943639 […]
A newly published LexisNexis Practice Guide entitled “North Carolina Insurance Litigation (2018 edition)” is now available. This publication was authored and edited by members of the Pinto Coates Kyre & Bowers PLLC firm, most of whom are members of this Section. Some other attorneys from around the state were also contributing authors, many of whom […]
By Jeff Kelly The Appellate Practice Section is pleased to join the network of Sections and Divisions providing great content through the North Carolina Bar Association’s NCBarBlog. Tyler Brooks and I are working together to publish blog content for the Appellate Practice Section, and we encourage our members to contact us with proposals for blog […]
Here’s what NCBarBlog readers found most interesting on our pages this week: Make Your Writing More ‘Impactful’: Banish Trendy Words What Your Trial Court Administrator Wants You to Know, Parts 1, 2 and 3: Triad and Sandhills, Western Region and Eastern Region In the Wake of Charlotte School Of Law’s Demise, What Awaits Those Left […]