By Stephen Feldman North Carolina law prohibits unfair and deceptive trade practices, but not if those practices concern securities transactions. The state supreme court announced this exemption in 1985 in Skinner v. E.F. Hutton & Co. The court expanded on the exemption’s reach in a 1991 decision called HAJMM Co. v. House of Raeford Farms, […]
By Rick Conner The North Carolina Servicemembers Civil Relief Act (“NCSCRA”), which took effect on October 1, 2019, expanded the rights of servicemembers and their dependents living in North Carolina. The new law is codified in Article 4 of Chapter 127B, and can be found here. The NCSCRA incorporates the federal SCRA (codified in Chapter […]
By Alan Parry Dear Members of the Litigation Section: Our year is off to a great start, with enjoyable networking events in August (Chapel Hill) and September (Raleigh) that gave Section members an opportunity to catch up and socialize with other litigators, judges, and court staff. We plan to sponsor similar events in communities around […]
By Alan Parry Welcome to a new year for the North Carolina Bar Association’s Litigation Section! We have a lot in store for Section members this year, with a focus on social events around the state to give members an opportunity to network with other litigators, judges, and court staff. We will, of course, continue […]
By Amy Richardson, Hilary Gerzhoy, and Lauren Snyder In recent years, clients have begun to insist that their corporate counsel sign Outside Counsel Guidelines (“OCGs”) that restrict a lawyer from providing services to competitors of the client, even if the work is unrelated to the work being performed for […]
By T. Cullen Stafford On April 22, 2019, the Supreme Court of the United States granted certiorari in three cases involving the issue of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination on the basis of an individual’s sexual orientation or gender identity. The Supreme Court’s decisions in these […]
The Litigation Section has honored Ted Fillette as the 11th recipient of The Advocate’s Award. Presented as merited, the award recognizes “superstars” of the section and the legal profession. Rick Conner, section secretary, presented the award during a Litigation Section networking event in Charlotte on Wednesday, Feb. 13. Fillette retired last year following 45 years […]
By Tara Muller Civil litigators handling appeals: Beware. For the second time in less than a month, the North Carolina Court of Appeals dismissed an entire appeal due to an appellant’s failure to comply with the North Carolina Rules of Appellate Procedure. In WBTV v. Ashe County (4 Dec 2018, Dietz, J., unpublished), the Court […]
By C. Amanda Martin Those who watch Fourth Circuit opinions already know this, but the court recently released an opinion ordering the Eastern District of North Carolina to vacate a gag order entered in ongoing litigation related to North Carolina hog farms. In addition to the importance of the core ruling – overturning the gag order […]
By Kip Nelson Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial lawyer and an appellate lawyer work collaboratively during trial to reach the best solution […]