Litigation Section
Fourth Circuit Finds Gag Order Fails First Amendment Scrutiny
Those who watch Fourth Circuit opinions already know this, but the court recently released an opinion ordering the Eastern District of North Carolina to…
Navigating Trial Decisions Through an Appellate Framework
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…
A Family Practice. A Cunning Nurse. Does Section 75-1.1 Apply To Her Conduct?
North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.” But “commerce” doesn’t include “professional services rendered…
The Litigation Section Needs You!
For the entire 26 years of my practice, I have been a litigator. While my practice also includes non-litigation matters such as lobbying and “legal crisis…
A Site For Your Sore Eyes
On June 19, 2018, the North Carolina Judicial Branch rolled out the new public website for our courts (https://www.nccourts.gov). The site is the culmination…
Litigation Section Honors Ward Black With Its Advocate’s Award
Janet Ward Black of Ward Black Law in Greensboro was honored on Feb. 7 as the 10th recipient of The Advocate’s Award. Presented as merited by the Litigation…
For Section 75-1.1, the Dividing Line Between Contract and Non-Contract Claims Can Be Fuzzy
North Carolina courts have, on several occasions, attempted to describe the dividing line between ordinary breach of contract claims and claims that allege…
N.C. Supreme Court Rules That Brokers May Testify on the Issue of Fair Market Value
In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property’s fair market value. In its…
Road Trip! Road Trip!
In recognition of the Supreme Court of North Carolina’s 200th birthday, Chief Justice Martin recently announced that the Court is going to put on a road…
Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction
Courts have generally excluded residential real estate transactions from North Carolina’s Unfair and Deceptive Trade Practice statute, section 75-1.1. A…