Litigation Section
What Your Trial Court Administrator Wants You to Know, Part II: Western Region
and Bridget Warren In our first installment of this three-part series, we discussed advice given by the TCAs in Cumberland, Forsyth and Guilford counties. …
None Of Your Business In Our Jurisdiction
On Nov. 7, 2017, the North Carolina Court of Appeals delivered a split opinion in Atlantic Coast Properties, Inc. v. Saunders, holding that a corporation’s…
What Your Trial Court Administrator Wants You to Know, Part I: Triad and Sandhills
and Bridget Warren Picture this: You’re about to file a Motion to Dismiss. You filed one last month, too. But was that in Guilford County . . . or…
Documents Do Not ‘Speak for Themselves’: Defeat Your Opponent’s Meaningless Objections to Requests for Admission
You served the following request for admission and got this response: Request: Admit that the second paragraph of the contract attached as Exhibit A states:…
Don’t Let Your Opponent Bury You Under a Mountain of Business Records in Lieu of Answering Interrogatories
You have served interrogatories about the defendant’s construction of a defective roadway. The defendant responds to several of them by stating, “[T]he…
Senate Bill 698 Proposes Two-Year Terms For All North Carolina State Judges and Justices
On October 17, 2017, North Carolina State Senator Rabon filed a bill in the State Senate to amend the North Carolina Constitution to limit terms of office for…
Pro Se Responsive Pleading By Corporation/LLC Insufficient To Avoid Default
North Carolina statute N.C.G.S. Section 84-5 prohibits corporations and limited liability companies from practicing law in this state. This prohibition…
A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In The NC Business Court
Have you ever included a Rule 12(b)(6) motion to dismiss in your answer, with the intention of filing a more formal motion or submitting a detailed brief…
New NC Law Adds Predictability To Litigation Involving Business Contracts
North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mount Airy, south of Charlotte, and even…
Lunch-hour CLE With a Rock Star: The Slants Front Man Talks About the Legal Battle To Name His Band
Spend your Monday lunch hour chatting with a rock star while earning CLE/CPE credit. Register for the webcast “A Name Worth Fighting For: How Naming My…