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August 2014 Archives

In business disputes, each party usually pays its own legal fees

Many people are surprised to learn that they must pay their own legal fees in a litigation case. That is the general rule in business disputes in the United States, including in North Carolina, under what is known as the American Rule. The English Rule, existing in Great Britain, says that the loser pays the legal fees. Of course, as in anything else, there are exceptions to the rule.

Tow truck driver killed after being struck by semi truck

A 37-year-old tow truck driver was killed by a semi truck while she was loading a vehicle onto her truck on a North Carolina roadway on Aug. 19. The North Carolina Highway Patrol stated that the crash took place on Highway 220 near Stoneville at night.

Misdiagnosis is still an issue for North Carolina residents

A misdiagnosis of an ailment is one of the last things that a patient or a doctor wishes to see happen when trying to deal with a medical problem. Records from medical malpractice claims indicate that the bulk of misdiagnosis cases that lead a patient to seek compensation through insurance or legal actions arise from heart problems, cancers and infections, including sepsis and meningitis. One method of discovering data concerning misdiagnosis is through autopsies.

Breach of contract actions spawned by franchise disputes

Franchise agreements often result in business disputes between the seller of the franchise (franchisor) and the franchise purchaser (franchisee). There is often an ongoing tension between the two entities due to their different interests in furthering and complying with a franchise agreement. Breach of contract actions frequently come up in this area of the law, nationwide and in North Carolina.

North Carolina head-on collision kills driver, injures 2 others

An Aug. 12 head-on collision in North Carolina left one person dead and two others injured. The car accident occurred just before 5:20 a.m. in the 2700 block of Ellerwood Road in Lenoir. A 19-year-old man entered a curve on the road and crossed over the centerline into oncoming traffic. The man's vehicle, a 2003 Kia passenger car, collided with a 2004 GMC Envoy in the opposite lane.

North Carolina car accident kills 1, injures 2

A two-vehicle collision in North Carolina left one woman dead and sent two people to the hospital on Aug. 7. The car accident occurred when one of the vehicles involved, a Volkswagen Jetta driven by a 54-year-old Vilas woman, crossed the center line of N.C. Highway 194 and struck a pickup truck that was traveling in the opposite direction.

Lack of payment may lead to business litigation in North Carolina

When two companies enter into an agreement for services, it is likely intended that one of the parties will be paid for the services rendered. However, if a company does not feel that they receive the proper compensation for their services, a dispute could arise. In such a case, a company may decide to pursue business litigation.

Business litigation spawned by alleged theft of trade secrets

North Carolina businesses may encounter the fairly common issue of informed employees taking trade secrets, customer lists and other proprietary information for use in competition with the company. A business with that potential problem will want to protect itself first by requiring written agreements with employees. These contracts prohibit any competition against the company for a specified time after ceasing employment, and they forbid the confiscation and sharing of trade secrets. The agreement can be a pivotal piece of evidence in business litigation lawsuits brought to protect the company at a later time.

2 die in head-on crash after vehicle flees traffic stop

A car accident that occurred in North Carolina on August 1 after a police traffic stop left two people dead. According to authorities, the incident took place on Patterson Road, slightly north of Wake Forest Highway, in Durham at approximately 6 p.m.

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August 2014 Archives | Blog