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November 2014 Archives

What to know about informed consent

When a civil suit alleges medical malpractice in North Carolina, a health care provider is liable for damages when evidence shows that the defendant did not act in accordance with the standards of practice that others in the same profession would use. Patients may claim negligence occurred due to an informed consent error.

Breach of contract claimed for nearly $4 million still due

For one reason or another, construction contracts in North Carolina and elsewhere often fail to be completed as written. During the course of an extended contract involving a substantial construction project, various disagreements can arise regarding the contract's intent. Breach of contract is thus a relatively common allegation that arises when two parties to a construction contract do not agree on some aspect of performance under the agreement.

Business litigation alleges former Netflix exec took secret fees

Business litigation in North Carolina often involves disputes between a company and its former CEO or high executives. Self-dealing by top executives is sometimes discovered by the company, which may lead to business litigation, depending on the apparent severity of the former executive's actions. In one case, Netflix sued a former top IT executive for allegedly setting up a scheme that gave him unauthorized commissions and "referral fees."

Hit-and-run driver turns himself in to police in North Carolina

A man whom police believed was involved in a Nov. 8 accident in North Carolina turned himself in to Concord police on Nov. 17. The man admitted to officers that he left the scene of the crash, which sent a Raleigh man to the hospital for treatment of critical injuries.

Partner sues for breach of contract and dissolution of business

When partners in a North Carolina business are in a dispute that leads to business litigation and is disruptive to the operation of the business, this often leads to a legal dissolution of the partnership. The dissolution may be formalized by court order; or, it may initially have occurred by the actions or omissions of the partners. Furthermore, where one partner has been wrongly "shut out" of the partnership, the court may order reimbursement to that partner for damages resulting from the breach of contract of the other partners.

New business litigation niche emerges in fashion law

A fashion designer won the exclusive right to make shoes with a red sole in a 2012 landmark case. That is an example of the kind of legal battles and business litigation that has been spawned by the rapidly-expanding luxury fashion industry. The country as a whole, including in North Carolina, has witnessed the establishment of a new legal niche called fashion law.

Causes of 1-vehicle rollovers

Rollover accidents are among the most deadly type of car accidents that can happen in North Carolina. Although rollovers only take place in approximately 3 percent of serious crashes, 30 percent of people who are killed in a passenger vehicle crash were involved in a rollover.

Partnership disputes are a common source of business litigation

A common category of business disputes in North Carolina and elsewhere involves conflicts between partners and owners of small closed corporations. These often involve claims of diversion of profits by partners or owners. Sometimes, the suing partner or co-owner will request an injunction to prevent the others from continuing the confiscatory activities. In such business litigation, the court may deny special injunctive relief if the plaintiff's damages can be monetarily compensated.

Business disputes often entail interference with contract

An active area of business litigation in North Carolina and elsewhere deals with interference with a contract or interference with business relations. Although we think of business disputes as contractual breaches, when a person interferes with the contractual or other business relations of two entities, this is treated as a tort action. The essence is that it is an actionable wrong for anyone without authority to interfere with the business transactions occurring between other entities.

Woman files suit after device implanted in her back

A woman in North Carolina has recently filed a lawsuit against various medical device companies and a sales representative who helped a surgeon develop a device. A federal judge has not yet determined if the surgeon will also be named as a defendant in the suit. According to the woman, the spine surgeon implanted a medical device in her neck and upper back that he had allegedly altered in his garage.

Business disputes can be contained by following certain rules

There are some basic rules for a small business in North Carolina to follow in order to avoid business disputes and breach of contract actions. It's best to avoid litigation and business disputes generally, due to the time factor, the stress factor and the resources factor. All three areas are severely taxed when a dispute turns so sour that it must be litigated.

Business disputes favor a party who has substantially performed

In North Carolina, businesses often get into disputes regarding contracts for construction and repair projects. Sometimes the dispute is between a government office and a contractor who has agreed to provide the requested construction or repairs. Business disputes under these circumstances are commonplace events that generally are settled out-of-court or prior to going to trial.   

3 killed, 8 injured in 6-vehicle crash

Law enforcement authorities reported that three people, including a 10-year-old boy, were killed, and eight others injured in a crash on U.S. 52 North on Oct. 30. The accident reportedly occurred around 2:30 p.m. near the Westinghouse Road exit in a construction zone in Rural Hall.

North Carolina accident leaves 2 dead, 2 injured

A hit-and-run car accident that occurred in North Carolina on Nov. 1 left two people dead. The incident reportedly took place when the hit-and-run driver failed to stop at a red light at the intersection of New Bern Avenue and Trawick Road in Raleigh at approximately 12:30 a.m.

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November 2014 Archives | Blog