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December 2014 Archives

Rent and lease disputes may commonly lead to business litigation

Rental and lease agreements between businesses are a common fact of business life, both in North Carolina and throughout the country. They often are the subject of business litigation arising from differing interpretations of the contractual terms. Often a lessee business must be evicted by the landlord business entity, but the eviction will sometimes be met with claims of breach of the landlord's duties to the tenant.

Damages for breach of contract will vary with the facts

When a business in North Carolina is in a contractual relationship with a person or another business, it relies on getting a certain return from the transaction. The parties can memorialize the agreement by reducing it to a writing and sometimes will even state their expectation interests in the instrument. If there is a breach of contract, the non-breaching party may sue the breaching party for the particular remedy that seems most appropriate under the circumstances.

Jury awards $16.1 million breach of contract verdict

Nuclear engineering and power companies are as prone as others to become embroiled in extensive business disputes. In one recent case, two such companies went to trial over accusations of breach of contract and theft of proprietary information. The claims included the alleged failure to pay royalties under the disputed contract. The jury came in with a $16 million verdict against Babcock & Wilcox, a global firm with its home office in North Carolina, ordering the company to pay the royalties claimed by the plaintiff company.

Breach of contract suit between city and contractor settled

Members of North Carolina's business community are most likely aware that a contract is a legally binding agreement between at least two parties. Each party agrees to provide some sort of consideration to the other. When one party believes the other has failed to adhere to the terms of the contract, that party is considered to be in breach of contract. At that point, the allegedly harmed party may file a lawsuit for monetary and/or non-monetary damages.

Aborted hotel tower leads to massive business litigation

What happens when a proposed 47-story hotel tower is stopped midway through construction and declared by safety inspectors to be unfit to continue? Whether it is in North Carolina or another state, legal conflicts and business litigation between many different parties will likely result. One outcome from the 2008 stoppage of what was called the Harmon Tower is that the owner, MGM Resorts International, is demolishing the ill-fated first 26 floors.

Man charged in connection with fatal street-racing accident

A car accident in North Carolina resulted in the deaths of two people and sent one person to the hospital on Nov. 22. Police charged a 19-year-old Kernersville man with two counts of involuntary manslaughter and one count of pre-arranged racing in connection with the crash. Investigators believed that the man became involved in a road race with another car, which ran off the road and killed two people inside.

Certain disorders still being misdiagnosed by doctors

Many North Carolina patients know that a misdiagnosis could result in serious damages or even death. However, researchers and doctors are attempting to reduce the rate of misdiagnoses by analyzing research from autopsies, physician-reported errors and error types. Findings from the research included diseases that were more likely to be misdiagnosed and how the misdiagnoses occurred.

Key factors guide choice of outside business litigation counsel

Most businesses in North Carolina do not have in-house litigation counsel. If there is an in-house legal department, it is usually comprised of corporate lawyers who handle a variety of transactional matters for the company. When a company faces a substantially challenging business litigation matter, it will generally turn to an outside law firm that is fully equipped to handle the demands of any particular litigation challenge.  

North Carolina crash leaves woman dead

The North Carolina Highway Patrol has confirmed the death of a 50-year-old woman in a collision between a car and a moped on Dec. 4. The deceased woman was the passenger on a moped driven by her 62-year-old companion. He suffered serious injuries in the crash and has been transferred to a Charlotte hospital for treatment.

VA ruled in breach of contract over new hospital construction

How does a major government agency sign a contract for $600,000 with a private contractor for a medical center that it knows will probably cost $1 billion? When it's the U.S. Department of Veterans Affairs that is involved, it may just be standard operating procedure. The Civilian Board of Contract Appeals just ruled that the VA is in material breach of contract to build a new VA hospital in one state, and it was learned that the VA has essentially created the same crisis in three other states. Contracts between private business entities and the government are a massive area of domestic economic activity, including in North Carolina.

Misdiagnosis in young adult stroke victims

Young adults in North Carolina who may be at risk of stroke may face medical complications if emergency room doctors fail to diagnose. Stroke is relatively rare for young adults, and doctors may diagnose symptoms as signs of vertigo, intoxication, migraine or other less serious issues. These symptoms may lead to a hospital discharge when it is not warranted and could result in worsening of symptoms, possibly resulting in permanent damage.

2 killed in wrong-way collision

On Nov. 29, a five-car crash in North Carolina resulted in the death of two people. The fatal collision took place in High Point at around 9:10 a.m. Shortly before the crash happened, multiple witnesses dialed 911 to report that they had seen a white SUV traveling westbound in the eastbound lanes of Wendover Avenue near Penny Road.

Establishing a corporation demands an initial business analysis

In North Carolina and all other states, there is substantial paperwork involved in running a business as a corporation or as one of the related limited liability business structures. Notably, the straight business corporation will have much more paperwork and tax burdens than the other popular structures. In many states, the alternative setups include a Subchapter S corporation or an LLC. All three structures provide limited liability, but when establishing a corporation, several other factors should be considered prior to deciding.

Establishing a business requires effective advanced planning

In North Carolina and other states, a retail date that we sometimes fail to keep in our minds is the day right after Black Friday. It's known nationally as Small Business Saturday, and it may be a good tool if you're thinking about starting a retail business. For those who may be establishing a business in 2015, there are also some cardinal rules that should be followed.

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December 2014 Archives | Blog