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November 2010

Enforcing Judgments From Another State

In the recent North Carolina Court of Appeals case, Gardner v. Tallmadge, the Court held that a foreign judgment (a judgment issued in another state) was not enforceable in North Carolina since the Ohio court that originally issued the judgment lacked subject matter jurisdiction to do so. In Gardner, Mr. Tallmadge entered into a demand cognovit promissory note with Mr. Gardner.  A cognovit agreement is one in which the debtor …Read More

Is Arbitration Required?

Arbitration Agreements: many business people have heard of them, many businesses have signed one, and some businesses have even gone through arbitration.  Arbitration can be a good alternative in the right circumstance.  However, don’t assume arbitration is the best for you without doing sufficient homework.  Despite the familiarity or arbitration agreements, the agreements sometimes still require a basic question to be asked: when will courts compel arbitration? This question was …Read More

“Sufficient Minimum Contacts”: Can’t File a Lawsuit Without It!

Suppose your company contracts with another company for the supply of materials. The company you contracted with then contracts with an out of state company to add a “powder coating” to the materials you have just ordered. Then suppose this coating flakes off right after you use the materials. So, if letters, phone calls, emails and/or attempts at negotiations don’t work, looking for legal solutions might be an option. Looks …Read More