As many of you are aware, the Construction Law Section of the North Carolina Bar Association undertook an extensive review of Chapter 44A culminating in introduction of a bill which would have made comprehensive changes to the lien law and to payment bond claims. The legislature decided to place that bill in a study committee which pared down the issues to those it believed were “uncontroversial” and reported out a …Read More
In a lawsuit currently pending in the United States District Court for the Northern District of Georgia, a Federal District Court Judge ruled in April of 2012 that franchisees may use racketeering claims against Moe’s Southwest Grill. The lawsuit was filed by franchisees who alleged that the franchisor had been taking money from the franchisees through a deceptive kickback scheme involving the supply chain for the company. The lawsuit is …Read More
Congratulations – You’ve been awarded a judgment against another party. But remember, obtaining a judgment is simply the first step in the process. The next step is to turn that judgment into actual monetary relief because the Court will not act on its own to collect the money you’ve been awarded. Generally speaking, the collection process begins by having a Writ of Execution (and, depending on the nature of the …Read More
On May 10, 2012, Fidelity National Title Group issued an “Open Letter to Approved Attorneys of Fidelity National Title, Chicago Title, and Commonwealth Land Title” in which they notified closing attorneys that beginning June 15, 2012, those title insurance companies will no longer cover mechanic’s and materialmen’s liens in North Carolina. The letter is now in wide circulation and creating quite a stir both politically and practically. The main question …Read More
