A Cautionary Discovery Tale

The recent decision in Abbott Labs. V. Adelphia Supply USA, 2020 U.S. Dist. LEXIS 50928 (E.D.N.Y. March 24, 2020), has the legal world buzzing. This is a trademark case alleging infringement by the sale of generic diabetes test strips. The attention appears to be justified and litigants and lawyers should take notice of the actions and problems that led to the Court’s decision in the case.

Should I File a Lawsuit?

This is a very common question from clients and potential clients. As you may expect, the answer is: it depends. There are many factors to be considered when contemplating litigation. These factors include…

The Long-Term Impact of COVID-19 on Your Civil Matter

As you know, for the past several weeks, courthouses and judicial employees across the State have been operating in a limited capacity with regard to court hearings and other judicial proceedings. Chief Justice Cheri Beasley issued orders postponing certain court hearings and limiting courthouse activity. Justice Beasley also extended filing and other court-related deadlines to June 1, 2020.

Webinar: Maximizing Finance Charges & Attorneys Fees in Civil Litigation

Finance charges and attorneys fees are important provisions in business contracts. Our clients frequently ask how to maximize finance charges and when attorneys fees are recoverable in civil litigation. This webinar will review how and when you can recover attorneys fees in business cases.

Resolving a Contract Dispute

Business contract disputes are generally not fun to encounter. The disputes often interrupt the natural flow of business and can become an issue with cash flow and financial performance. How to resolve the business disputes is always something to consider.

Testifying before Congress, Court or a Deposition | Tips To Consider When Giving Your Testimony

Testifying before Congress, Court or a Deposition Testifying before Congress, in Court or in a deposition is something many people do not celebrate. I read some recent articles about Martin Shkreli, former CEO of Valeant,  and his recent testimony before Congress. Regardless of the issues surrounding Valeant and its corporate leadership, giving your testimony requires planning and preparation. It has been …

District Court vs. Small Claims Court – It’s Not Just the Amount at Stake

District Court vs. Small Claims Court – It’s Not Just the Amount at StakeBy James R. VannAttorney at Law In the movie Sliding Doors, the simple act of catching or missing a particular train led the main character’s life down two drastically different potential paths. While certainly not as dramatic, a similar divergent path can appear when considering whether to file …

North Carolina Small Claims Get a Whole Lot Bigger | Raleigh Law Firm

Effective August 1, 2013, the maximum limits for lawsuits in small claims court and district court will rise significantly. The small claims limit is doubling from $5,000 to $10,000 and the limit for district court cases is increasing from $10,000 to $25,000. Anything over that amount must be brought in Superior Court. The rise in the small claims limit will …

Buying Certainty

If you turn on the news (or, as is more likely in today’s world, open up your favorite news website), chances are pretty good one of the first phrases you will notice is “the fiscal cliff.” Whether it’s a discussion of how it’s not really a cliff, or what our various political leaders’ plans for avoiding it may be, the …

Franchisors Entitled to Lost Profits from Terminated Franchisees

Earlier this year, the United States Court of Appeals for the Fourth Circuit considered a case where a franchisor sought to recover lost profits from a franchisee it terminated for a breach of the franchise agreement. In Meineke Car Care Centers, Inc. v. RLB Holdings, LLC, the Court ruled that even though the franchise agreement did not specifically provide for …

Location May Make A Difference

We have all heard the phrase “location, location, location”.  Well, according to a July 18, 2011 article in the Wall Street Journal the location of your pending lawsuit could make a difference in the outcome of consumer debt collections. http://online.wsj.com/article/SB10001424052702303365804576433763597389214.html Consumer debt is different from commercial debt but many of the same type issues arise.  Most of our cases are …

Recovery of Lost Profits Allowed to Franchisor from Terminated Franchisee

In the recent case of Meineke Car Care Centers, Inc v. RLB Holdings, LLC, (2011) the Fourth Circuit held that a franchisor could recover prospective damages, including lost profits, from a franchisee.  Additionally, such recovery by the franchisor is permitted even when it terminated the franchisee due to the franchisee’s breach of the franchise agreement. In attempting to argue against …

We Have to Litigate This Across the Pond? A look at the recent ruling in the Fourth Circuit case, Albemarle Corp. v. AstraZeneca UK Ltd.

It is always interesting when a court holds that the laws of another country should apply, and such was the ruling in Albemarle Corp. v. AstraZeneca UK Ltd.  After examining the contract between the two parties, the Court held that even though the contract’s forum selection clause would have been allowed under American law and the lawsuit could have been …