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North Carolina Litigation Blog

North Carolina Litigation Blog

Category Archives: law

Insurance rates are about to skyrocket, study says

09 Monday Jan 2012

Posted by McIlveen Family Law Firm in Insurance, law, News

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This image depicts U.S. insurance health, life...

Image via Wikipedia

As reported by Lawyers Weekly, “Insurance industry executives across the country are making a concerted effort to raise coverage rates and boost profits, and they plan to use natural disasters and sue-happy lawyers as scapegoats, according to a Dec. 15 study. Americans for Insurance Reform, a coalition of nearly 100 consumer and public interest groups, concludes in its study, “Repeat Offenders: How the Insurance Industry Manufactures Crises and Harms America,” that insurers periodically cry wolf not only to fatten their wallets but also bolster calls for tort reform.”

http://nclawyersweekly.com/category/top-legal-news/

Related articles
  • Insurers, to boost profits, often cry wolf, study says (knoxnews.com)

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New Year Brings New Laws to NC

03 Tuesday Jan 2012

Posted by McIlveen Family Law Firm in law, NC Law, News

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  • Police Officer Breaking the Law

    Image by Call To Adventure via Flickr

    Young adults from 15-17 years old with a learner’s permit will need 60 hours of supervised driving, including night driving, to get their limited license. Then they will need 12 more hours over the following six months to qualify for a full license. January 1, 2012.

  • New law allows fathers to challenge paternity and set aside child support orders. Law becomes effective January 1, 2012 and provides that you have one year to file the motion from the date you discover or should have discovered that you are not the father of the child. The law provides that anyone who would otherwise be eligible under the law, may file through January 1, 2013.
  • Unlike North Carolina’s current Castle Doctrine, which applies only to homes, the revised law now applies to vehicles and places of work. North Carolina’s new “Castle Doctrine” law provides that the lawful occupant of a home, motor vehicle or workplace isn’t required to retreat prior to using deadly force. The law presumes that a person who unlawfully and by force enters or attempts to enter one of these locations intends to commit an unlawful act involving force or violence. December 1, 2011.
Related articles
  • North Carolina Revises its “Castle Doctrine” (2ndamendmentright.org)
  • Child Support Case Law Updates (gastoniafamilylaw.com)

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NC Court of Appeals Affirms Election of Remedies in Legal Malpractice

02 Monday Jan 2012

Posted by McIlveen Family Law Firm in law, Liability, NC Court of Appeals, NC Law, Negligence, News

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Tags

Court of Appeals, Law, Lawyer, Legal malpractice, NC Court of Appeals, Plaintiff, Summary judgment

I received a great Christmas present when the NC Court of Appeals issued an opinion in Danius v. Rogers, affirming summary judgment on behalf of a lawyer in a legal malpractice case I was defending. The plaintiffs settled the two underlying cases with the original tortfeasors and then filed suit against my client arguing that the lawyer’s alleged malpractice had damaged the settlement they were able to obtain. I argued that the plaintiffs had waived any claims against their attorney by electing to settle with the original tortfeasors. The Court of Appeals affirmed summary judgment, holding that the election of remedies barred the plaintiffs from pursuing claims of malpractice. A summary of the opinion appeared in the NC Lawyers Weekly December 28, 2011 edition under “Important Decisions”. The full opinion can be read here.

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Big Changes for Med Mal in N.C.

14 Friday Oct 2011

Posted by McIlveen Family Law Firm in law, NC Law, Negligence

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An electronic stethoscope.

Image via Wikipedia

The new law effective on cases arising on or after October 1, 2011, requires the court to bifurcate a trial when a motion is made by counsel and where plaintiff seeks damages of $150,000 or more.  This means that in a medical malpractice case the jury must decide whether the doctor was negligent in a trial without knowing how much money the plaintiff is requesting. Then if the doctor is found negligent a second trial would determine how much money the plaintiff would be awarded.

Additionally, the law limits non economic damages to $500,000 except in cases of death, loss of use of a body part or disfigurement.

Related articles
  • Medical Malpractice Insurance Rates by State and Specialty (prweb.com)
  • The Effects of tort reform (chrisgreenmanforpresident.wordpress.com)

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Don’t Become an Auto Theft Victim

17 Wednesday Aug 2011

Posted by McIlveen Family Law Firm in Insurance, law

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Every 30 seconds, a motor vehicle is stolen in the United States. Using Federal Bureau of Investigation statistics, the National Insurance Crime Bureau reports that annual property losses from these thefts are approximately $5 billion. Although technology and aggressive law enforcement actions have lowered the auto theft rate in recent years, you should still be cognizant of this loss exposure. The following tips may prove helpful in reducing the chances that your vehicle or property in it may be stolen.

  • When temporarily leaving your vehicle, never leave it running or with the keys in the ignition.
  • Always lock your car and roll up the windows, even if it is in your driveway. If you have a garage, park your car in it, and close and lock the garage door.
  • Park in busy, well-lit areas.
  • When purchasing auto stereo equipment, choose items that can be removed and locked in the trunk.
  • When using valet parking or taking your car in for repairs, leave only the ignition key with the attendant.
  • Turn your wheels sharply toward the curb when parking since this makes it extra difficult for thieves to tow the vehicle. Always use your emergency brake, and leave the transmission in park or in gear.
  • Look into various antitheft devices for your auto. Ask about auto insurance discounts for antitheft devices, including alarms and window etchings.

Get more personal lines insurance and risk management tips and ideas from IRMI.

Copyright 2011
International Risk Management Institute, Inc.

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Don’t Blog Yourself into a Lawsuit!

15 Wednesday Dec 2010

Posted by McIlveen Family Law Firm in law, Liability

≈ 2 Comments

Tags

Defamation, Facebook, MySpace, Risk management, Yelp

IBM CIO Report: Key Findings

Image by Ivan Walsh via Flickr

The Internet is a fascinating place that is opening up new forms of social interaction, activities, and organization of information. Social networking websites such as Facebook, Twitter, and MySpace are creating revolutionary ways to interact with people all over the world. In addition, websites such as Amazon, Yelp, and Angie’s List allow people to post online reviews of businesses of all types. The explosive growth in these types of activities in the last few years is truly amazing.

These undertakings, however, have a dangerous element. Blogs and postings of a negative nature (even if they are true) can result in unpleasant and costly lawsuits against the author. Note that it may still take time before there is a good body of caselaw to support freedom of speech online in blogs, forums, and social media publishing sites. And remember that freedom of speech does not mean you can say anything you want anywhere. Freedom of speech implies responsibility; its use should generally be for the benefit of the greater good. So the following are some risk management tips to consider before posting or blogging negative comments on the Internet.

  • Check your facts carefully and thoroughly document your sources. Truth is a complete defense in a libel case, although you still may run into expensive legal bills defending yourself. If you find that your facts are incorrect, remove the inaccurate content and consider issuing a correction or retraction.
  • If you purchase a product online and have an unpleasant experience with the seller, it might be wise not to post a negative comment or rating on the website. If you do post an adverse comment, be sure that it is objectively written, based on solid facts concerning your own direct experience, and not written in an inflammatory manner.
  • If you are a blog master and someone is posting false and incendiary statements on your site, remember that you may be held liable for these remarks since you are the “publisher.”
  • Seek protection for your rights. The Electronic Frontier Foundation, a not-for-profit organization, has a mission to safeguard the rights of those who use digital media and to provide legal guides to bloggers both large and small. It also offers helpful ideas to those bloggers and online posters to avoid libel suits.
  • Make certain your homeowners policy includes a personal injury endorsement to cover libel and slander suits. Most standard insurance company policy forms do not provide this automatically, and it can be added for a small additional premium. Also, consider buying a personal umbrella policy, which generally provides broader personal injury coverage.
  • If your blog is a money-maker, look into business liability coverage since the typical homeowners policy contains numerous business-related exclusions and restrictions. If you operate a small home-based business in conjunction with your blog or online business, consider requesting that a home-based business endorsement be added to your homeowners policy.

Get more personal lines insurance and risk management tips and ideas from IRMI.

Copyright 2010
International Risk Management Institute, Inc.

*****

 

Related Articles
  • Bloggers / tweeters – and libel / defamation (consumingexperience.com)

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Florida Court Provides Some Relief to Builders

09 Thursday Dec 2010

Posted by McIlveen Family Law Firm in law, Negligence, Products Liability

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Tags

2009 Chinese drywall controversy, construction, Damages, Drywall, Florida, Home insurance, Product liability

Chinese Drywall

Image via Wikipedia

A Florida court ruling provides some relief for home builders regarding the use of defective Chinese drywall. In Marlene Bennett v. Centerline Homes, Inc., et al., No. 2009-CA-014458, Fla. Cir., 15th Judicial Cir., Palm Beach Co. (a consolidation of a number of separate lawsuits), the court issued two rulings that limit home builders’ liability for injury or damage caused by defective drywall. First, the court ruled that home builders would not be held strictly liable for the alleged defects in the same way manufacturers and distributors of defective products can be held responsible for damages. This ruling prevents homeowners from establishing liability on the part of the builder merely by showing that a defect exists, and the defect caused damages. Rather, it requires demonstrating another legal basis for liability, such as builder negligence. Second, the court held that the economic loss rule prevents homeowners from filing tort claims that exceed the contractual remedies for economic loss, which will restrict homeowners’ recovery for economic damages (e.g., reduction in market value) to the terms spelled out in the home-purchase contract. It remains to be seen whether the decision, handed down November 10, 2010, will be adopted by other courts hearing cases pertaining to the use of defective drywall.

via http://www.IRMI.com

Related Articles
  • Chinese Drywall Update (homeownersinsurance.org)
  • Court Relieves Builders of Some Chinese Drywall Liability (blogs.wsj.com)

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NC IRS Won’t Have Access to Your Amazon Account

28 Thursday Oct 2010

Posted by McIlveen Family Law Firm in law, NC Law, News

≈ Leave a comment

Tags

Amazon, American Civil Liberties Union, First Amendment to the United States Constitution, Marsha J. Pechman, Marsha Pechman, North Carolina, Online shopping, taxes

First Amendment rally (Union Square, New York ...

Image by Luke Redmond via Flickr

On Monday, U.S. District Judge Marsha Pechman ruled that the First Amendment protects a buyer from the government demanding to know the books, music and audiovisual products they’ve bought.

Amazon and the American Civil Liberties Union, which later joined the case, “have established that the First Amendment protects the disclosure of individual’s reading, listening, and viewing habits,” Pechman wrote.

The North Carolina Department of Revenue requires N.C. residents to pay sales tax on all purchases even those purchases made on the internet. This year residents will see a line on their tax return to report any online purchases and pay taxes on those items. N.C. claims that Amazon owes more than $50 million in taxes. However, since Amazon does not have a local N.C. presence, N.C. cannot force Amazon to collect taxes.

 

via http://www.news-record.com/content/2010/10/26/article/judge_free_speech_protects_amazon_buyers_data

 

Related Articles

  • Judge: Free speech protects Amazon buyers’ data (msnbc.msn.com)
  • Amazon customer purchases protected by US Constitution (go.theregister.com)
  • Colorado Amazon Tax Could Be Affected By North Carolina Decision (huffingtonpost.com)

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This blog is maintained as a free information service and its contents are not intended to constitute legal advice or opinion. Statutes and law vary by jurisdiction and can change without notice. Statements herein are made solely by the author and are not attributable to the McIlveen Family Law Firm. Use of this blog does not create an attorney-client relationship. The blog may fail to accurately or comprehensively represent the law or the topics discussed. Reading or commenting on this blog does not constitute a client attorney relationship. This Blog may be viewed as an advertisement under some rules. Always consider consulting with an attorney about your particular situation.

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