Ukraine: Stay and Remain, Part 2
Thousands of servicemembers have been deployed in response to the Russian invasion of Ukraine. Naval frigates, surveillance aircraft, artillery units and brigade combat teams are all heading out as part of the first-ever NATO Response Force. Undoubtedly some of the servicemembers (SMs) will be involved in civil cases, administrative legal proceedings, and family law litigation. Some of these SMs will likely ask the court to freeze the case during a deployment (or any period in which the SM is unavailable due to assigned duties), so the status quo will remain while the SM is not available. Read More +
Ukraine: Stay and Remain, Part 1
The Pentagon has deployed thousands of servicemembers in response to the Russian invasion of Ukraine. Naval frigates, surveillance aircraft, artillery units and brigade combat teams are all heading out as part of the first-ever NATO Response Force. Read More +
Practice Points with Mark Scruggs: Suing the Wrong Defendant
One of the most common errors we see at Lawyers Mutual is the failure to sue the right defendant before the statute of limitations expires. Read More +
Taking the (Tax) Sting out of Taxable Settlements
Protect clients from tax burdens with a structured settlement. Read More +
Medicaid: "Ahlborn hearings" are back thanks to the 2018 federal budget which makes Medicaid provide lien reduction hearings again. But watch the deadlines!
I'll put the most important thing first, then explain it. This is just my opinion, and applies only to North Carolina law, but since deadlines may be running, I wanted to get it out there. If you settled a case (by minor settlement, signed release, or Industrial Commission approval) in which Medicaid claimed a… Read More +
Practicing Within the (state) Lines!
Tips for avoiding the unauthorized practice of law when approached with a case involving another state. Read More +
The Rule 11 Motion: Don’t Do It
Reasons to not file a Rule 11 motion during your case. Read More +
First Ever OCR Settlement of Enforcement Action Against HIPAA Business Associate Due to PHI Breach - $650,000 Monetary Resolution Payment
Warning for attorneys advising clients regarding HIPAA business associate agreements. Read More +
Attorneys, Check Your Consumer Demand Letters!
Suggestions, from case law, to help attorney demand letters not run afoul of FDCPA standards. Read More +
Handling Copyright Disputes in Digital Media: The Digital Millennium Copyright Act in Practice
Tips for managing a DMCA dispute claim. Read More +
Uninsured and Underinsured Motorist Insurance Claims – Common Errors
Tips to avoid common traps in UM/UIM claims. Read More +
Third-Party Litigation Financing and Ethical Traps for the Unwary Lawyer
Dangers associated with third-party financing of litigation cases. Read More +
New Style for Spring: Updated Appellate Style Manual
New Style for Spring: Updated Appellate Style Manual An updated version of the Appellate Style Manual was recently published by the Bar Association’s Appellate Rules Committee. This useful resource provides sample documents and practical notes for drafting records on appeal, briefs, writs, an… Read More +
Auto Accident UIM Claims: The Full Release – Beware the Snake In the Grass
Avoiding malpractice traps in a Full Release when a claim against an underinsured motorist is pending Read More +
Innovation Comes to Structures: S&P Index-Linked Payment Adjustments
Description of new payment option for structured settlements Read More +
Malpractice Alert: When “Thirty Days After Service” Doesn’t Mean Thirty Days After Service
Determining the deadline for filing notice of appeal after final judgment, according to NC Court of Appeals ruling Read More +
Practice Alert: New Supreme Court Ruling Affects Statute of Limitations in ERISA Employee Benefit Claims.
Description of Supreme Court ruling affects on ERISA benefit claims. Read More +
North Carolina General Assembly Makes Big Changes in Civil Courts’ Jurisdiction
New legislation raises limits in many civil court jurisdictions Read More +
Settlement Planning & Risk Management: The Grillo Case: Are You Employing Pre-Resolution Planning and a “Client Acknowledgement Letter?”
Risk management for cases with structured settlements Read More +
It’s Official – N.C. Supreme Court Says You Must Explicitly Sue Public Official Or Governmental Employees In Their “Individual Capacity” In Order To Avoid Sovereign Or Governmental Immunity Defenses.
Decision determines requirements for pleadings against governmental employees Read More +