Litigation PublicationsOn the Docket Blog
"Rolling Out CSA 2010 - The New Motor Carrier Safety Compliance"
Jim Bryan and Dennis Lynch
The DefenseLine  Summer 2010
"Unforgiving Mistakes: Beaman v. Head and Its Progeny"
Margaret Burnham, Ben Kahn and Dave Pokela NC Land Title Association
Carolina Update - Fall 2009 / Winter 2010 2010
October 2009-Recently, there has been a spate of bankruptcy decisions in the Eastern District of North Carolina involving real estate documentation errors. This article looks at Beaman v. Head and the cases that followed in its wake. What lesson is there to learn? Real estate documentation mistakes can be unforgiving and incurable in bankruptcy.
Recent Developments in Insurance Coverage Litigation
Stephen P. Groves Sr., Robert N. Kelly, Christine S. Davis,Pamela A. Palmer, Fred A. Smith, and David A. Gauntlett
Tort Trial & Insurance Practice Law Journal, Winter 2010 (45:2) Winter 2010
Nexsen Pruet's Stephen Groves co-authored the article for the for Tort Trial & Insurance Practice Law Journal.
"From bench to bar: Former federal chief judge makes tough transition"
Fred Horlbeck Greenville
SC Lawyers Weekly November 10, 2009
The November 9th, 2009 edition of South Carolina Lawyers Weekly profiles Billy Wilkins in an article entitled "From bench to bar: Former federal chief judge makes tough transition."
Defenses for Cargo Loss Claims Under the Carmack Amendment
Jim Bryan and Taylor Stukes
Trucking Industry Defense Association e-newsletter - October 2009 October 2009
Cargo travels this nation by truck through hundreds of miles and through the hands of multiple parties before it reaches its destination. During the journey, the parties involved in the transport of the cargo face constant risks for legal liability for damage or loss of cargo.
Business Courts - Coming to a State Near You
Scott D. Marrs, Val H. Stieglitz, and James E. Rogers
July 2009
Scott D. Marrs, Val H. Stieglitz, and James E. Rogers look at business courts which are gaining renewed vitality during the current economic crisis.
Fiduciary Duty Newsletter - April 2009
April 15, 2009
The Nexsen Pruet Fiduciary Duty & Trade Secret Newsletter deals with topics of current interest in these two areas of the law that are critical to businesses and the people who manage, own, and direct businesses.
Stimulus Spending Breakdown by State and Category
February 20, 2009
Stimulus Spending Breakdown by State and Category
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Tom Cochran, CEO and Executive Director
The United States Conference of Mayors February 20, 2009
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Tom Cochran, CEO and Executive Director
The United States Conference of Mayors February 13, 2009
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Property Insurance: Covered Causes of Loss and Excluded Perils
James W. Bryan
Chapter in Defense Research Institute publication entitled, Construction Defects Claims and Coverage May 2007
Dominant features of property insurance are the covered causes of loss and the excluded perils. This is true for commercial property policies including builders risk, as well as homeowners policies. These features are the focus of this chapter.
Less Paper, More Danger?
SC Lawyer March 2007
The U.S. Supreme Court approved amendments to the Federal Rules of Civil Procedure pertaining to discovery of electronically stored information (ESI) that took effect on December 1, 2006.
Human Tissue Litigation: Where is the Injury?
Val H. Stieglitz & Angelica M. Colwell
International Association of Defense Counsel Committee Newsletter, No. 9 March 2007
Val H. Stieglitz & Angelica M. Colwell co-authored an article published in International Association of Defense Counsel Committee Newsletter, No. 9 entitled Human Tissue Litigation: Where is the Injury? (March 2007).
Procurement Law Update - January 2007
January 2007
Procurement Laws Revamped: Changes impact how businesses do work with state and contract dispute process.
Internet Website Sales and the Proper Use of the Zippo Sliding Scale for Personal Jurisdiction
Gary Beaver
August 2, 2006
Published by Commercial & Business Litigation Committee of ABA Section of Litigation (Summer 2006)
Applying "old law" of personal jurisdiction to the "new ways" of doing business.
The Excess Insurer Lament: When Is The Primary Layer Exhausted?
James W. Bryan
The Fourth Circuit Weighs In Against The Excess Insurer - ABT Building Products Corp. v. National Union Fire Ins. Co. of Pittsburgh, 472 F.3d 99 (4th Cir. 2006) 2006
Using Non-Reliance Clauses in Defense of Fraud Claims
R. Bruce Wallace, Christie Matthews
"The Business Suit," from the Commercial Litigation Committee of the Defense Research Institute March 2006
Bruce Wallace of the firm's Charleston office and Christie Matthews of the firm's Charlotte office co-wrote "Using Non-Reliance Clauses in Defense of Fraud Claims" for "The Business Suit," the email newsletter from the Commercial Litigation Committee of the Defense Research Institute.
North Carolina Chapter in the Defense Research Institute's Unfair Trade Practices: A Compendium of State Law - 2006
Top Ten Mistakes Clients Make In Electronic Discovery
Gary Beaver
Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association February 6, 2006
Published on the web site of the Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association.
Five Common Mistakes Lawyers Make In Electronic Discovery
Gary Beaver
February 6, 2006
Published on the web site of the Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association.
Consumers' Right-to-Know: Maintaining Customers' Rights, Preventing Cyber Terrorism, and Preserving Banks as Part of Our Critical Infrastructure
Critical Infrastructure Protection Project: Workshop I Working Papers 2006
Waiver of Right of Arbitration Upon Participation in Litigation
James W. Bryan Greensboro, North Carolina
North Carolina Bar Association Newsletter "The Litigator" June 14, 2005
An examination of the circumstances under which a party may be found to have waived its right to arbitrate when having already participated in litigation.
Intellectual Property Update - June 2005
Nexsen Pruet Intellectual Property practice group
June 2005
A Primer on South Carolina Tort Reform
J. David Black, Nikole Setzler Mergo
May 4, 2005
A look at the history and meaning of tort reform in South Carolina.
Advanced Trial Advocacy In SC Pt. 2
Marcus A. Manos
National Business Institute April 10, 2005
Presented at the National Business Institute.
Advanced Trial Advocacy In SC Pt. 1
Marcus A. Manos
April 10, 2005
Presented at the National Business Institute.
Commercial Leases: A Company's Most Important Contract
W. Leighton Lord III
March 5, 2005
Many companies today do not give their leases the same respect they give commercial contracts. The problem is that most leases are far more important than the majority of contracts the company enters into. This article will attempt to address some of the basics of understanding and negotiating a commercial lease on behalf of a tenant. While many companies may be landlords, typically a company is a tenant. That being said, the issues raised in this article are of equal interest to a landlord.
Business Litigation Review - Punitive Damages
James Bryan
March 2005
The Business Litigation Review is offered as a service to Nexsen Pruet, PLLC clients and friends. This review covers punitive damages law in North Carolina and in South Carolina.
Recent Developments in Appellate Advocacy
Stephen P. Groves, Sr.
Tort Trial & Insurance Practice Law Journal, Winter 2005 Winter 2005
The Hazards of Fire Retardant Treated (FRT) Wood
Bradish J. Waring
2005
This article discusses the use of inorganic salts as a treatment to render wood fire-retardant and the serious problems that arise from the process. --Fire Retardant Treated (FRT) Lumber or FR-S (per Underwriters Laboratories, Inc.)
Litigating Arbitration Clauses: Watch the Wording
Val H. Stieglitz
Time Is Money: Recovery of Liquidated Damages by the Owner
R. Harper Heckman and Benjamin R. Edwards
The Construction Lawyer Fall 2004
This article analyzes the obstacles facing an owner seeking recovery of delay damages and how these obstacles might be avoided through the use of "liquidated damages" provisions.
Valuation of Claims Secured by Liens on Property and Appraisal Testimony
T. Eugene Allen, III
South Carolina Bankruptcy Law Association Annual Meeting September 17, 2004
Equitable Considerations in Removal
Amy H. Geddes
South Carolina Lawyer July 1, 2004
Recent Case law around the country indicates that, like many things in the law, the answer to the removal question of "Is one year the final answer?" may not be black or white or yes or no, but now more a gray "maybe."
Marion Crane, Benjamin Porter, and Robert Taylor, Plaintiffs, v. International Paper Company and CWC of North Carolina, Inc., Defendants
Marguerite S. Willis, Val H. Stieglitz, Russell T. Burke, Jacquelyn L. Bartley
Timber landowners from North and South Carolina obtained certification of a class action lawsuit against International Paper (IP) and one of its suppliers, charging widespread price fixing of pulpwood timber in violation of the federal antitrust laws. The action was settled with significant recoveries for class members.
Defending Against Foreign Nationals Suing in U.S. Courts For Injuries in Foreign Countries
Val H. Stieglitz
January 8, 2003
Important 2002 Revisions to the "Federal Rules of Appellate Procedure"
Stephen P. Groves
2003
On December 1, 2002, several important amendments to the Federal Rules of Appellate Procedure will become effective. These rule changes "shall govern in all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending."
Cost Comparison of Official Fees for Euro-PCT Application
John B. Hardaway III and Michael A. Mann
January 28, 2002
This schedule outlines the official fees through the EP Regional phase entry of an international (PCT) application filed with the RO/US. It compares the cost for an application which chooses the USPTO as ISA and IPEA to those for the same application where the EPO is the ISA and IPEA.
Auto Exclusion in General Liability Insurance Policies
For the Defense, Vol. 43, No. 12, December, 2001 December 2001
Cities Must Use 'Smart Growth' Intelligently
David S. Pokela
August 18, 2001
"Smart Growth" is a catch phrase for renewed interest in controlling land development. Although growth management techniques may be used for the good of the general public, most have a detrimental impact on the value of individual property owners' land.
Race-Conscious Admissions in Higher Education, 28 J.C. & U.L. 153 (2001)
Daniel C. Leonardi
Journal of College and University Law - National Association of College & University Attorneys 2001
Hot and Humid:
T. Eugene Allen, III
October 1, 2000
This article discusses coverage for EIFS (stucco) claims under a comprehensive general liability policy.
Self-Insured Retentions
James W. Bryan
American Law Firm Association's Transportation Practice Group Seminar, April, 2000 June 2000
A Primer on Software Litigation
Marcus A. Manos Presented at the Software Legal Issues Seminar
April 16, 1999
An introduction to common issues in computer litigation.
Mediation and Arbitration
Val H. Stieglitz
Reprinted with permission of the South Carolina Bar. From Legal Aspects of Export Transactions, Copyright, 1999 1999
As an alternative to international litigation.
Conducting Discovery and Enforcing Judgments Abroad
Val H. Stieglitz
Reprinted with permission of the South Carolina Bar. From Legal Aspects of Export Transactions, Copyright, 1999 January 1, 1999
How to Get Sued
Paul A. Dominick
The Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
What not to do when running a business.
Basic Issues of Jurisdiction and Procedure in Intellectual Property
Marcus A. Manos
1996
An outline of basic jurisdictional and procedural issues common to intellectual property litigation.
Homeowners in the Workplace: Are Their Torts Covered? The Business Pursuits Exclusion
T. Eugene Allen, III and I. Rose Duggan
FICC Quarterly, vol. 45, no. 4, summer 1995 May 10, 1996
This paper examines the issues which surround the question of whether or not homeowner's insurance will cover a liability incurred while the insured is engaged in workplace activities.
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