We finally have more guidance on ways local governments may use their allotted ARPA recovery funds. On May 10, 2021, the United States Treasury adopted a final interim rule and put out a factsheet outlining the different ways eligible local governments can use their fiscal recovery funds from the federal spending package known as the…
Occupational diseases that attack injured workers’ lungs are often filed with the North Carolina Industrial Commission. The most common lung diseases include: (1) silicosis; (2) asbestosis; (3) byssinosis; and (4) occupational asthma. Silicosis and asbestosis are specifically enumerated in N.C Gen. Stat. § 97-53. Byssinosis and occupational asthma are not specifically enumerated under this statute,…
In North Carolina, lawsuits by homeowners against contractors and subcontractors are governed by the economic loss rule. This rule, articulated in the seminal case Ports Auth. v Lloyd A. Fry Roofing Co., states that a plaintiff cannot sue in tort when a contractual remedy exists, with a few exceptions: unless a third-party sustained the injury,…
Assume you find yourself in the unfortunate situation where a current or former customer has filed a claim against you or your broker-dealer. The claim will proceed to arbitration, but who will make a ruling on the claims against you? There is no judge, there are no juries, just arbitrators and a panel. But who…
The tripartite relationship refers to the relationship between the insurer, the insured, and the attorney arising out of the insurance contract. Each party to the relationship has their own respective duties and roles, which will be discussed in turn. In litigation, it is critical for each member of the tripartite relationship to understand its role…
Few rights are as deeply embedded in our body of laws as the right to a trial by jury. This right, which applies to criminal and civil defendants, is enshrined in both the U.S. Constitution and the laws of all 50 states. In North Carolina, Article I, Section 4 of our State Constitution provides: No…