The Economic Loss Rule in a “Crescent University” Landscape: What Subcontractors and Subsequent Purchasers Should Know

Jacob Wellman

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,…

Insurance Coverage Implications for Business Owners and Executives in North Carolina under the Workers’ Compensation Act

John Tomei

Are all workers who perform services for an employer, including owner, partner, member, or executive officer, covered as “employees” under the North Carolina Workers’ Compensation Act to the extent they may be seeking workers’ compensation benefits?  How are those “employees,” if they are an owner, partner, member, or executive officer, included in or excluded from…

Chapter 90 and 42 U.S.C. Section 1983: Raising the Bar for Pro Se Plaintiffs

Matt Little

In recent years, the Defense Bar has seen historic numbers of pro se prisoner filings. Along with this increase is a new litigation trend that involves coupling traditional medical malpractice claims under Chapter 90 of the North Carolina General Statutes with Federal civil rights claims under 42 USC Section 1983. Given the cap on non-economic…

Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, Part 3 of 3

Luke West

This is the third and final article in a three-part series discussing different aspects of compensability of COVID-19 workers’ compensation claims in North Carolina, including: Part 1: Are all communicable diseases the same? Does the designation of an epidemic or pandemic change the way statutes are interpreted?; Part 2: What are the critical factors for…

Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, Part 2 of 3

Luke West

This is the second article in a three-part series discussing different aspects of compensability of COVID-19 workers’ compensation claims in North Carolina, including: Part 1: Are all communicable diseases the same? Does the designation of an epidemic or pandemic change the way statutes are interpreted?; Part 2: What are the critical factors for determining compensability…