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…
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…
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…
Teague Campbell is pleased to announce that attorney, Latasia Fields, has been selected as a Rising Star by North Carolina Lawyers Weekly Magazine. The Rising Star Award recognizes lawyers who have been out of law school ten years or less and have already made a strong impact in the legal community. Criteria for the selection…
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…
The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021. The ARPA amends the Internal Revenue Code (IRC). Sections 9641, 9642 and 9643 of the ARPA amend the IRC by adding three new sections to Chapter 21 of the IRC: “Credit for paid sick leave,” “Payroll credit for paid family leave,” and “Special rule…
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…
A decision has been an issued by the North Carolina Supreme Court in a case that we have been following for quite a few years: Griffin v. Absolute Fire Control, Inc. The Supreme Court affirmed the ruling from the Court of Appeals that was issued in January 2020. The case is now remanded back to…