Articles & Publications
North Carolina is one of only four states retaining the common law doctrine of pure contributory negligence. Defendants must plead the affirmative defense of contributory negligence or risk waiver.
Asbestos litigation continues unabated in jurisdictions across the country. Exposure scenarios that rarely gave rise to lawsuits just a few years ago are now the norm. Bystander, take-home and environmental drift cases are filed with regularity. The rise of these de minimis dose cases makes the proper application of causation criteria all the more important. Causation standards should be based on legitimate science and sound legal principles. This is our 2017 Update: Compendium of Asbestos Causation Standards.
- December 2017
People—and companies—have skeletons. When they belong to your client, you have two choices: (1) put them in a closet, bolt the door, and hope it holds; or (2) throw them out on the floor like party favors. In litigation, whenever possible, opt for number 2.
- Fall 2017
This article discusses some of the processes used by and concerns of the defense side on damages, and how plaintiffs’ attorneys can assist opposing counsel in a way that helps achieve just and fair results for all parties.
- November 2017
When the identity of the client is unclear, the lawyer’s duties and obligations are not clear, which can lead to bad outcomes—for lawyer and client.