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Lesson learned: Make covenants clear (access required)


A restrictive covenant prohibiting the use of lots for business or commercial purposes is ambiguous when applied to owners entering into short-term vacation rentals of their property, a unanimous panel of the Court of Appeals ruled on September 4 in Russell v. Donaldson.

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In tough times, lawyers urged to give more help to civil litigants


HARTFORD, Conn. (AP) — Jennifer Garcia stood alone before a judge with a stack of legal papers in her hands, answering questions about her personal life. She has acted as her own lawyer in state Family Court in a paternity, child support and visitation case on and off for three years, but representing herself in a courtroom full of strangers still makes her nervous.

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Blessed are the noise makers (access required)

Who will speak for those who speak a little too loudly or become unruly at the Democratic National Convention? There are the obvious advocates – the civil rights lawyer, the criminal defense attorney, and the law professor who runs a civil rights clinic. But the most active role so far has oddly been played by a real estate litigator who ended up with the job essentially by default: No one else seemed to want it.

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Sued but not silent (access required)

Before she was sued in a state that she had never visited by people from as far away as South Wales for making defamatory online comments about an animal rescue group, Susan Barrett didn’t know much of anything about strategic lawsuits against public participation.

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Bar exam fiasco prompts calls for overhaul (access required)


Digital natives abhor an information vacuum, and they expect their elders to embrace technology. But when the summer bar exam went awry two weeks ago, it was all vacuum and no embrace. So it was only natural that traffic to our site spiked on the news that the N.C. Board of Law Examiners was mulling its options following a power outage on Tuesday, July 24, the first day of the July bar exam.

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NC firm launches national class action against health-care company (access required)

A Raleigh firm has filed a nationwide class action lawsuit against one the nation’s largest home health care service providers. The lawsuit alleges that the company Amedisys unlawfully classified visiting nurses and other home health care providers as exempt from the overtime pay requirements of the Fair Labor Standards Act. The suit, Cook, et al. v. Amedisys, Inc., was filed in the U.S. District Court in Connecticut on July 25. The plaintiffs are represented by Martin & Jones, which has three offices in North Carolina, and by the nationwide firm of Cohen Milstein Sellers & Toll. Julie Cook, the named plaintiff in the case, is a registered nurse from Connecticut.

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