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Tag Archives: attorney’s fees

Arbitration – Award Confirmation – Health Insurance – Statute of Limitations – ERISA – Attorneys’ Fees – Affidavit (access required)

Aetna Health of the Carolinas v. Piedmont Endocrinology Medical Associates, P.A. Even if some of plaintiffs' claims were brought more than three years after they arose, an arbitrator's misapplication of the law does not justify vacation of an arbitration award. The arbitrator's alleged failure to properly apply the statute of limitations provides no justification to vacate the award pursuant to 9 U.S.C. § 10(a).

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Workers’ Compensation – Attorney’s Fees – Civil Practice – Appeals – Senior Resident Superior Court Judge (access required)

Waddell v. Goodyear Tire & Rubber Co. The Industrial Commission found that a plaintiff's former attorney's fee was reasonable, that the attorney was entitled to compensation for 193 weeks, and that the attorney was not entitled to additional compensation after that time period. The logical implication is that any additional compensation to the attorney after that period was unreasonable.

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Contract – Findings of Fact – Conclusions of Law – Necessary Party – Competent Evidence – Breach of Contract – Legal Services – Attorney’s Fees (access required)

Trachtman Law Firm, PLLC v. Csapo. (Lawyers Weekly No. 11-16-0431, 15 pp.) (Rick Elmore, J.) Appealed from Wake County District Court. (Lori Christian, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding:  The trial court ...

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Lender sanctioned for repeated violations of automatic stay (access required)

A lender that repeatedly entered a couple's property despite the fact that an automatic stay had been imposed during bankruptcy proceedings has been sanctioned for the violation. The sanction came in In re Sands, a matter in the U.S. Bankruptcy Court for the Middle District of North Carolina. HSBC bank was ordered to pay the Sands' $1,200 in attorney's fees incurred when Winston-Salem attorney Kristen S. Nardone brought the motion for sanctions and appeared at two hearings on the motion.

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Pending bills would revamp points of family practice (access required)

Matters at the heart of the practice of family law in North Carolina are the focus of several bills pending in the state's legislature this spring. Two bills address the payment of child support by non-parents, two would alter provisions relating to protective orders and one would mandate the awarding of attorney's fees to prevailing defendants in cases.

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Insured recovers on counterclaim for malicious prosecution over Wilson fire (access required)

Laurie Volpe was the owner of Cully’s Motorcross Park, Inc. Cully’s was originally the owner of a motorcross park in Florida. When Volpe and her husband, Louis Volpe, moved to North Carolina, Cully’s was incorporated in North Carolina and began ...

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Domestic Relations – Marital Property – Valuation – Alimony – Attorney’s Fees – Equitable Distribution (access required)

Johnson-White v. White. (Lawyers Weekly No. 11-16-0185, 25 pp.) (Ann Marie Calabria, J.) Appealed from New Hanover County Superior Court. (J.H. Corpening, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did ...

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