A federal appeals court has underscored its insistence that attorneys’ fee awards take into account just how far short of the target a plaintiff’s arrow falls. Judges must compare the amount of damages sought to the amount awarded, the ...

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  Eighteen months after it was implemented, two of the six counties participating in a legislature-mandated pilot program to pay court-appointed attorneys according to a fixed fee schedule have asked to be exempted from participation. The program was the result ...

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  A former officer and director of a private, closely held business is not entitled to the advancement of his legal fees and costs pursuant to the company’s bylaws where he failed to demonstrate that irreparable harm would result without ...

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The winner of a breach of contract claim can recover attorneys’ fees as set out in the contract. The winner can also recover the fees it incurred in successfully pursuing the related claims of breach of fiduciary duty and constructive ...

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The parties entered into a consulting agreement, pursuant to which the plaintiff-consultant was to identify ways for the defendant-client to save money on the fees it incurred when its customers used credit cards to pay for defendant’s services. The consulting ...

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Plaintiffs’ class action lawsuits challenging a merger between Krispy Kreme Doughnuts, Inc., and JAB Beech, Inc., resulted in supplemental disclosures to shareholders, and the court finds the materiality of those disclosures to be somewhere between nil and obvious. The court ...

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Bandy v. Gibson (Lawyers Weekly No. 020-063-17, 15 pp.) (Gregory McGuire, J.) 2017 NCBC 56 Holding: Where the receiver was appointed to manage and operate an ongoing business pending final judgment in litigation, his duties are not the same as ...

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Jones v. Department of Public Safety (Lawyers Weekly No. 012-070-17, 7 pp.) (Ann Marie Calabria, J.) Appealed from Johnston County Superior Court (Mary Ann Tally, J.) N.C. App. Unpub. Holding: The State Personnel Commission relied upon several cases to conclude ...

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Law Firm of Michael A. DeMayo, LLP v. Schwaba Law Firm (Lawyers Weekly No. 012-067-17, 8 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Tanya Wallace, J.) N.C. App. Unpub. Holding: After a personal-injury client rejected the $85,000 ...

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Phillips & Jordan, Inc. v. Bostic (Lawyers Weekly No. 020-003-17, 20 pp.) (Louis Bledsoe III, J.) 2016 NCBC 95 Holding: Where plaintiffs offered evidence that defendant caused Bostic Construction, Inc. (BCI), to make a preferential payment to himself in circumstances ...

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