JON WALL ELECTED AS LEGAL ELITE IN NORTH CAROLINA EMPLOYMENT LAW
Business North Carolina magazine asks lawyers to nominate their peers that they think are the state’s best practitioners in their field. Ballots were made available to more than 20,000 North Carolina lawyers. Those receiving the most votes make up the legal elite. Approximately 3% were selected as Elite for 2015.
BERT ANDIA OBTAINS JURY VERDICT FOR CLIENT
Bert Andia represented Caveators in a proceeding designed to find a codicil to a will as being invalid due to lack of the testator’s mental capacity. The evidence established that the testator was hospitalized in a mental in-patient facility undergoing electro-convulsive therapy for a serious mental illness. The testator was removed from the in-patient facility... Read More
North Carolina’s Eviction Process for Landlords
By Peter Isakoff, Associate Attorney, Higgins Benjamin, PLLC As a landlord, taking a tenant to court can be a confusing and daunting process. A common reason landlords take tenants to court is when tenants default on leases by not paying rent. North Carolina law, specifically N.C. General Statute Chapter 42, provides a detailed, multi-step process... Read More
BERT ANDIA SPEAKS TO TRIAD ENTREPRENEUR’S WORKSHOP
On October 8, 2015, Bert Andia gave a presentation on intellectual property basics to the Triad Entrepreneur’s Workshop. The Workshop was co-sponsored by the Greensboro Chapter of SCORE and Sam’s Club. SCORE has 370 chapters throughout the U.S. that provide mentoring to entrepreneurs as well as new and established small business owners. SCORE’s services are... Read More
Collaborative Law — A Better Method for Divorcing Couples
By Stephen E. Robertson, Managing Partner, Higgins Benjamin, PLLC Most of us get our perceptions of lawyers from TV, hairdressers, jilted relatives, domestic violence news accounts and other sensational but less than reliable sources. When we face an often emotionally charged breakup, we might think “I want the toughest, meanest junkyard dog litigator I can... Read More
DANGEROUS NONCOMPETITION AGREEMENT CASE HEADS TO N.C. SUPREME COURT
By Jon Wall, Member, Higgins Benjamin, PLLC Beverage Systems, LLC v. Associated Beverage Repair, LLC, 762 S.E.2d 316 (N.C. Ct. App. 2014) is headed to the North Carolina Supreme Court for review. The Court should reverse the Court of Appeals’ decision, as it represents a significant departure from our jurisprudence on noncompetition agreements (also called... Read More
FUNCTIONALITY IN TRADE DRESS CASES
Whether it is used for the appearance of a suite of furniture, or the shape of a soft drink bottle, the legal concept of “trade dress” has been used to protect a wide variety of designs that were otherwise not protectable under traditional notions of trademark or patent law. ... Read More
MARGARET MCNAIRY CHASE JOINS HIGGINS BENJAMIN
Higgins Benjamin, PLLC, is pleased to announce the addition of Margaret McNairy Chase to the firm. Formerly with Rossabi, Black & Slaughter, PA, Margaret brings more than a decade of experience to the firm. She is a graduate of Wake Forest University School of Law and received her undergraduate degree in Political Science from Furman... Read More
BERT ANDIA AND MANDY CASTLE SECURE JURY VERDICT FOR CLIENT
In a jury trial that lasted five days, Bert Andia and Mandy Castle successfully obtained a jury verdict for approximately $500,000. Bert and Mandy represented a bank that loaned money to a developer to purchase certain property, but who did not pay the full amount of the loan after the property decreased in value and... Read More
BERT ANDIA AND MANDY CASTLE SECURE APPELLATE VICTORY FOR CLIENT
After a trial court awarded summary judgment on securities fraud and breach of contract claims against his client, Bert Andia and Mandy Castle appealed the trial court’s decision to the North Carolina Court of Appeals. In the recently decided case of Brown v. Artisan 2510, COA 13-868 (unpublished opinion), the Court of Appeals agreed that... Read More