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At the NCBA’s annual Antitrust and Complex Business Disputes Section CLE last week, there was a panel segment of the North Carolina Business Court Judges. Fox Rothschild was there, and here is
our recap of what
we heard and learned. As always, we strive to be accurate reporters, but this is not a verbatim recitation of what was said. If you want that, however, my understanding is that the CLE will be available on-demand in the coming months.
As always, the Judges were extremely helpful and gracious with their time and insight. They began by reporting on the necessary modifications that the pandemic has forced on their court operations. Not surprisingly, they have all been fully remote for some time now. The Judges indicated that virtual hearings have been going well, and the lawyers have stepped up to the technology. There were no reports of any lawyers appearing in court as a kitten (if you haven’t se
DBusiness Magazine
James Alexander // Photo courtesy of JAMS
JAMS, a provider of alternative dispute resolution (ADR) services, has announced the addition of James M. Alexander to its Detroit panel. Prior to joining JAMS, Alexander served for nearly 20 years in the Oakland County Circuit Court. During this time, he also served a nine-year tenure in the family court and a term as a presiding judge.
Based in the Detroit Resolution Center, Alexander will serve as an arbitrator, mediator, and special master/referee, handling disputes in business and commercial, construction, employment, family law, government and public agency, and professional liability.
âAs an advocate of ADR, Judge Alexander is recognized for his ability to understand the
House Subcommittees Drop Hints on Amended FY21 Budget
Moving quickly after last week’s budget hearings, the subcommittees of the House Appropriations Committee convened in sequence this morning to sign off on their assigned agency budgets. While actual tracking sheets were not released to the public, subcommittee chairs shared some highlights and hints about what we are likely to see in the full Appropriations Committee tomorrow:
Public Safety
The Public Safety Subcommittee of the House Appropriations Committee, chaired by Representative Bill Hitchens (R-Rincon), reviewed the changes to the Governor s proposed budget for Amended FY21, which include:
Provision of funds for a temporary judge on the Court of Appeals;
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Recently, the North Carolina Supreme Court issued a decision impacting the application of the economic loss rule in commercial settings, particularly construction.
This article provides a refresher on the economic loss rule before turning to an overview of the Court s decision and its potential impact.
The economic loss rule is a legal construct designed to prohibit recovery under a tort theory of liability, like negligence, for purely economic losses that arise out of a contractual relationship. The overarching premise behind the rule is that parties to a contract are presumed to have considered and contracted for how risk and loss flowing from the contract s subject matter is to be allocated. In other words, allowing a party to a contract to pursue remedies it did not bargain for in negotiating its contract would effectively allow that party to get more than its bargained-for exchange.