Jonathan A. Berkelhammer By Jon Berkelhammer The Federal Rules of Civil Procedure were designed to “secure a just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. Yet with the previously “accepted rule that a complaint should not be dismissed for failure to state a claim unless it […]
Jeremy M. Falcone By Jeremy M. Falcone During the 2015 legislative session, North Carolina devoted a great deal of attention to the employment classifications of independent contractors. After working its way through several revisions in the House and Senate, The Employee Fair Classification Act was left unfinished at the close of the legislative session. […]
Kelly Margolis Dagger By Kelly Margolis Dagger Consider the following two statements: “The company’s business practices are legal.” “We believe the company’s business practices are legal.” From an investor’s perspective, do both statements have the same meaning? The United States Supreme Court thinks not. The former expresses a fact, the latter an opinion. […]
Thomas H. Segars By C. Scott Meyers & Thomas H. Segars In pari delicto is an equitable defense asserted when a defendant claims that a plaintiff is equally at fault for the wrong that has befallen him. The doctrine is “rooted in the common-law notion that a plaintiff’s recovery may be barred by his own wrongful […]