Personal injury litigation

Personal injury litigation Personal injury litigation is one of the few areas of the law where even the poor have equal access to justice. The reason for this is the contingent fee agreement. With a contigent fee agreement a client pays the attorney a percentage of the total amount of any recovery in their claim, whether by settlement, jury verdict or some other alternative dispute resolution procedure. The “contingent” aspect of the fee means that if there is no recovery, there is no attorney fee. The contingent fee must be…

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Serious and Traumatic Injury Lawyer, Do I have a Case

Serious and Traumatic Injury Lawyer, Do I have a Case There are many factors that attorneys look at when determining whether you have a good personal injury case. Some of the factors are;(1) who is at fault; (2) the nature and extent of injuries in the case; (3) insurance policies; (4) the nature and extent of property damage if any; and (5)witnesses to the accident. Other factors attorney’s look at are the nature and extent of your communications with the insurance company before you have retained an attorney.more information on…

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Mandated Paid Safe Days

Protect employees

There are many unanticipated, unfair reasons why employees miss work and suffer lost pay, lost opportunities, and even disciplinary action. There are an equal number of emotionally compelling reasons to protect employees in these instances. But does that mean employers should be required to provide protection? In the cases of serious health conditions for immediate family members, employee disabilities, and society’s military needs, for example, the question has been answered in the affirmative. We have national laws (and in many instances state laws) to address these situations. But what about…

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McKinney Rule for Removal To Federal Court Rejected by Fourth Circuit

McKinney rule

The Fourth Circuit has now joined the Sixth, Eighth and Eleventh Circuits in adopting a last served defendant rule to govern the timing of filing a petition for removal from state court to federal court in cases involving multiple defendants. The case is Barbour v. International Union, 1:08-cv-01076-AMD, decided on February 4, 2010. The statutory authority for removal to federal court is found in 28 U.S.C. § 1446(b) which states: “The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by…

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Fourth Circuit affirms enforceability of “pay-when-paid” clause

pay-when-paid

In its February 19 ruling in Universal Concrete Products Corp. v. Turner Const. Co., the Fourth Circuit once again confirmed the well-established Virginia rule that “pay-when-paid” clauses are enforceable in construction agreements in the absence of clear contractual ambiguity. In Universal Concrete, the Subcontractor unsuccessfully argued to the District Court on summary judgment that an ambiguity existed regarding payment by virtue of language in the AIA contract between the Owner and Turner. The District Court disagreed and the Fourth Circuit affirmed. The Fourth Court found that Turner had no obligation…

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About The Health Care Experience

legal matters facing health care clients

Just as health care is becoming increasingly complex, so are the legal matters facing health care clients. At DurretteCrump, our attorneys provide individualized, innovative counsel regarding general corporate matters including acquisitions and reorganizations, tax matters and tax-exempt issues, real estate and facility construction matters, capital finance and reimbursement issues, and compliance with federal and state health laws. Our attorneys also have extensive experience representing health care clients in litigation and regulatory matters including government investigations, civil and criminal fraud prosecutions and payment disputes. Kenneth D. McArthur, Jr. is the Chairman…

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Details About Bankruptcy

Bankruptcy Law

Current economic times are making bankruptcy issues more complex—and more common. Whether you are a business owner, unsecured creditor, bankruptcy trustee or financial institution, our attorneys understand you need strategic solutions and innovative, individualized counsel to guide you through the legal process and help you achieve your goals. At DurretteCrump, our experienced team of professionals represents individuals and corporations in bankruptcy proceedings including informal workouts, Chapter 11 bankruptcy reorganizations and complex Chapter 7 bankruptcy liquidations for businesses and solo practitioners. We also have experience bringing and defending adversary proceedings for…

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