October 2013

2013 New Jurisdictional Amounts for Superior Court, District Court & Small Claims in NC

In 2013 the new jurisdictional limits in North Carolina are as follows:

1) Small Claims upto $10,000 (formerly $5,000).

2) District Court upto $25,000.00 (formerly $10,000)

3) Superior Court, above $25,000

See also blog on new Arbitration Rules & Attorney Fees.

Note: Small claims are still the jurisdiction for evictions in Landlord-Tenant matters. However, if your property has a lease-purchase agreement or an option to purchase by the tenant, then the case will be dismissed for jurisdictional limits.

New Law RE: Mandatory Arbitration in NC casesbelow $25,000.00 & Attorney Fees in Personal Injury Cases

The new legislation in 7A-37.1 passed in June of 2013 orders that cases for amounts below $25,000 be sent to mandatory, non-binding arbitration. The fee is $100.00, which is to be divided between the parties . This can be waived if all parties consent to waive the arbitration hearing. 

A party to the arbitration can appeal the case de novo (start brand new).

The purpose is to offer an economical, more efficient method to resolve disputes.

Importance of Copyright Registration- Dash v. Mayweather- copyright infringement case

            Copyright protects “original works of authorship” that are fixed in a tangible medium. It is important to note that copyright protection is secured automatically when the work is “created”, which is the moment that the work is fixed in a tangible medium. Registration of the work with the U.S. Copyright Office is not required for protection, but a recent case highlights one of the key benefits of registration.

Business Selling Attorney

Over the next twenty years, the majority of personally owned businesses will change hands as the Baby Boomers retire. Many times I’ve seen business owners without succession or transfer plans simply shutter the doors of a perfectly viable business that could be sold.

Some things to consider years in advance of your retirement:

1)     When do you want to retire or sell the business?

2)     Is there a new competitor coming into your business market?