Category: lawsuit

Arbitration: How Do You Choose The Arbitrator?

Posted on by g83js92js91
Categories: arbitration, attorney, business contracts, business disputes, Business Law & Contracts, Business Law Disputes, contract law, contracts, Jason A McGrath, lawsuit, Litigation, small business
Attorney Jason McGrathexplains some things to consider when choosing the arbitrator during a lawsuit in this short video.

Here are some of the key points contained in the video:

  • If using a panel of 3 arbitrators: each party picks an arbitrator and then those two arbitrators pick the third one.
  • If using only 1 arbitrator: one side presents a list of possible arbitrators to the other side and the other side picks from the list.
  • You go back and forth and negotiate between the parties until a decision is made.
  • You may wish to avoid attempting private conversations with potential arbitrators in order to avoid the appearance of impropriety.
  • Consider all the information available to you to make an informed decision about your arbitrator.
  • Arbitrators may also be appointed by the court.

If you need legal services in North Carolina,
South Carolina,
Georgia,
Florida,
Ohio,
or Tennessee we invite you to fill out our confidential client formfor possible legal assistance.

Save

Decision On An Arbitration Provision In A Contract

Posted on by g83js92js91
Categories: arbitration, business law, Business Law & Contracts, Business Law Disputes, Continuing Series, contract law, contracts, Jason A McGrath, lawsuit, Litigation, North Carolina, series, video
Attorney Jason McGrath discusses some items to consider when deciding to include an arbitration provision in a contract matter in this short video.

Watch here > https://youtu.be/rOPNhRSSLVE

Here are some of the key points contained in the video:

⬤  Arbitration: do you prefer arbitration or a formal court case if there is a dispute?

⬤  The intent of an arbitration provision in a contract is to avoid a formal court case.

⬤  Arbitration provisions are, in general, enforceable and typically will be binding in the same way that a civil court judgment can be enforced.

⬤  There are ways to appeal an arbitration decision but they are limited.

⬤  Arbitration is usually less expensive than a formal court case.

⬤  You should talk to an attorney for advice when considering including an arbitration provision to your business contract.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client form for possible legal assistance.

cropped logo2Bseal2Blarge 3

Arbitration Agreement: How to Get to Arbitration if A Lawsuit Was Filed First

Posted on by g83js92js91
Categories: arbitration, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Jason A McGrath, lawsuit, Litigation, North Carolina, video
Attorney Jason McGrath shares some items to consider when your contract has an arbitration provision but the other party has already filed a formal lawsuit in the court system in this short video.

Click this link to view on YouTube https://youtu.be/J23FU7EDFB0, or watch below.

 

Here are some of the key points contained in the video:

What do you do if the other party has already filed a formal lawsuit in the court system?

  1. You go to the other side and point out that there is an arbitration clause in the contract and demand it be honored.
  2. If the other side refuses to halt the lawsuit and go to arbitration, you file a motion asking the court to dismiss or stay the lawsuit and order arbitration.
  3. This type of a motion needs to be filed before the case goes to far in the formal court system.
  4. If the court believes the arbitration clause to be valid, it will typically order arbitration and halt the lawsuit in the meantime.
  5. More often than not, arbitration clauses are enforced by courts.

You should get advice from an attorney to assist in handling litigation issues like arbitration.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client form for possible legal assistance.

cropped logo2Bseal2Blarge 3

Interrogatories – How They Generally Work

Posted on by g83js92js91
Categories: attorney, business, business law, Business Law & Contracts, Business Law Disputes, interrogatories, Jason A McGrath, lawsuit, lawyer, Litigation, NC Rules of Civil Procedure, small business

Attorney Jason McGrath explains “Interrogatories” during litigation and how they generally work in a lawsuit in this short video.

Click here to watch on YouTube  – https://youtu.be/s923VxHdLyE

Here are some of the key points contained in the video:

  1. Interrogatories are a list of written questions.
  2. The receiving party is to respond, typically within 30 days, to the questions or file an objection or series of objections.
  3. There is a rule limiting the number of questions that may be asked.
  4. The responses should be evaluated by the party that initiated the Interrogatories for accuracy and completeness and these issues can be questioned within the court system.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client contact form for possible legal assistance.

Save

cropped logo2Bseal2Blarge 3

Follow the Contract’s Arbitration Clause or File a Lawsuit?

Posted on by g83js92js91
Categories: arbitration, arbitration clause, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Dispute, Jason A McGrath, lawsuit, North Carolina, series

Attorney Jason McGrath explains some things to consider when deciding whether to follow a contract’s arbitration clause or file a lawsuit in this short video.

Click here to watch on YouTube or watch the video below.

Here are some of the key points contained in the video:

  • How do you end up in arbitration vs. in court?
  • Typically, someone has to decide – do we follow the arbitration clause or just file a lawsuit?
  • Parties usually just file a formal lawsuit as if there is no arbitration clause.
  • There can be some negatives to ignoring the arbitration clause.

You should have your attorney take a look at the contract and then make a careful decision on how to proceed based on a through legal analysis of your case and the contract.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client form for possible legal assistance.

cropped logo2Bseal2Blarge 3

Save

Legal Judgments – Can They Be Negotiated

Posted on by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, foreclosure, Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, judgment, Judgments, lawsuit
pen marker hand the hand legal judgement

In this video attorney Jason McGrath discusses some options when negotiating legal judgments between opposing parties in a lawsuit.

https://youtu.be/JruiKGTNbts


If you are in need of legal assistance with a Legal Judgment in North Carolina, South Carolina, Tennessee, Georgia or Florida please fill out our confidential client intake form.

Mediation

Posted on by g83js92js91
Categories: Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, lawsuit, Litigation, mediation, North Carolina
pen marker hand the hand mediation works

Whether mediation is court ordered, required by some prior contract/agreement, or occurs as a result of parties to a lawsuit agreeing to mediate, mediation is often an excellent opportunity to resolve a lawsuit. In his 19 years as trial lawyer, Jason McGrath has mediated many cases and in this video he explains how mediation works.

Click the link to view this video on YoutTube:
https://youtu.be/TiNYEiqgB4Y

 

If you are facing a lawsuit in North Carolina please fill out our confidential client intake form for legal assistance.

 

Hearing on Partition of Real Property and Result

Posted on by g83js92js91
Categories: attorney, Dispute, hearing Result, Jason A McGrath, lawsuit, northa carolina, Partitions of Property, Real Estate
Depositphotos 18697169 original

The following is a summary of a hearing on Partition of Real Property that McGrath & Spielberger assisted a client with, and is provided for informational purposes only. Each case, each client, each situation is different, and each matter may have a different outcome.

Basic Facts. The Petitioner is trying to force a sale of the real property at issue so she can receive a portion of the sale proceeds.

Basics of the Applicable Law. The default setting in North Carolina law is that an owner of real property (even a minority owner) has a right to force a partition of that property, whether a partition in kind (physical division) or partition by sale (sell the property and divide the proceeds).

The Challenge. To not have the case follow the default setting (a partition being ordered).

Owner 1. The Respondent (Brother) who owns 11/12 of the real property, lives on the property with his family, takes care of the property, pays the taxes, etc.

Owner 2. The Petitioner (Sister), who owns 1/12 of the real property, does not reside there, does not contribute to the care of the property.

Property Location. Charlotte, Mecklenburg County, North Carolina

Property Type. Primary residence

Who McGrath & Spielberger Attorney Jason McGrath Represents. Owner 2, the Respondent

Hearing Date. November, 2016

Actions Taken by McGrath & Spielberger on Behalf of Client in Relation to the Partition Hearing. Mr. McGrath filed Motions to Dismiss and Objections to the Petition for Partition and attended the hearing with the Client. The strategy to oppose the Petition for Partition was not revealed to the other side until necessary at the hearing itself.

Partition Hearing Outcome. Mr. McGrath successfully prevented an Order for Partition from being entered. The case remains pending, as do our Motions to Dismiss.

Save

Save

Arbitration Clause: One Arbitrator Or More?

Posted on by g83js92js91
Categories: arbitration, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Jason A McGrath, lawsuit, McGrath amp; Spielberger, North Carolina, video

Attorney Jason McGrath explains some things to consider when when considering the arbitration clause in a contract in this short video.

https://youtu.be/VaxZHXUP3PY

Here are some of the key points contained in the video:

    • How many arbitrators would you prefer?

 

    • Are you comfortable with the decision being in the hands of just one person? Keep in mind that trial level legal cases in the regular judicial system are handled by one judge.

 

    • Keep in mind that the more arbitrators involved, the more expensive arbitration will be.

 

  • Does the arbitration clause in the contract address how many arbitrators there are going to be?

The arbitration provision in a contract doesn’t have to address the issue of how many arbitrators. You can leave the option open if you prefer.  You want to be mindful of this when crafting your contract and the arbitration provision.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client form for possible legal assistance.

clause

Requests for Admissions In a Lawsuit

Posted on by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, lawsuit, Litigation, llc, NC Rules of Civil Procedure, North Carolina
Litigation Attorney Jason McGrath explains Requests for Admissions in a lawsuit under the rules of civil procedure in this short video.

https://youtu.be/f6iMEvfSr_A

If you are dealing with a lawsuit in North Carolina please fill out our confidential client intake form for legal assistance.