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Category: Litigation

Arbitration: How Do You Choose The Arbitrator?

Posted on July 26, 2021May 2, 2022 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.

Click here to watch this video on YouTube.

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.

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Posted in arbitration, attorney, business contracts, business disputes, Business Law & Contracts, Business Law Disputes, contract law, contracts, Jason A McGrath, lawsuit, Litigation, small business

Decision On An Arbitration Provision In A Contract

Posted on January 22, 2020April 20, 2022 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.

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Posted in arbitration, business law, Business Law & Contracts, Business Law Disputes, Continuing Series, contract law, contracts, Jason A McGrath, lawsuit, Litigation, North Carolina, series, video

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

Posted on November 19, 2019April 20, 2022 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.

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Posted in arbitration, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Jason A McGrath, lawsuit, Litigation, North Carolina, video

Interrogatories – How They Generally Work

Posted on August 28, 2019April 20, 2022 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.

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Posted in attorney, business, business law, Business Law & Contracts, Business Law Disputes, interrogatories, Jason A McGrath, lawsuit, lawyer, Litigation, NC Rules of Civil Procedure, small business

Where Does an Arbitration Physically Take Place?

Posted on May 27, 2019April 20, 2022 by g83js92js91
Categories: arbitration, business, Business Law & Contracts, Business Law Disputes, Continuing Series, contract law, contracts, Jason A McGrath, lawyer, Litigation, llc, North Carolina, series, video

Attorney Jason McGrath shares some information about where you can expect an arbitration proceeding to physically take place in this short video and summarized in this blog post.

Understand the practical logistics of an arbitration that may arise from a dispute about your business contract.

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

Where will the arbitration physically take place? What city or county? An attorney’s office? The courthouse? City hall?

  • As far as city or county, arbitration often takes place where a related lawsuit would be (or is) taking place.
  • Some arbitration agreements will dictate what city or county the arbitration must occur in.
  • Arbitration can usually occur anywhere that the parties agree.
  • The arbitration hearing could take place at a private law office or the arbitrator’s office.
  • Arbitration doesn’t usually occur in the courthouse.

Occasionally a court will enter an order as to the logistical specifics of arbitration, such as the hearing location. You should get advice from a contract 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.

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Posted in arbitration, business, Business Law & Contracts, Business Law Disputes, Continuing Series, contract law, contracts, Jason A McGrath, lawyer, Litigation, llc, North Carolina, series, video

Mediation

Posted on July 20, 2018April 21, 2022 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.

 

Posted in Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, lawsuit, Litigation, mediation, North Carolina

Requests for Admissions In a Lawsuit

Posted on September 6, 2016May 2, 2022 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.

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Posted in attorney, Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, lawsuit, Litigation, llc, NC Rules of Civil Procedure, North Carolina

Requests for Production Under NC Rules of Civil Procedure

Posted on August 30, 2016May 2, 2022 by g83js92js91
Categories: Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, Litigation, McGrath amp; Spielberger, small business
In this video litigation attorney Jason McGrath explains Requests for Production of documents (and other items) under the North Carolina Rules of Civil Procedure.

https://youtu.be/GsyzuLaxDf0

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

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Posted in Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, Litigation, McGrath amp; Spielberger, small business

Legal ‘Claim and Delivery’ Actions in North Carolina

Posted on August 19, 2016April 26, 2022 by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, claim and delivery, Jason A McGrath, lawsuit, Litigation, McGrath amp; Spielberger, North Carolina, small business, UCC
Claim and Delivery, North Carolina, business, dispute, lawsuit

In this video attorney Jason McGrath explains ‘Claim and Delivery’ procedures for North Carolina under the rules of civil procedure.

https://youtu.be/wd84-SjQSbw

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

Posted in attorney, Business Law & Contracts, Business Law Disputes, claim and delivery, Jason A McGrath, lawsuit, Litigation, McGrath amp; Spielberger, North Carolina, small business, UCC

Summary Judgment

Posted on August 24, 2015April 25, 2022 by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, Litigation, McGrath amp; Spielberger, motions, North Carolina, small business, summary judgement
Motions for summary judgment can result in a case being immediately won or lost, and thus are incredibly important. Attorney Jason McGrath explains motions for summary judgment and summary judgments themselves based on his 19 years of experience as a trial attorney.

https://youtu.be/3sqK5FJes7o

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

Posted in attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, Litigation, McGrath amp; Spielberger, motions, North Carolina, small business, summary judgement

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