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What is commercial litigation? | North Carolina Commercial Litigation Lawyer

Posted by on Apr 11, 2014 in blog | 0 comments

Commercial litigation is a dispute between two businesses. This term is very broad and can encompass many cases. These disputes can be over franchise infringement, fraud, area and territory, company formation issues, and more.

If your company is in a dispute with another, call the Whited DelForge & Henkle, PLLC at 336-228-1433 for a free consultation.


Transcription

Keith Whited: Commercial just means business, and so as varied as businesses anywhere, that’s what the word commercial means, so if two businesses are in a dispute, it’s not like two consumers being in a dispute or someone who bought a product. It’s really a dispute between two business is what’s generally meant by a lawyer as commercial litigation. There is some court action that’s involving two separate businesses. Contract, generally … This generally has to do with some contract, either the failure to comply with a contract or the non-payment of a contract, so that’s generally what’s meant by commercial litigation.

It can include issues of fraud between two companies. Generally those issues of fraud have to do with consumers because they’ve been taken advantage of. Generally companies are on an even footing, and they get legal advice, and so it’s really hard for them to be a victim of fraud, though it can happen, particularly if you have a mom-and-pop company that has been taken advantage of by a larger company. That certainly can happen.

There are franchise issues. Small companies who are franchisees of larger companies have disputes about their franchise, either the loss of it or the expansion of it. There are disputes between two different franchisees about area and territory.

Commercial litigation is very broad. It can even have formation issues—whether the business itself was formed correctly and whether there was inappropriateness in its formation—and I’ve litigated all these cases.

Whited DelForge & Henkle, PLLC’s Community Involvement

Posted by on Apr 6, 2014 in blog | 2 comments

The attorneys at Whited DelForge & Henkle, PLLC strive to better their community in North Carolina. Through their involvement, they gain invaluable insight into the community as well as potentially meeting people who can aid in your personal injury case.


Transcription

Dawson Rouse: This firm’s involvement in the local government and, to a certain degree, just in the community. I serve on the Board of Directors for Meals on Wheels, and Keith is involved heavily. He’s on the Board of Elections. Different things like that provide us with insight not only into the community—that you may not otherwise get—but also into your case. A lot of times, people in this law office that work here inevitably will know somebody that’s involved with your case, and sometimes that can be beneficial.

Who can contest a will in North Carolina? | North Carolina Estate Litigation Attorney

Posted by on Apr 2, 2014 in blog | 0 comments

Any interested parties can contest a will. Interested parties are the individuals or groups who seek to benefit from the will. Examples include family members, spouses, and close friends.

If you are seeking to contest a will, make sure not too much time has passed and contact the attorneys at Whited DelForge & Henkle, PLLC.


Transcription

Keith Whited: Any interested party can contest a will. For instance, if the person has passed away, and there was an older will that left something to a stranger to the family will—”To my best friend, Joe, I leave my gold coin collection,”—but then later the person changes the will and leaves “everything to my children,” Joe would be an interested party, because if the second will is invalid because he didn’t have competence, then it would go back to the first will, where he would be the recipient of the gold coin collection. It makes Joe an interested party, even though he’s not a family member. Generally family members are interested parties, but you can also have non-family members that are interested parties.

What is the time limit to contest a will in North Carolina? | North Carolina Estate Litigation Attorney

Posted by on Mar 27, 2014 in blog | 1 comment

In North Carolina, the statute of limitations to contest a will is two years from the date of the deceased’s passing. If you take action to contest the will after those two years have passed, the case will be dismissed.

To find out who is eligible to contest a will, click here.


Transcription

Keith Whited: There is a two-year statute of limitations for some accidents to take place. Not after it’s filed, but the date of death. The word “statute of limitations” means that unless you take some action within a particular period of time, then you lose your right to take the action. There’s a two-year period of time in North Carolina from the date the person passes away to take some action to contest his or her will, and if you don’t, you lose your right to do it. Later action will be dismissed by the court, not because it’s invalid, not because it doesn’t have merit, but just because the timing.

Telling the client’s story| North Carolina Law Firm

Posted by on Mar 24, 2014 in blog | 0 comments

At Whited DelForge & Henkle, PLLC, the attorneys strive to tell the story of each and every client. By effectively explaining the client’s story to a jury, the client can receive the results they deserve.

What criteria should I look for when hiring a lawyer? | North Carolina Law Firm

Posted by on Mar 20, 2014 in blog | 3 comments

When looking for a lawyer to take on your personal injury case, the most important criteria is the lawyer’s track record. You want a lawyer who has experience taking a case in front of a jury and winning. You want a lawyer who can deliver results.

While many lawyers seek to simply settle outside of court, the attorneys at Whited DelForge & Henkle, PLLC have an excellent track record in front of juries. This results in larger settlements for their clients.


Transcription

Keith Whited: You want a lawyer that has actually tried a case to a jury before. You want to know what the lawyer’s result has been in the courtroom because at the end of the day, even if you have a good case—good, factual case—you need to know that your lawyer can deliver the case and get a result.

There are many personal injury lawyers that just settle cases. Case in the front door, case out the back door. And they’re just a paper mill.

We like to believe at the Whited DelForge & Henkle, PLLC that we can deliver the goods at the end of the case, not just a good settlement. So you need to know that your lawyer has the ability to convince a jury to do what’s right because your lawyer’s ability to try the case will affect the size of the offer and the size of the settlement in almost every instance.

Because insurance companies are the most statistically advanced organizations in the world. They know every lawyer that tries cases. They know the lawyers that settle cases. They know the results of lawyers.

Lawyers operate by paper and they have a statistical database that tells them everything, not just about who you the claimant are, whether you’re an average white male or average black female in this kind of job. They have big statistical databases that tell them everything about these cases and about the lawyer making the claim: whether that lawyer can try a case, whether all the cases he’s won before a jury. They know ahead of time whether they are at risk from a particular lawyer or that particular law firm.

We have a good track record here at Alamance and at the Whited DelForge & Henkle, PLLC in Alamance County and around with our recoveries. We get larger settlement offers because of it.

Working with Clients on Their Cases | North Carolina Law Firm

Posted by on Mar 17, 2014 in blog | 1 comment

At the Whited DelForge & Henkle, PLLC, attorneys work closely with the client and offer counselling regarding each case. Ultimately, the client has the opportunity to approve any and all decisions.


Transcription

Dawson Rouse: Here at the Whited DelForge & Henkle, PLLC, we will always speak with you in advance about the decisions that we feel should be made in your case. You will always make those decisions with our counseling. That way, you can also understand better where your funds are going and how we’re sincerely spending them in your case. If you don’t approve on something that we want to do or you feel like it could be better met in another way, we will consider that and work with you to the best of our ability.

TYPES OF BACK INJURIES CAUSED BY CAR ACCIDENTS

Posted by on Feb 1, 2013 in blog | 23 comments

Guest Blogger Dr Boris Nektalov is a New York City Chiropractor that helps patients involved in Car Accidents that caused back injuries.

Automobile accidents occur every day. Unfortunately, back injuries are among the most common injuries suffered as a result of automobile accidents. Even a minor accident can cause back injuries, in part because the human body simply isn’t designed to absorb the lightest impact of a car accident. 

TYPES OF BACK INJURIES CAUSED BY CAR ACCIDENTS


While the tremendous forces that are created during a car accident are enough to treat apart the soft tissues in the back and shatter bones, whiplash is also responsible for more than one million car accident back injuries can lead to long term pain and disability in those affected.
Disc injuries: The spine is a column of small bones called vertebrae which are separated into three sections – cervical, thoracic, and the lumbar. In between the vertebra is small cushions of cartilage known as intervertebral disks. It is these disks which can be injured in a car accident. Most common diagnosis following the car accident is herniated disk, which occurs with disc material ruptures to the point that the gel within the disk (the nucleus pulposus) pushes outward. This can also cause pain and numbness due to the irritation of the nerves.
Thoracic and Lumbar spine injuries and spinal cord injuries: The most common fractures of the spine occur in the thoracic (midback) and lumbar spine (lower back). These fractures are typically caused by high-velocity accidents, such as a car crash or fall from height. Fractured or non-fractured spine can cause spinal cord injury after car accident, due excessive spinal pressure (compression), spinal bruising (contusion), lacerations, and a simple inflammation can cause spinal cord pressure. Most common symptoms are pain, numbness/loss of sensation, loss of muscle control.

 

Huge Drug Bust in Colorado

Posted by on Feb 13, 2012 in blog | 9 comments

In the biggest drug bust in Colorado history, 80 people have been arrested with another 17 still on the run. In the bust, federal authorities confiscated over $415,000 in cash, over 26,000 grams of cocaine, a pound of methamphetamine, 1,000 grams of crack, 11 weapons including a SKS and AR-15 assault rifles.

Forty different law enforcement agencies with over 500 state and federal officers, made the arrests in various cities along the Front Range of Colorado. Around a third of the accused are to be prosecuted in the 17th Judicial District of Colorado and if convicted, will face anywhere from 10 years to life in jail.

With a drug bust of this size, those accused will be looking at charges that will have an impact on the rest of their lives. As North Carolina Criminal Defense Attorneys, we see cases similar to these and know it will be in their best interest that they seek the counsel of a knowledgeable Denver Federal Drug Crimes Attorney.

*First seen on Stanley Marks Colorado Federal Criminal Defense Attorney blog.

How long do I have to sue for negligence in North Carolina? | North Carolina Car Accident Attorney

Posted by on Jan 16, 2012 in blog | 5 comments


“In North Carolina, legislation has deemed that you have three years from the cause of action or the date of the accident in order to bring a claim into the state for negligence, which is what is underlying most automobile accidents