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John Bloss Scores Major Victory for Class Action Practice in North Carolina

by John F Bloss | Jun 8, 2020 | Blog, News

          Class actions can be an efficient and fair way to resolve, in one case, disputes that may affect a large number of people. By consolidating numerous individual claims with common issues into a single proceeding, the class-action device saves the resources of...

Business Court Dismisses LLC Member vs. Member Claims; Derivative Claim Against Managing Member Survives

by John F Bloss | Feb 6, 2014 | Blog, North Carolina Litigation News

By John Bloss, Member, Higgins Benjamin PLLC Trust your fellow LLC member at your peril, a new North Carolina Business Court opinion instructs.   Glenn Crossing, LLC, one of the defendants in Island Beyond, LLC v. Prime Capital Group, LLC, 2013 NCBC 51 (Oct. 30,...

New Opinion Involving Landlord’s Acceptance of Rent From Holdover Tenant Muddies Water

by John F Bloss | Dec 9, 2013 | News

By:  John Bloss, Member, Higgins Benjamin, PLLC A landlord who takes rent from a “holdover tenant”—a lessee who stays on the premises after the term of the lease—can run the risk of unwittingly creating a new lease term, generally presumed in North Carolina to be one...

Trade Secrets Misappropriation Claims Against Non-Employees Survive Motion to Dismiss

by John F Bloss | Nov 25, 2013 | Blog, Intellectual Property, North Carolina Litigation News, Trademark

By:  John Bloss, Member, Higgins Benjamin, PLLC The North Carolina Business Court continues to be a battleground for disputes involving alleged misappropriations of trade secrets.  These lawsuits typically target disloyal former employees, but in a recent opinion, the...

Lawsuit Challenging Mission Hospital’s Billing Practices for Uninsured Emergency Room Patients Allowed to Proceed

by John F Bloss | Aug 6, 2013 | Blog, North Carolina Litigation News

It may seem counterintuitive, but many non-profit hospitals around the country charge their uninsured patients substantially more–often several times as much–for emergency room services as compared to amounts paid by all other categories of patients,...

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