December 29, 2016

If you’ve followed along with our blog postings, then you know that a complaint is the first major document a party files in court, and it sets forth why the plaintiff is entitled to relief.  But what happens when the complaint is inadequate and fails to set forth a right of recovery?  That’s when the complaint is subject to a motion to dismiss.

A motion to dismiss is a request by the defendant who is sued to eliminate some or all of the plaintiff’s claims before the lawsuit really gets off the ground.  In North Carolina, the moving party must show that the facts of the complaint--if taken as true--fail to establish a right to recover.  This typically happens in one of two different ways.

First, a claim may be subject to dismis...

December 26, 2016

When you hire a lawyer to represent you in a lawsuit, you are hiring a skilled and trained professional--one who knows the problems and pitfalls you’re likely to face in court.  Of all these major pitfalls, few are more dreaded, more serious, or more easily walked into than the pitfall known as the deadline.

Lawsuits are driven by deadlines.  Almost any document that gets filed and/or served in a lawsuit may have any number of attendant deadlines attached to it.  In North Carolina, if you file a complaint, you have only five days to issue a summons, followed by sixty days to actually serve the complaint on the opposing party.  That party gets thirty days to then file an answer to the complaint.  After that, there are thirty day deadlines att...

December 17, 2016

When initially assessing a lawsuit, one major factor to consider is getting your suit filed in the right court.  Having an understanding of how the various courts will impact your case can be a big difference in winning or losing your lawsuit, and can have a whole host of ramifications.

First, you will want to determine whether to have your lawsuit take place in state court or federal court.  This is important because these courts apply different procedural rules to your case, and can have different standards that apply to different types of motions.  For example, in federal court, the standard on a motion to dismiss is much lower for the party that wants to dismiss the other’s case than the standard is in North Carolina state court.  F...

December 10, 2016

A civil lawsuit hasn’t officially begun until the plaintiff in that case files and serves an initial, master document, which is known as the Complaint.  A complaint lays down the foundation for a lawsuit, and it contains the key factual allegations while proposing the legal theories upon which the plaintiff believes it is entitled to relief.

Crafting your complaint well is absolutely critical to your lawsuit.  Defense lawyers will analyze your complaint in order to determine if it is susceptible to a motion to dismiss--an argument to the Court that you don’t have an actual claim based on the facts in your complaint, and thus your whole case should be thrown out!

So, how do you draft your complaint to withstand such a motion?  For each cl...

December 6, 2016

The main reason we advise clients to consult with a competent construction lawyer before undertaking a large-scale build is that there are just so many opportunities for things to go awry.

Chief among these is the construction defect, and the reason for this is that large-scale projects are enormously complex, and it only takes one worker using incorrect installation techniques to create a defect that can impact the final product.

When defects in construction are finally uncovered, there really is no telling how far down the rabbit hole they will run.  Furthermore, because construction is so complicated, and because it often involves so many different, independent trades, figuring out who is responsible for a given defect can be very difficul...

December 3, 2016

Pursuing a civil lawsuit can be a massive undertaking, with a vast array of moving parts, from obscure legal theories, to minute yet critical factual distinctions, all of which must be weighed against the motivations of the parties, the damages at stake, and the prospects for settlement.  Throughout this daunting process, you and your attorney form a team, and it is absolutely essential that the two of you work together in lock-step to reach the best possible outcome.

Civil litigation is an information war, and you are your attorney’s key to the facts of your lawsuit. To ensure the best result, you must keep your attorney advised of every fact that you believe is relevant to your lawsuit.  For example, if you’re dealing with a large-scale co...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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