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You'd Better Have A Real Expert If You Are Making A Malpractice Claim In The North Carolina Business Court

The Business Court dismissed a legal malpractice claim right before Thanksgiving last week in Inland American Winston Hotels , Inc. v. Winston , 2010 NCBC 19 . Judge Tennille found Plaintiff's expert, a Duke Law School professor, to be incompetent to testify to the Defendant lawyer's alleged...

North Carolina Business Court Excludes Testimony Of Financial Expert On Lost Profit Damages

The case of Blythe v. Bell is like the gift that keeps on giving. It generated two significant opinions last year, and this week a third and a fourth. The July 2012 opinion was a major e-discovery decision, and the December 2012 opinion addressed an important issue about the assignment of LLC interests...

Don't Rely on Your Expert's Speculation to Save You From Summary Judgment

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker . He rejected the evidentiary value of an expert's report stating that Plaintiff's damages were $33 million, saying that it was insufficient...