Non-Competition Clauses in North Carolina

Wondering whether the FTC’s proposed rule alters the non-compete agreement you or your business signed? The short answer is not yet, but you may still want to prepare for what is around the corner. On 5 January 2023, the Federal Trade Commission (“FTC”) proposed a rule to ban non-competition clauses from employment agreements. The proposed rule, published on 19 January, “would provide it is an unfair method of competition—and therefore a violation of Section 5 [of the FTC Act]—for an employer to enter into or attempt to enter into a non-compete clause with a worker; maintain with a worker a non-compete clause; or, under certain circumstances, represent to a worker that the worker is subject to a non-compete clause.”

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Asheville legal representation

How to Find the Right Legal Representation

If you find yourself in a situation where you need legal representation, you might find the process a bit overwhelming. We understand. The last thing you need is to add confusion to an already stressful situation. To help diffuse some of this tension, our team of Asheville lawyers has put together this short guide to help you find the right legal representation.

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Where There’s a Will, There’s a Way . . . but Not Where There’s Also a Contract

On 19 October 2022, Judge Mark A. Davis issued an order and opinion in PHE v. Dolinsky that addressed two novel questions for North Carolina courts that were “suitable for a law school exam.” Those novel questions considered: “(1) who is entitled to sue the executor of an estate on a claim for breach of fiduciary duty; and (2) the circumstances under which the economic loss rule bars such a claim.” The case arose out of a unique blend of obligations under contract and imposed by a last will and testament.

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North Carolina Supreme Court – DuPont Reorganization Gets Personal (Jurisdiction)

On 4 November 2022, the North Carolina Supreme Court upheld a Business Court decision in State ex rel. Stein v. E.I. DuPont de Nemours & Co. denying E.I. DuPont de Nemours and Company’s (“DuPont”) motion to dismiss under Rule 12(b)(2). The court reasoned that the Due Process Clause permits personal jurisdiction over out-of-state corporate successors based on the contacts of the in-state predecessor company. The court found two grounds by which the DuPont successors should be held liable for DuPont’s debts and liabilities.

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Byrd Song for a Ninety-Year Medical Malpractice Decision

A recent decision from the North Carolina Supreme Court, Connette v. Charlotte-Mecklenburg Hospital Authority revisits a nearly century-old holding. The panel majority opinion, drafted by Justice Morgan and joined by Justices Hudson and Earls overturned the long-standing Byrd v. Marion General Hospital. Byrd, and the cases that followed, established that nurses working under the supervision of a licensed physician do not owe patients a duty of care. Put simply, nurses working under a doctor were protected from medical malpractice claims.

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