William Plyler | August 1, 2010
(Robert McMillan, senior partner with McMillan Smith & Plyler, has practiced law in Raleigh, N.C. for over 50 years. He graciously has allowed me to publish some of his favorite law stories, one of which appears below.)
This anecdote involves the story told about the time that N.F. Ransdell, uncle of Buck and Phillip Ransdell, and [...]
Category: Attorney Fees, Judges, Law Firms, Robert McMillan |
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Tags: fee sharing, Judge R.N. Ransdell, Robert McMillan, Sidney Greenstreet
William Plyler | November 13, 2009
The instructor who taught my bar examination review course in 1982 announced that the multiple choice answer “violates due process” would never be a correct answer on the exam. He correctly forecast that “violates due process” would be one of the proffered answers to many of the questions, but he strongly urged us to always [...]
Category: Attorney Fees, Health Care Reform, Negligence, Tort Reform |
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Tags: "the last refuge of the dolt", a buried tort bomob, Attorney Fees, contingency fees, damage caps, medical malpractice reform, Tort Reform
William Plyler | September 28, 2009
The Raleigh News and Observer’s September 27, 2009 front page article entitled “Lawsuits and Health Costs, Debate Swirls on the Effects of Malpractice Awards” demonstrates that the issue of medical malpractice reform is not going away. (See September 6 post on this issue.) The most striking feature of Sarah Avery’s article is its balanced approach. [...]
Category: Attorney Fees, Health Care Reform, Negligence, Tort Reform |
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Tags: Attorney Fees, damage caps, frivolous lawsuits, medical malpractice reform, Tort Reform
William Plyler | September 6, 2009
Bill Bradley’s op-ed piece in last week’s New York Times may prove to be the turning point in the health care reform debate. Bradley envisions a grand political tradeoff between Republicans and Democrats. Republicans would agree to universal health insurance coverage in exchange for substantial tort reform, specifically, medical malpractice reform.
Bradley, the All-American basketball player [...]
Category: Attorney Fees, Health Care Reform, Tort Reform |
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Tags: Add new tag, Bill Bradley, healthcare reform, jury trial, medical malpractice reform, Tort Reform
William Plyler | September 6, 2009
Bill Bradley’s op-ed piece in last week’s New York Times may prove to be the turning point in the health care reform debate. Bradley envisions a grand political tradeoff between Republicans and Democrats. Republicans would agree to universal health insurance coverage in exchange for substantial tort reform, specifically, medical malpractice reform.
Bradley, the All-American basketball player [...]
Category: Attorney Fees, Health Care Reform, Tort Reform |
No Comments »
Tags: Add new tag, Bill Bradley, healthcare reform, jury trial, medical malpractice reform, Tort Reform
William Plyler | August 13, 2009
A prevailing party may not recover attorneys’ fees from a losing party in North Carolina unless a statute specifically authorizes recovery of attorneys’ fees or unless an applicable common law doctrine authorizes recovery. Hoke County Board of Education, et al. & Ashville City Board of Education, et al., v. State of North Carolina; State Board [...]
Category: Attorney Fees, Court Opinions |
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Tags: common fund doctrine, education law