William Plyler | January 26, 2010
Robert McMillan, senior partner in 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. Other stories written by Robert McMillan will be posted periodically.
Robert McMillan
This story is a classic and is true. [...]
Category: Off-beat, Robert McMillan |
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Tags: attorney stories, ineffective assistance of counsel, post conviction writ, Robert McMillan, William Joslin
William Plyler | January 19, 2010
An oral brokerage contract between a real estate agent and his client, a developer who bought a tract of land, is enforceable in North Carolina even though a regulation adopted by the North Carolina Real Estate Commission requires that such a contract be in writing. Scheerer et al v. Fisher et al, (N.C. Court of [...]
Category: Court Opinions |
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Tags: express contract, implied contract, North Carolina Real Estate Commission, oral brokerage contract, quantum meruit, real estate brokerage contract, real estate commission
William Plyler | January 12, 2010
Robert McMillan, senior partner with McMillan Smith & Plyler, allowed me to publish his tribute to attorney H. Spencer Barrow. Mr. McMillan presented the tribute on 6/19/09 at a memorial service in Wake County Superior Court which honored Mr. Barrow and other Wake County attorneys who passed away in the preceeding year. The tribute is published in its entirety.
SPENCER BARROW [...]
Category: Robert McMillan |
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Tags: Carl Churchill, law-related anecdotes, Robert McMillan, Spencer Barrow, Wake County Bar Association memorial service
William Plyler | January 12, 2010
Robert McMillan, senior partner with McMillan Smith & Plyler, allowed me to publish his tribute to attorney H. Spencer Barrow. Mr. McMillan presented the tribute on 6/19/09 at a memorial service in Wake County Superior Court which honored Mr. Barrow and other Wake County attorneys who passed away in the preceeding year. The tribute is published in its entirety.
SPENCER BARROW [...]
Category: Robert McMillan |
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Tags: Carl Churchill, law-related anecdotes, Robert McMillan, Spencer Barrow, Wake County Bar Association memorial service
William Plyler | January 6, 2010
The North Carolina Court of Appeals held yesterday that a homeowners’ association cannot be compelled to arbitrate its claim against Georgia-Pacific Corporation for defective wood trim products used in the construction of townhomes. Harbour Point Homeowners’ Assciation, Inc. et al v. DJF Enterprises, Inc. et al (NC COA09-527, filed January 5, 2010), rejected Georgia-Pacific’s contention [...]
Category: Arbitration, Court Opinions |
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Tags: Arbitration, arbitration agreement, construed against drafter, mandatory arbitration, permissive arbitration