In honor of the upcoming Veterans Day holiday, this blog post will discuss the Servicemembers Civil Relief Act (the “SCRA”), which provides specific protections for those in active duty military service, as well as their dependents. The SCRA’s Specified Protections The SCRA was enacted in 2003 and recognizes that those in active duty military service may not be able to participate in certain civil affairs, and creates certain protections for those who qualify. Default judgment protection. In order to obtain a default judgment against a defendant who failed to make an appearance in the proceeding, the plaintiff must file an affidavit certifying whether or not the defendant…
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FRAUD CLAIMS AND THE RULE 9 HEIGHTENED PLEADING STANDARD
What is Fraud? Fraud is broadly defined as an intentional misrepresentation or concealment of material fact made with intention and calculation to deceive, causing the other party to be deceived and, as a result, harmed. Elements In North Carolina, a civil claim of fraud has five essential elements. A false representation or concealment of material fact; Reasonably calculated to deceive; Made with the intent to deceive; Which does in fact deceive; and Resulting in damages to the party deceived. Rule 9 North Carolina is generally a notice pleading jurisdiction – if a Defendant is “on notice” of the facts in a complaint, and the…
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The Legal Aftermath of Hurricane Harvey
In the wake of Hurricane Harvey, many Texas residents have entirely new problems on their hands: rebuilding. For many folks, legal services organizations, such as Lone Star Legal Aid and Texas Rio Grande Legal Aid, are going to be essential in assisting them to get their life back on track. These organizations have already begun assisting victims with what is likely to be a long road ahead. (Author note: as of the time of publication of this article, Hurricane Irma is barreling towards Florida and the Southeast, but has not yet made landfall in the contiguous United States. While this article focuses on the legal ramifications for Harvey victims, the victims of Irma…
