The World Heath Organization recently classified the coronoavirus outbreak as a global pandemic, and everyone should consider steps to protect themselves from the virus. But what if you’ve already been exposed? Two passengers aboard the quarantined Grand Princess cruise ship filed a federal lawsuit in California, alleging Princess Cruise Lines, Ltd. (“Princess”) caused them emotional distress by exposing them to the virus. A claim of negligent infliction of emotional distress (“NIED”) will likely be among the causes of action included in the lawsuit. What is NEID, and how does a plaintiff establish a prima facie case? The Elements In North Carolina, to allege NIED, the plaintiff must establish…
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WRONGFUL DEATH ACTIONS
Adam Patrick Browne’s life tragically ended on October 8, 2018. He was run over by a car driven by his former fiancée, Victoria Keaveny, after she consumed alcohol at a restaurant in Gastonia, North Carolina. Pursuant to a settlement filed under seal in Gaston County Superior Court, that restaurant will pay wrongful death proceeds to Browne’s estate for its role in the tragic incident, namely serving alcohol to Keaveny, who at the time was 19 years old. Although nothing could ever fully repair the harm of losing a loved one, wrongful death claims offer a potential civil remedy when the death is caused by the wrongful conduct of another party.…
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Don’t Let Legal Liability Cast a Shadow on Viewing the Solar Eclipse
You’ve probably heard by now about the total solar eclipse that will pass over the United States on Monday, August 21st, 2017. The path of totality is approximately 70 miles wide and stretches from Oregon to South Carolina, touching fourteen different states. A partial eclipse will be visible in every U.S. state. To see how the eclipse will look in your area, click here. With millions of American expected to travel to the path of totality, it is one of the most highly anticipated solar events in recent memory. What you might not have considered, however, are the legal implications of the solar eclipse. Don’t be an interloper. If…
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Twelve Causes of Action That May Accompany a Breach of Fiduciary Duty Claim
Several causes of action may be pled in conjunction with a claim for breach of fiduciary duty, depending on the facts and circumstances surrounding the case. Attorneys should consider the following claims when filing a breach of fiduciary duty cause of action and determine which, if any, also apply to their clients: 1. Constructive Fraud Constructive Fraud occurs when a person or entity gains an unfair advantage over another through unjust means, usually by lying or omitting important details. Constructive fraud differs from actual fraud because the elements of constructive fraud do require intent, or actual…
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Six Basic Questions and Answers about Executors
If you have a will or have ever dealt with estate administration, you are probably familiar with the term “executor.” However, most people don’t know what an executor is or what the executor’s role is. Additionally, what do you do if you suspect an executor is behaving fraudulently or contrary to the deceased person’s wishes? What is an executor? An executor is a person or institution appointed to carry out the terms of a person’s will. They are appointed by the person who wrote the will, the testator, to conclude the business and financial arrangements the testator had…
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The Legal Considerations of Using Drones in Construction Zones
The use of drones is no longer science fiction or limited to combat zones; commercial drones are the way of the future. Drones are used in a host of industries: aerial photography, real estate, agriculture, construction, search and rescue, emergency management, and mining. Even package delivery via drone may soon be a part of our everyday lives. In May of 2014, the Federal Aviation Administration (FAA) began approving petitions for commercial drone usage and those slated for construction purposes comprised roughly 13% of the first 1000 approvals.[1] These drones are not actually building structures or moving materials (yet). Instead,…
