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Court Watch
North Carolina Court Upholds Arbitration Award That Includes Punitive Damages
This case offers a good lesson in drafting damage limitation clauses and confirms the power of arbitrators to award the equivalent of punitive damages where the agreement does not clearly prohibit it. WMC, Inc. v. Weaver, 2005 Bus. Franchise Guide, CCH ' 13,087 (N.C. Ct. of App., Oct. 5, 2004); 166 N.C. App. 352, 602 S.E.2d 706. The cellular phone carrier WMC attempted to limit the damages that could be awarded in an arbitration with its dealer (Weaver) to actual damages. The arbitration provision at issue stated: “The arbitrator shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, nor shall any party seek punitive damages relating to any matter arising out of this contract in any other forum.”
The dealer had filed suit under, inter alia, North Carolina's little FTC Act, found in N.C. Gen. Stat. '75-1.1 (2003), which provided for treble damages for unfair trade practices. The carrier moved to compel arbitration, believing that it would be able to limit the dealer's damages; and it was successful in getting arbitration, but unsuccessful in limiting damages. The arbitration panel awarded close to $3 million in damages, after trebling the actual damages of the plaintiff. The trial court modified the award by taking away the treble damages, and the dealer appealed.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.