North Carolina Business Legal Questions

Generally speaking, the duty of fair representation does not mean that the union must take up every grievance tendered by an employee. The union may exercise reasonable discretion in determining what grievances to press and which to let go. This is so even if the grievance is "winnable" but the union determines for larger reasons not to take it up. DFR cases are extremely difficult to win and rarely succeed.... Read Answer

The statute of limitations, like every other defense, has limitations based on the conduct of the parties. You don't provide any factual information from which those limitations might be understood and discussed. Also, the terms and duration of the statute of limitations, including any ability to work around it, depend on the law governing the transaction, which you do not provide. These kinds of matters are only very rarely undertaken by an attorney on a contingent-fee basis, and you do not provide any facts from which an attorney could conclude that he would be making a wise choice by doing so. Finally, you do not explain the reason for your inaction during these years or that of your contracting counterparty. Courts are often concerned with these facts, since one of the purposes of the statute of limitations is to put to rest old claims. Perhaps it would be a good idea for you to visit a local attorney and bring your documents. That would permit an appraisal of your claims and the defenses available to them. This is not the proper forum for such a discussion.... Read Answer

Your bank's right to set off the balance of your defaulted loans against your deposit account is governed by a written agreement you signed when you opened your account. Before you sue them, you need to read the deposit agreement you signed. Although this seems unfair, and was apparently a surprise, it is not wrongful if permitted by the terms of the agreement.... Read Answer

It seems that you have some sort of agreement, but you do not provide all of the terms of the agreement. Or perhaps what you have summarized is some kind of informal understanding that you reached at the commencement of your relationship. In order to advise you regarding your rights under the circumstances, an attorney will need to review any writings you have exchanged regarding this subject in detail. It is not possible to advise you without review of the documents. You should, of course, consult with an attorney. As a practical matter, there may be little you can do about this situation, which I am sure you realize.... Read Answer

As a general matter, when you are a stockholder of a business and the stock is sold, you get your share of the sale proceeds of all of the stock. The profits of the business belong to the business, unless they are distributed to all stockholders prior to consummation of the sale; in other words, in the absence of a distribution of the interim profits, the profits belong to the buyer, not to the selling stockholders.... Read Answer

As a general matter, you do not need the consent of the subjects of photographs when you publish the photos for news or similar purposes. If the photos will be used for advertising, trade or commercial purposes, then you need consent. Although you do not mention it in your inquiry, obviously the photographer has copyright rights in each such photo, and he does not acquiesce those rights to you merely because the photo is posted on Facebook or elsewhere on the internet -- you need his permission, too, in each instance.... Read Answer

As a general matter, lawsuits for alienation of affection and other so-called "heart balm" causes of action have been eliminated, although they survive to a limited extent in North Carolina (if that is your residence). If your wife has been unfaithful to you, you can sue for her a divorce. In the course of the divorce proceedings, you can, if you are determined to do so, ascertain the extent of her misconduct during the marriage. No compensation is generally available for such misconduct. In any event, the statute of limitations on such a claim is likely to be three years.... Read Answer

The police -- if they are called -- are extremely unlikely to have much interest in such a matter once they realize that this is an ordinary commercial dispute between two parties with an existing landlord-tenant relationship. There's nothing for you to do unless and until something actually happens. In the future, you're on notice not to store your property in areas of the building that are not leased to you.... Read Answer

Oral agreements are enforceable, if they can be proven, with certain exceptions not relevant to this situation. The problem you might have is that you cannot afford to get into a dispute with this vendor, because your existing contract presumably doesn't run forever. You should review the situation with your attorney.... Read Answer