April 2015

Use Care When Drafting Forum Selection Clauses in North Carolina

 The North Carolina Court of Appeals in A&D Environmental Services, Inc. v. Miller, No. 14-CVS-6328 (N.C. Ct. App. April 7, 2015) held that forum selection clauses designating a specific venue in North Carolina will be considered valid and enforceable only if the North Carolina legislature specifically allows for it.   In A&D, the Court of Appeals affirmed the denial …

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DOJ and CPSC Team Up in Rare Civil Suit Against Michaels Stores

 On April 21 the Department of Justice (“DOJ”) and the Consumer Product Safety Commission (“CPSC”) filed a complaint in the District Court in the Northern District of Texas against Michaels Stores alleging Michaels failed to timely notify the CPSC of a possible defect in glass vases it imported and sold.  In particular the complaint asserts …

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