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NC Policy Watch Comments on Recent Pro-Business Supreme Court Decision

NC Policy Watch recently published an article highly critical of the North Carolina Supreme Court’s August 30, 2013 decision in Bumpers v. Community Bank of Northern Virginia. In Bumpers, the North Carolina Supreme Court reversed a summary judgment ruling in favor of a victim of predatory lending practices. In the Bumpers case, an individual had prevailed at summary judgment after presenting evidence that he was charged a pricy loan discount fee in connection with a mortgage loan yet received no corresponding reduction in his interest rate. The North Carolina Court of Appeals affirmed the trial court ruling in favor of the borrower. However, the North Carolina Supreme Court took the unusual step of granting the bank’s petition for discretionary review and heard the bank’s appeal. The North Carolina Supreme Court then reversed the Court of Appeals and trial court rulings in favor of the borrower. In doing so, the Supreme Court radically changed North Carolina unfair trade practice law so as to inject a reliance element into a claim under the Act. The effect of that ruling is to make a claim under North Carolina’s Unfair Trade Practices Act tantamount to a fraud claim, something much more difficult to prove and nearly impossible to bring on a class action basis. The NC Policy Watch article discusses the North Carolina Supreme Court’s opinion in Bumpers and its negative effect on North Carolina consumers.

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  • "I just wanted you to know how much my family and I appreciate the work that you (Mike Riley) and everyone at Martin & Jones have done for us over the years. The initial settlements helped Mom and Dad live comfortably during his illness and afforded him the care that he needed. Since his passing nine years ago, your continued efforts on our behalf have been nothing short of a blessing. Mom, who will be 92 in September, has many medical issues but is still very sharp mentally, and enjoys being able to live at home. I just want you and everyone at Martin & Jones to know how grateful we are."

    Fred G., whose father had mesothelioma
  • "Thank you for everything that you have done for us. We are fortunate to know you. We appreciate all of the hard work, long hours and care that was shown to us before and during the trial. Without your help and representing us, we would not be as blessed as we are now. All of you are very special to us. We know that you have the best and attorneys and staff there is."

    Hazel P.
  • "Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best."

    Mary C
  • "Forest, once again, my family and I thank you for obtaining another settlement on behalf of my Father. It's almost uncanny that these checks seem to come at very opportune times. This one comes as we are expecting our fourth grandchild. It will provide her some sound footing towards her future college education, plus help Mom and Dad with the medical expenses. Sometimes, I think my Dad is helping you guys with this. Maybe so. Anyway, thank you again for your hard work."

    Mike G.
  • "I appreciate all you're doing and trying to do for me. I don't think I've ever talked to a nicer attorney than Mike, and his assistant (certified paralegal Marjorie Kartanson). You're real nice people. It really makes you feel better, even with all the problems I have."

    Larry A.
  • "Thank you for the work you have done for Carl and our family. We so much appreciate your sincere professionalism and kindness you showed us. I know Carl is smiling right now and the Lord has blessed us through you. May God bless you."

    Connie M. whose husband Carl worked as a brakeman for CSX Transportation and died of mesothelioma
  • "Thank you for always making me feel welcome and at ease in your office. I respect the work you do and your enthusiasm for it and am grateful for your talents."

    Tracy M.
  • "I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven's pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike's care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks."

    Dan I.
  • "We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did."

    Linda.

"Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best."

Mary C
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