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Preview: North Carolina Trial Law Blog

North Carolina Trial Law Blog

North Carolina Trial Lawyer based out of Raleigh, Chris Nichols, discusses trials, liens, technology and changes to the law.

Updated: 2018-03-14T13:30:31-04:00


Is Driving Drowsy an Occupational Hazard for Truck Drivers?


Below is a guest blog by Ben DiMaggio, a sleep researcher. My law firm deals with a lot of "drowsy driving" cases where truckers and regular drivers work too long and drive too late- often with deadly consequences. So when...

Medicaid: "Ahlborn hearings" are back thanks to the 2018 federal budget which makes Medicaid provide lien reduction hearings again. But watch the deadlines!


If you settled a case (by minor settlement, signed release, or Industrial Commission approval) in which Medicaid claimed a lien, between October 1, 2017 and February 9, 2018, you have 30 days from February 9 to file a motion in Superior or District court to seek a reduction of the lien under NCGS 108A-57.  30 days runs on the weekend of March 10-11, so calendar that for Friday March 9, 2018 (unless you want to play chicken with the weekend rule).  Example:  You settled a claim on October 15, 2017 that had a Medicaid lien that exceeded 1/3 of the settlement. You paid Medicaid 1/3 of their lien (or held the money) because there was no longer a statutory mechanism to reduce the lien.  You now have until March 9, 2018 to file a motion to reduce Medicaid's lien.

Easy link to all Trial Court Administrator and Coordinator emails in North Carolina


The NC AOC (Administrative Office of the Courts) website is often hard to navigate and because it is open to the general public, can be sparse on the email links. This can make scheduling trials and motions difficult. Here is...


Fabulous post describing how to get fees when ERISA plan administrators do not comply with requests for the plan documents. Seems like at least 50% of the time I request plan documents I get a one page copy of the...


Lawyer Chris Nichols, of Raleigh, NC, elected President of the North Carolina Advocates for Justice.

Case Set for Middle School Mock Trial Competition 2014-15


Please find below the "problem set" for the NCBA Middle School Mock Trial Competition. You will also find the 2014 rules of the competition. Download Case_NCMSMT_2014_FINAL Download 2014TournamentRules Chris Nichols

Ligon Middle School Mock Trial Form


Responsible Adults of Ligon Middle School Mock Trial students can fill out the information form here: Download Ligon Mock Trial Data Form Click SEND on the top of the form or attach to an email to me. Chris Nichols

Is there a statute of limitations on ERISA subrogation claims?


I am often asked the question, "Is there a statute of limitations on ERISA subrogation claims." Most often, this question arises when a claim is settled and the lawyer had no knowledge of any ERISA subrigation rights and months or...

Highlights of the new Medicaid Subrogation lien statute after Wos v EMA Supreme Court Case


I'm a little late posting this new statute on my blog because I was so involved in getting the new Medicaid subrogation statute trimmed down and written in a way that it would be workable for trial lawyers. These changes were the result of the US Supreme Court Ruling in Wos v EMA issued March 20, 2013.

Live Bloging J1 committee on Pharmaceutical Liability immunity.


Each side gets 45 minutes today. The hearing is available live steam through the NCLeg website. Bill Patterson from the research division notes that written responses have been received regarding questions from the committee. Also available on the J1 subcommittee...