North Carolina Lawyers Weekly articles from April 2003

North Carolina Lawyers Weekly archives from April 2003

N.C. Lawyers in the news: April 7, 2003.(Murray, Tindal, Wang & Glidewell)
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Third-generation Reidsville lawyer Powell "P.W." Glidewell has been named partner in the firm now named Murray, Tindal, Wang & Glidewell. He is a fellow in the North Carolina Institute for...

N.C. Supreme Court rules trucker's drug use not a bar to comp benefits.
April 7, 2003... Byline: Michael Dayton A trucker's family can collect workers' compensation death benefits, in the wake of a March 28 Supreme Court ruling, even though a doctor said the trucker's driving was impaired by drugs and his rig was seen weaving...

U.S. Court of Appeals 4th Circuit Case Summaries: April 7, 2003.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Trusts & Estates - Commercial - Car Lease - Bailment - Damages Where the creditor leased a car to the debtor, the car was damaged through no fault of the debtor, and the debtor...

U.S. District Court Middle District Case Summaries: April 7, 2003.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Environmental - Highway Project - Civil Practice - Preliminary Injunction - Insufficient Showing Where it appears that the defendants performed all the analysis required...

N.C Supreme Court Rules Temporary Comp Could Continue After Maximum Improvement.
April 7, 2003... Byline: Michael Dayton An injured employee could collect temporary total workers' compensation benefits even after reaching maximum medical improvement, the Supreme Court has ruled. The court affirmed per curiam the case of Knight v....

N.C. Court of Appeals Case Summaries: April 7, 2003.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Guardian ad Litem - Quasi- Judicial Immunity - First Impression - Prosecution Bond - Sovereign & Public Official Immunity - Appeals Where a guardian ad litem must be able...

U.S. Bankruptcy Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Proof of Claim - Objection - Burden of Proof - Prima Facie Case - Rebuttal - Mortgage Payments Even though the creditor's proof of claim constituted prima facie evidence of...

'Tort Reform' In N.C. Need Is A Myth, Says Former NCATL President.
April 7, 2003... Byline: Ertel Berry The current drive for medical malpractice reform in North Carolina is fueled by claims from insurers and doctors that don't gibe with the facts, according to a former president of the North Carolina Academy of Trial...

Crisis Could Affect Patient Access In N.C., Says Medical Mutual Counsel.
April 7, 2003... Byline: Ertel Berry The failure to enact limits on medical malpractice awards could limit patients' access to health care, according to the state's largest malpractice carrier. Rising malpractice premiums could drive doctors to other...

N.C. Lawyers Weekly Online Forum Marks First Year.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Lawyers Weekly's online forum celebrated its one-year anniversary last week, and with a growing number of lawyer-subscribers, the Forum is the outlet for North Carolina attorneys to refer cases,...

Survey Shows Mortgage Delinquencies Down In Last Quarter Of 2002.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff The following release is from the Mortgage Banker's Association The 4th quarter 2002 National Delinquency Survey (NDS) released by the Mortgage Bankers Association of America (MBA) shows that...

Alfred Decatur Ward, attorney of New Bern, dies at 78.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Alfred Decatur Ward, attorney of New Bern, died Mar. 27 at age 78. Born and raised in New Bern, he attended the University of North Carolina until the outbreak of World War II, when he...

N.C. Supreme Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Licenses & Permits - Labor & Employment - Physical Therapist - License Suspension - Sex with Patient - Appeals - Reversed Where, in his dissenting opinion, Judge Greene...

Distinguishing Non-economic From Money Damages In N.C.
April 14, 2003... Byline: Ertel Berry The debate over capping medical malpractice awards raises a basic question: what exactly is a "non-economic" damage award and which cases would be affected? A bill now before the state House, HB 809, defines...

Rise In Medmal Recoveries Tracks Health Care Costs In N.C., Survey Says Upward Trend In Recent Years.
April 14, 2003... Byline: Ertel Berry The size of medmal verdicts and settlements in North Carolina has risen over the last decade, but the overall increase is only slightly more than the inflation rate for health care in general, a Lawyers Weekly study has...

NC Court of Appeals Unpublished Case Summaries: April 14, 2003.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Continuance Motion - Denial - Illness - Physician's Letter - Too Vague Where the letter from the defendant's physician failed to include a medical diagnosis and failed to...

U.S. Court of Appeals 4th Circuit Case Summaries: April 14, 2003.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Constitutional - Md. Liquor Pricing Regulations Where a large liquor retailer in Maryland is suing the state comptroller, complaining that certain Maryland regulations...

U.S. District Court Eastern Case Summaries: April 14, 2003.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Voluntary Dismissal - Without Prejudice - Contribution - Contract - EIFS - Manufacturer & Contractor Even though the homeowners had rested their state court case against...

N.C. State Supreme Court Amends Judicial Code.
April 14, 2003... Byline: Michael Dayton Judicial candidates can now speak their minds more freely and personally solicit campaign money. On April 2, the Supreme Court released an update to the Code of Judicial Conduct, which sets out ethical guidelines...

U.S. District Court Western District Case Summaries: April 14, 2003.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Jurisdiction - Abstention - Younger & Feldman Doctrines - Domestic Relations - Child Custody - Gag Order Where the plaintiff seeks relief from a state court's...

Microsoft Ramps Up.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Want to be able to easily connect to your desktop programs, no matter where you are or how far away from the law office? The folks at Microsoft are working to make that possible. After...

Excerpt from Waters Report.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Case name and number: Estate of John Waters, Swannie Taylor Waters, Administratrix v. Wayne Thomas Jarman (99 CvS 1181) Brief statement of claim: This wrongful death case arises out of claims...

Verdicts & Settlements April 14, 2003: Failure To Diagnose Lung Cancer.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Excerpt from the Sessoms Report: Carl B. Sessoms was 71 years old when he had a heart attack in February 1997. The defendant, Dr. Raymond A. Gaskins Jr. was his treating physician. Mr....

Changes By N.C. Supreme Court To Canon 7: Permissible Political Conduct.
April 14, 2003... Byline: Michael Dayton The state Supreme Court has made significant changes to Canon 7 of the Judicial Code. Those changes affect what judicial candidates can say or do during their campaigns. Amended Canon 7 appears on page 3. The...

Competing Numbers Muddy Debate On Medmal Caps.
April 14, 2003... Byline: Ertel Berry Although passions run high in the debate over caps on medical malpractice awards, the plaintiffs' bar, physicians' groups and malpractice carriers all say their claims are based on cold, hard numbers. Opponents and...

U.S. District Court Middle Case Summaries: April 14, 2003.
April 14, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Service of Process - Police Officer - Department Attorney - Insufficient - Extension - Good Cause Even though the duty officer told the process server that he could serve...

N.C. Lawyers in the news: April 28, 2003.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff J. Lee Lloyd, special counsel with the Greensboro firm of Brooks, Pierce, McLendon, Humphrey & Leonard, has been elected to the board of directors of Rand McNally & Company, the leading U.S....

N.C Appeals Court rules rink operator not liable when skater hit from behind.
April 28, 2003... Byline: Ertel Berry A roller skating rink was not liable to a patron who claimed she was clipped from behind while trying to avoid horseplay by other skaters, the Appeals Court has ruled. Under common law, roller rink operators are...

Verdicts & Settlements April 28, 2003: Negligence.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Negligence Injuries Alleged: Loss of $1 million Name of Case: Eisenberg v. Wachovia Bank, N.A. Court: U.S. Court of Appeals for the Fourth Circuit Case No.:...

Proposal Would Require Malpractice Coverage Disclosure.
April 28, 2003... Byline: Michael Dayton Lawyers could soon have to disclose whether they carry malpractice insurance, under a State Bar proposal approved April 18 for publication. "We feel this is a service to clients or consumers to have information...

NC Court of Appeals Unpublished Case Summaries: April 28, 2003.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Summary Judgment - Notice Requirement - Discovery - Sanctions - Appeals - Perfection Where the defendant had not moved for summary judgment, the trial court erred when it...

U.S. Court of Appeals 4th Circuit Case Summaries: April 28, 2003.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Black Lung Benefits - Claim Settlement A black lung claimant's settlement of his decades-old claim properly was invalidated by the Benefits Review Board, as the Black Lung...

Verdicts & Settlements April 28, 2003: Death Of Psychiatric Patient -- Reaction To Drugs.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Medical malpractice Description: Decedent voluntarily admitted to hospital's close observation psychiatric unit died one day later as a result of reaction to antipsychotic and...

Verdicts & Settlements April 28, 2003: Minor Injured In Collision With Power Company Vehicle.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Personal injury -- automobile Description: The minor plaintiff, 7 years old at the time of the injury in 2000, was injured when the defendant driver, an employee of VEPCO,...

Verdicts & Settlements April 28, 2003: Hit-And-Run Driver -- Knee Injuries, Scarring.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Personal injury, automobile/ uninsured motorist arbitration Description: The minor plaintiff, who was 15 years old at the time of the injury in 2000, was injured when a...

Verdicts & Settlements April 28, 2003: SUV Rollover -- Incomplete Quadriplegia.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Description: Jennifer Mitchell sustained a burst fracture at C6\7 when the 1995 Isuzu Rodeo in which she was riding rolled over on the highway and the roof buckled. Her driver made an evasive...

Verdicts & Settlements April 28, 2003: Epidural Catheter Not Working -- Arachnoiditis -- Paralysis.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Description: Plaintiff became paralyzed when her anesthesiologist and nursing staff failed to recognize and timely treat arachnoiditis arising from her epidural catheter. Plaintiff was a...

Roller Skating Rink Safety and Liability.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff The "Roller Skating Rink Safety and Liability" act sets out the duties of operators and patrons of roller skating rinks for claims arising after Jan. 1, 1998. The provisions did not apply in...

N.C. State Bar Again Rejects Land Condemnation Specialty.
April 28, 2003... Byline: Michael Dayton For the second time in six months, the State Bar's governing body has rejected land condemnation as a specialty area. The Bar's Board of Legal Special-ization last year recommended that land condemnation become...

Graham attorney Forrest Charmers Hall dies at 81.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Graham attorney Forrest Charmers Hall, 81, died March 29. An Alamance County native, his college career at Elon was interrupted by military service, when he served as a celestial navigation...

U.S. District Court Middle District Case Summaries: April 28, 2003.
April 28, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - ADA - Mental Handicap - Job Coach - Modified Position - Retail Clerk Even though the employee was unable to perform the normal clerk's duties of...

Nash County Jury Rejects Link Between Lead Paint, Learning Disabilities.
April 28, 2003... Byline: Ertel Berry A Nash County jury has rejected claims that lead-based paint in a rental home caused a child's learning disabilities. VERDICT REPORT The April 17 verdict in Hudgins, by GAL v. Jones and Simmmons & Harris (Nash...