North Carolina Lawyers Weekly articles from April 2005

North Carolina Lawyers Weekly archives from April 2005

N.C. district court to hear new arguments about allowing bank liens for past due child support.
April 4, 2005... Byline: Ertel Berry A Wake District Court judge who struck a controversial statute for collecting unpaid child support then set the order aside to let the Attorney General's Office intervene will hear new arguments in the case next week....

Bill before N.C. Senate would overhaul mortgage payoffs, lien collections.(North Carolina)
April 4, 2005... Byline: Ertel Berry A bill now in the state Senate would give real estate lawyers relief from two of their biggest headaches getting quick, reliable loan payoff numbers from mortgage lenders and making sure liens are properly cancelled...

Verdicts & Settlements April 4, 2005: Motorist gets $975,000 settlement from DWI accident.
April 4, 2005... Byline: Michael Dayton An elderly Monroe motorist who was broadsided by a drunk driver in October 2002 has settled her personal injury claim for $975,000, according to a case report submitted to Lawyers Weekly. The case is Hazel H....

Judge Kenneth Ward Turner of Rose Hill dies Feb. 9.
April 4, 2005... Byline: North Carolina Lawyers Weekly Staff Judge Kenneth Ward Turner of Rose Hill died Feb. 9, Lawyers Weekly has learned. He was 77 years of age. Born in Rose Hill, he enlisted in the U.S. Army after graduating from high school....

U.S. Court of Appeals 4th Circuit Case Summaries: April 4, 2005.
April 4, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Unpaid Workers' Comp Premiums - Priority Claim - Ch. 11 Joining the 9th Circuit, the 4th Circuit reverses the lower courts and holds in a split opinion that an insurance...

U.S. District Court Western District Case Summaries: April 4, 2005.
April 4, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice English Judgment - Default - Insurance Premiums Where the defendant was subject to the jurisdiction of the English courts, was served with process, and was given adequate...

U.S. Bankruptcy Court Case Summaries: April 4, 2005.
April 4, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Automatic Stay - Willful Violation - Water Supply - Cut Off - Damages Where the creditor-landlord knew of the debtor's bankruptcy case but nevertheless repeatedly cut off the...

N.C. Appeals Court ups workers'compensation award for OSHA trip hazard violation.(Occupational Safety & Health Administration)(North Carolina)
April 11, 2005... Byline: Ertel Berry A Kroger employee's comp award was properly boosted 10 percent because the cause of her trip-and-fall an extension cord stretched across a hallway violated federal OSHA regs, the Appeals Court held April 5. The...

Successful N.C. applicants all smiles over bar results.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Tar Heel fans set 32 bonfires last Monday in Chapel Hill as they celebrated their school's national basketball championship. Down east in Edenton, Meader Williams Harriss III lit a small...

N.C. Verdicts & Settlements: April 11, 2005: Family settles nursing home death claim for $450,000.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Plaintiff alleged wrongful death of 90-year-old resident of nursing home. Resident had a history of dementia, and was at known risk for falls. She fell repeatedly at nursing home,...

N.C. Verdicts & Settlements: April 11, 2005: ConAgra gets profits lost from bad beef jerky bags.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Commercial contract Injuries alleged: Loss of future profits Name of case: ConAgra Foods, Inc. v. Mirab USA, Inc. and Mirab, S.A. Court/county: U.S. Eastern District;...

N.C. Verdicts & Settlements: April 11, 2005: Motorist settles for $975,000 after DWI accident.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal Injury (automobile accident) Injuries alleged: Fractured collarbone; four broken ribs; fractured pelvis (in 3 places); a collapsed lung; fractured left orbit; plastic...

N.C. Verdicts & Settlements: April 11, 2005: Nursing home death results in $500,000 recovery.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Plaintiff claimed wrongful death of 91-year-old resident in a nursing home. Resident had a history of dementia, and at known risk for falls. She fell repeatedly at nursing home,...

Commentary: Using special needs trusts with injuries and disabilities.
April 11, 2005... Byline: Walt Sheffield As costs increase for prescription medications and for care and assistance with activities of daily living, questions arise with increasing frequency about "Special Needs Trusts." A few brief examples might help to...

Commentary: Greensboro Bar Association president's message.
April 11, 2005... Byline: Polly Sizemore I want to personally invite each and every one of you to the dedication of the new playground equipment at Foust School on April 22 at 1:00 p.m. The students are working hard and planning a short program to thank us...

Johnson named recipient of 2004 Greensboro Bar Association's Pro Bono Award.(Ronald P. Johnson )(Brief Article)
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Ronald P. Johnson has been named the 2004 recipient of the Greensboro Bar Association's Pro Bono Award. An item in the GBA newsletter cited Johnson for his participation in the Triad Health...

Breakfast briefing to help employers with harassment in the workplace to be held in Greensboro.(Brief Article)
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff The employment and labor attorneys of Nexsen Pruet Adams Kleemeier, PLLC will present a free breakfast briefing to North Carolina employers to help them better understand harassment in the...

Former Chief Justice keynote speaker at University of N.C. Black Law Students Ass'n banquet.(Henry E. Frye )(Brief Article)
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Retired Supreme Court Justice Henry E. Frye was the featured keynote speaker at the University of North Carolina School of Law, Black Law Student Association's first annual awards banquet April 8...

U.S. Court of Appeals 4th Circuit Case Summaries: April 11, 2005.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Removal Order - Political Asylum A Colombian national who claims to fear reprisal by Colombian drug criminals for his association with the Drug Enforcement...

U.S. District Court Western District Case Summaries: April 11, 2005.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Race Discrimination Claim - Failure to Promote - Hostile Environment - Retaliation - Statute of Limitations Even though the plaintiff cites examples of...

U.S. Bankruptcy Court Case Summaries: April 11, 2005.
April 11, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Petition Preparer - Excessive Fee - Unfair Practices - Unauthorized Practice of Law Where the petition preparer was only permitted to perform scrivener work for the debtor,...

Dad's abandonment barred share in child's estate rules N.C. Supreme Court.(North Carolina)
April 18, 2005... Byline: Ertel Berry An alcoholic dad who rarely saw or supported his daughter after a 1985 divorce could not share in her estate after she died in a 1999 wreck, the Supreme Court has ruled. The opinion, written by Justice Mark Martin,...

Q&A: On the air with Winston-Salem attorney Mike Wells.(Interview)
April 18, 2005... Byline: North Carolina Lawyers Weekly Staff Winston-Salem attorney Mike Wells, a 30-year practitioner, hosts a popular public service legal call-in show, "You and the Law," on WSJS 600 AM. Over the last 13 years he has fielded more than...

Commentary: For The Firm: Marketing on a shoestring.
April 18, 2005... Byline: Kenneth L. Hardison Today's competitive business arena has forced all lawyers to market in some form or fashion. The problem is that as lawyers we were never taught the basics of business planning and implementation, a large part...

Q&A with Sara H. Davis: Lawyers Assistance Program.(Interview)
April 18, 2005... Byline: North Carolina Lawyers Weekly Staff Asheville lawyer Sara H. Davis currently serves as chair of the State Bar's Lawyer Assistance Program. In an e-mail Q&A with Lawyers Weekly, Davis explained how the program helps North Carolina...

N.C. Legal Community Obituaries: April 18, 2005.
April 18, 2005... Byline: North Carolina Lawyers Weekly Staff Zeb Creighton Brinson Tarboro lawyer Creighton Brinson died April 5 at age 74. Born in Pitt County, Brinson grew up in Tarboro and went to the University of North Carolina for both...

Verdicts & Settlements April 18, 2005: $500,000 nursing home death settlement granted.
April 18, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice nursing home and occupational therapist Injuries alleged: Wrongful death Name of case: Withheld Court/county: Western North Carolina Case...

U.S. Court of Appeals 4th Circuit Case Summaries: April 18, 2005.
April 18, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Attorney's Fees - State Agency - 'Person' The Virginia Office for Protection and Advocacy was not entitled to an award of attorney's fees in this action against the...

U.S. District Court Middle District Case Summaries: April 18, 2005.
April 18, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Contract - CBA - Gainsharing Provision - Five Percent Cap - Reserve Account Even though the collective bargaining agreement is ambiguous as to whether workers are to...

N.C. Court of Appeals Case Summaries: April 18, 2005.
April 18, 2005... Byline: North Carolina Lawyers Weekly Staff Domestic Relations Separation Agreement - Contract - Vagueness - Void Where the provisions of the parties' separation agreement were so vague, inconsistent and uncertain as to render the...

Commentary: Finding a computer forensics specialist.
April 25, 2005... Byline: Frank Grindstaff As little as five years ago most lawyers did not have to think about whether their case required computer forensics work in the discovery phase. Either they had either never heard of computer forensics or they knew...

N.C. Court of Appeals rules specific proof not needed for plaintiff's pain and suffering.
April 25, 2005... Byline: Michael Dayton A Wake County patient who claimed she was harmed emotionally by her doctor's alleged sexual advances did not have to offer proof of physical pain and suffering as part of her general damages, the Court of Appeals has...

Pres. Bush signs bankruptcy overhaul law; national experts predict rush of filings.(George Bush)
April 25, 2005... Byline: Reni Gertner, Lawyers Weekly News Service A sweeping consumer bankruptcy bill that will make it more difficult for debtors to file for bankruptcy has been signed into law by President Bush. The bulk of the provisions in the new...

N.C. Senate bill could bring higher annual State Bar dues.
April 25, 2005... Byline: North Carolina Lawyers Weekly Staff Lawyers could see a State Bar dues increase of $25-$35 if a bill pending in the General Assembly passes. SB 327, introduced by Sen. Tony Rand and co-sponsored by other lawyer-legislators,...

N.C. state court again strikes bank lien for past-due child support.
April 25, 2005... Byline: Ertel Berry Wake District Judge Kristin Ruth told lawyers at an April 13 hearing that she will once again rule a controversial statute for collecting unpaid child support is unconstitutional. The hearing, called after Judge...

N.C. Board of Law Examiners recognizes Bar candidate committee.
April 25, 2005... Byline: North Carolina Lawyers Weekly Staff The N.C. Board of Law Examiners has adopted a formal resolution of appreciation to the lawyers who served on the Bar candidate committee. The Board of Law Examiners is required by law to make...

Former N.C. Superior Court Judge Shirley Fulton to chair Charlotte School of Law.(Brief Article)
April 25, 2005... Byline: North Carolina Lawyers Weekly Staff Former N.C. Superior Court Judge Shirley Fulton will chair the inaugural board of trustees for the newly licensed Charlotte School of Law, the school announced in a release. Fulton will be...

N.C. Supreme Court to meet in state Capitol during Justice Bldg. renovation.
April 25, 2005... Byline: North Carolina Lawyers Weekly Staff After a 117-year absence, the Supreme Court is once again meeting in the state Capitol building. With the Justice Building undergoing a year-long renovation, the high court has had to search...

U.S. Court of Appeals 4th Circuit Case Summaries: April 25, 2005.
April 25, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Satellite TV - Encrypted Transmissions - 'Pirate Access Device' A plaintiff satellite tv company can sue a defendant suspected of using a "pirate access device" to...

U.S. District Court Western District Case Summaries: April 25, 2005.
April 25, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Civil Rights - Race Discrimination - Restaurant Complaints Where the plaintiffs allege the defendant-restaurant refused them service because of their race, the...

NC Court of Appeals Unpublished Case Summaries: April 25, 2005.
April 25, 2005... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Injury By Accident - Football Player - Credit - Attorney's Fees Where the plaintiff testified that, when he attempted to block an extra point, the opposing team...