North Carolina Lawyers Weekly articles from April 2008

North Carolina Lawyers Weekly archives from April 2008

Ten Commandments display out, judge in Kentucky says.(Joseph H. McKinley)(Brief article)
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff A federal judge has permanently barred a Kentucky county from using the Ten Commandments as part of a "Foundations of American Law and Government" display. U.S. District Judge Joseph H....

Dead mouse in discovery box? Strike pleadings, N.C. Court of Appeals agrees.(North Carolina)
April 7, 2008... Byline: Guy Loranger A trial court's sanction against a defendant who delivered 13 boxes of disorganized discovery documents to the plaintiff's attorney -- one with a dead mouse inside -- has passed the Court of Appeals' sniff test. ...

Duke University leads trio of N.C. law schools in U.S. News top 100.(North Carolina)(Brief article)
April 7, 2008... Byline: N.C. Lawyers Weekly Staff Duke University is tied for 12th among the nation's top 100 law schools, UNC-Chapel Hill is 38th, and Wake Forest is 42nd, according to the latest U.S. News & World Report law school rankings. Duke,...

Commentary: When loans are truly outstanding.(Column)
April 7, 2008... Byline: Diana Smith When Emily Jura moved from Ohio to North Carolina to attend Duke University's law school, she knew two things for certain. First, she wanted to work in public defense. Second, she wanted to be able to afford to do...

N.C Court of Ap an who fell off roof denied N.C. COA rules man who fell off roof denied compensation.(North Carolina Court of Appeals)
April 7, 2008... Byline: Fred Horlbeck A roofer whose blood alcohol tested at 0.11 percent five to seven hours after he fell off a roof can't get workers' compensation because he was intoxicated when he fell, the Court of Appeals has ruled. The man not...

Opinion would forbid known client aliases in comp actions in N.C.(North Carolina)(workers' compensation action)
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff A lawyer representing an undocumented immigrant in a workers' compensation action learns his client has been using an alias and filing court documents under that name. What should the lawyer do?...

Verdicts & Settlements April 7, 2008: Church saves $7.5K per year as property remains tax-exempt.(First Baptist Church )(Brief article)
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff First Baptist Church Roanoke Rapids filed an appeal with the N.C. Department of Revenue to rescind a decision by the Halifax County Tax Assessor. The tax assessor changed the status of 4.38...

N.C. Business Court Case Summaries: April 7, 2008.(North Carolina)(Case overview)
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff Attorneys Unauthorized Practice of Law - California Attorney - Pro Se Defendant - Drafting Assistance - Civil Practice - Affidavit Burgess v. Vitola. (Lawyers Weekly No. 08-15-0371, 12...

N.C. Court of Appeals Case summaries: April 7, 2008.(North Carolina)(Case overview)
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff Contract Risk Allocation Clause - Land Surveying - Public Policy Blaylock Grading Co., LLP v. Smith. (Lawyers Weekly No. 08-07-0378, 8 pp.) (John C. Martin, Ch.J.) Appealed from Harnett...

N.C. Court of Appeals Unpublished Case Summaries: April 7, 2008.(North Carolina)(Brief article)
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff Domestic Relations Equitable Distribution - Civil Practice - Discovery Violations - Contempt - Sanctions - Answer Stricken Harrison v. Harrison. (Lawyers Weekly No. 08-16-0390, 7 pp.)...

U.S. District Court Eastern District Case Summaries: April 7, 2008.
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Race Discrimination Claim - Unsatisfactory Job Performance - Integrity Issues Purchase v. Astrue. (Lawyers Weekly No. 08-02-0372, 11 pp.) (James C....

U.S. District Court Middle District Case Summaries: April 7, 2008.(Case overview)
April 7, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Production of Documents - Attorney- Client Privilege - Fiduciary Exception - Work Product Tatum v. R.J. Reynolds Tobacco Co. (Lawyers Weekly No. 08-03-0255, 34...

N.C. Lawyers in the News: April 14, 2008.(North Carolina )
April 14, 2008... Byline: N.C. Lawyers Weekly Staff Attorney Elizabeth M. Repetti, director of Bell, Davis & Pitt, has been selected by the bankruptcy section of the N.C. Bar Association to lead its statewide seminar. NC CARES, which stands for Credit Abuse...

N.C. State Bar exam results out, passers set for swearing in.(North Carolina State Bar)
April 14, 2008... Byline: Guy Loranger Carol Ann Zanoni moved from New Jersey to North Carolina for the higher temperatures and lower taxes. The only thing missing: A license to practice law in the state. That void was filled by a letter that arrived in...

N.C.Court of Appeals rules liability cap in contract makes grade for engineer.(North Carolina )
April 14, 2008... Byline: Guy Loranger An engineering firm could cap a client's damages award at $50,000 through a limited-liability clause in their contract, the Court of Appeals has ruled in a first-impression decision. The client, a grading company,...

U.S. Court of Appeals 4th Circuit Case Summaries: April 14, 2008.
April 14, 2008... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Discharge - Revocation - Ch. 7 - Willful Refusal Smith v. Jordan. (Lawyers Weekly No. 08-01-0409, 17 pp.) (Bailey, J.) No. 06-2154, April 3, 2008; USDC at Norfolk, Va. (Smith,...

6,790 calls later, N.C. Bar Association's 4ALL is success.(North Carolina Bar Association)
April 14, 2008... Byline: Diana Smith Mission accomplished. That's how the leadership team of the N.C. Bar Association would summarize the outcome of its signature project, the 4ALL public service day held April 4. More than 700 attorneys fielded...

N.C. Administrative Hearings Case Summaries: April 14, 2008.(North Carolina )(Brief article)
April 14, 2008... Byline: North Carolina Lawyers Weekly Staff Environmental Administrative - CAMA - Dock Permit Ward v. N.C. Department of Environment & Natural Resources, Division of Coastal Management. (Lawyers Weekly No. 08-09-0395, 23 pp.)...

N.C. Industrial Comm. Case Summaries: April 14, 2008.(North Carolina )
April 14, 2008... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Causation - Chemical Burns - Slip & Fall - Fiberglass Production - Wastewater Blanton v. GCA. (Lawyers Weekly No. 08-08-0418, 6 pp.) (Bernadine S. Ballance, Comm'r)...

Lawyers in the News.
April 14, 2008... Byline: North Carolina Lawyers Weekly Staff Attorney Elizabeth M. Repetti, director of Bell, Davis & Pitt, has been selected by the bankruptcy section of the N.C. Bar Association to lead its statewide seminar. NC CARES, which stands for...

Liability cap in contract makes grade for engineer.
April 14, 2008... Byline: GUY LORANGER, Staff Writer An engineering firm could cap a client's damages award at $50,000 through a limited-liability clause in their contract, the Court of Appeals has ruled in a first-impression decision. The client, a...

State Bar exam results out, passers set for swearing in.(North Carolina State Bar)
April 14, 2008... Byline: GUY LORANGER, Staff Writer Carol Ann Zanoni moved from New Jersey to North Carolina for the higher temperatures and lower taxes. The only thing missing: A license to practice law in the state. That void was filled by a letter...

N.C. Court of Appeals rules checkpoint U-turn legal; DWI conviction wasn't.
April 28, 2008... Byline: North Carolina Lawyers Weekly Staff The state Court of Appeals has overturned the drunken driving conviction of a woman who made a legal U-turn before she reached a DWI checkpoint, and prosecutors are trying to decide whether to...

From J.D. to Deejay in S.C.(South Carolina)
April 28, 2008... Byline: Diana Smith Turn on, tune in, take note: Helping people understand the law has become as simple as turning a dial or clicking a file. It's free radio legal education, and attorneys are doing it with increasing frequency in the...

Fourth Circuit Court upholds 90-day ban on chiropractor telemarketing.(United States Court of Appeals for the 4th Circuit)
April 28, 2008... Byline: Fred Horlbeck The Fourth Circuit has upheld a state regulatory scheme that bars chiropractors from telephoning potential patients within 90 days of an accident. The April 9 decision was the second consecutive defeat for...

Constructive discharge lawsuit fails for worker rules N.C. Court of Appeals.
April 28, 2008... Byline: Guy Loranger An employee could not sue her former employer for firing her in violation of public policy because she based her claim on a constructive discharge, the Court of Appeals has ruled. It marked the first time the Court...

Frank Dail is a phone call away to help with navigating the N.C. Rules of Appellate Procedure.(Guy Loranger)
April 28, 2008... Byline: Guy Loranger For nearly as long as they have existed, there have been two steps to successfully navigating the North Carolina Rules of Appellate Procedure: Read every rule as carefully as possible. Then call Frank Dail. "It's...

N.C. Administrative Hearings Case Summaries: April 28, 2008.(North Carolina)
April 28, 2008... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Public Employees - Unacceptable Personal Conduct - Major Depression - Threatening Behavior Stanley v. North Carolina Department of Transportation. (Lawyers Weekly No....

N.C. Court of Appeals Case Summaries: April 28, 2008.
April 28, 2008... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Disability - Videotape Evidence - Arm Injury - Funeral Home Help Flippen v. Americraft Cartons, Inc. (Lawyers Weekly No. 08-16-0454, 7 pp.) (Rick Elmore, J.)...

N.C. Industrial Comm. Case Summaries: April 28, 2008.(North Carolina Commission)
April 28, 2008... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Change of Condition - Left Knee Injury - Right Knee & Back - Gait Compensation Rivera v. Morris & Associates, Inc. (Lawyers Weekly No. 08-08-0473, 7 pp.) (Buck...

NC Court of Appeals Unpublished Case Summaries: April 28, 2008.(North Carolina )
April 28, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Driver's License - Renewal Denied - N.Y. Judgment - Whole Record Review Broadhurst v. Tatum. (Lawyers Weekly No. 08-16-0460, 13 pp.) (Donna Stroud, J.) Appealed from Moore...

U.S. Court of Appeals 4th Circuit Case Summaries: April 28, 2008.
April 28, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Rights Free Speech - Picketing on Public Ways - Prior Notice Green v. City of Raleigh. (Lawyers Weekly No. 08-01 -0467, 22 pp.) (Motz, J.) No. 07-1351, April 16, 2008; USDC at...