North Carolina Lawyers Weekly articles from August 2003

North Carolina Lawyers Weekly archives from August 2003

Retaliatory Job Act didn't cover former employee, rules N.C. Appeals Court.
August 4, 2003... Byline: Ertel Berry Even if a Charlotte hospital didn't re-hire a nurse because she had filed a comp claim, that didn't mean she could sue for retaliatory job discrimination, the Appeals Court has ruled. The reason: by its terms, North...

N.C. State Bar adopts rule on disclosure of malpractice insurance.
August 4, 2003... Byline: Michael Dayton A rule change that requires practicing attorneys to disclose whether they carry professional liability insurance has been adopted by the State Bar. Councilors approved the rule July 25 at their quarterly meeting...

CPA firm must refund fee for bankrupt's tax returns, rules N.C. bankruptcy judge.
August 4, 2003... Byline: Ertel Berry A CPA firm must give back the $6,145 fee it got for preparing a Chapter 11 debtor's tax returns because the debtor failed to get court approval for the work, a bankruptcy judge has ruled. A bankruptcy court's okay...

N.C. police officer who resigned loses NCEEPA, discharge claims.(North Carolina Equal Employment Practices Act)
August 4, 2003... Byline: Ertel Berry A Huntersville police officer who resigned over alleged sex discrimination couldn't sue under the North Carolina Equal Employment Practices Act, the Appeals Court has ruled. In an unpublished holding, the court...

Verdicts & Settlements August 11, 2003: Elderly Man Suffers Numerous Falls.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Nursing home negligence Description: According to plaintiff's counsel: Herman Hoke, an 83-year old who suffered from Parkinson's Disease, Dementia, Congestive Heart Failure,...

Verdicts & Settlements August 11, 2003: Two Passengers Burned Alive When Truck Flips.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Wrongful Death Description: According to plaintiff's counsel: Defendant, Joshua Freeman, was driving his grandfather's pickup on 2/22/00. He had two passengers, Michael Spicer...

North Carolina Lawyers In The News: August 11, 2003.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff DA Mike Bonfoey addressed the annual meeting of the Democratic Women in Macon County recently. Bonfoey was named to replace Charles Hipps, who died in office earlier this year. Goldsboro...

Health Care Worker Gets Comp For Fall From Pear Tree, Rules N.C. Court of Appeals.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff A home health care worker could get comp benefits for injuries suffered when she fell out of a pear tree getting a snack for a client, the Court of Appeals held Aug. 5. The plaintiff's fall...

Brokerage Firm Not Liable To Customer's Client, Rules N.C. Appeals Court.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff A widow who gave $170,000 to a man who then opened accounts at two brokerage firms couldn't sue the firms for not keeping tabs on how the money was invested, the Appeals Court held Aug. 5. ...

Court Can't Hear Bar Appeal Where No Discipline Imposed Lacked Statutory Or Cert Jurisdiction.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Where the State Bar's disciplinary board dismissed a case against a Hickory family lawyer without imposing any sanctions, the Bar could not appeal that decision, the Court of Appeals has ruled....

N.C. Court of Appeals Case Summaries: August 11, 2003.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Arbitration Partnerships - Contract - General Partner - Management Company - Securities - Investment Firm Where all but one of the claims at issue arose out of the limited partnership...

Verdicts & Settlements August 11, 2003: Shoulder Dystocia Occurs During Delivery Of Baby.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Medical Negligence Description: According to plaintiff's counsel, patient experienced shoulder dystocia during delivery. It was alleged that physician pulled on the baby's...

Nelson Mullins Continues Growth in North Carolina.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Eight attorneys have left the Raleigh office of Moore & Van Allen and joined the Raleigh office of Nelson Mullins Riley & Scarborough, a multi-state firm headquartered in Columbia, S.C. Nelson...

Ruling BY N.C. Appeals Court Clarifies Professional Negligence In Criminal Cases.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Even though a criminal defendant claimed his lawyer's negligence caused him to forfeit real property to the government -- without being released from a $140,000 mortgage lien -- that didn't show...

U.S. Court of Appeals 4th Circuit Case Summaries: August 11, 2003.
August 11, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Hydroelectric Power - Rate Schedule - Flood Control Act The 4th Circuit reverses a district court judgment setting aside defendant utility's rate schedule for the sale of...

U.S. Bankruptcy Court Case Summaries: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Arbitration Landlord/Tenant - Commercial Lease - Lender - Bankruptcy Where the lease's arbitration clause specifically refers to disputes between the lessor and the lessee, the lessee's...

U.S. Court of Appeals 4th Circuit Case Summaries: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Commodity Futures Trading - Reparation Action Even though an investor who filed two separate reparations actions against respondent investment company with the Commodity...

U.S. District Court Eastern District Case Summaries: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment FLSA - Bus Driver - Waiting for Assignments - Regular Wages - Tort/Negligence - IIED Where the plaintiff alleges the defendant-employer failed to pay drivers for time...

U. S. District Court Middle District Case Summaries: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment FMLA - Tort/Negligence - Wrongful Discharge - NCEEPA - Disability Discrimination - FLSA - Overtime - Defamation Where the plaintiff alleges that the defendant-employer...

NCAWA Television Program Wins National Service Award.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff The North Carolina Association of Women Attorneys was the 2003 recipient of the National Conference of Women's Bar Associations Public Service Award for its innovative television program, "Laying...

N.C. State Bar Releases Guidelines For Attorneys Licensed In Other Jurisdictions.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Authorized Practice Committee, July 2003 A. Introduction A common question presented to the North Carolina State Bar is when and to what extent an attorney licensed to practice in another...

Broker Not Liable After Mismatch Between Auction Plat, Recorded Deed Description.
August 18, 2003... Byline: Ertel Berry Even though a real estate broker advertised five lots as part of a proposed subdivision in Surry County -- and auctioned them off that way to a buyer -- the broker was not liable when the property was recorded as a...

Zoo Visitor Hit By Falling Tree Loses State Tort Claim, Rules N.C. Industrial Commission.
August 18, 2003... Byline: Ertel Berry A state zoo visitor who was badly hurt when a tree fell on her didn't prove the facility's staff was negligent, the Industrial Commission has ruled. The 2-1 holding in Cherney v. North Carolina Zoological Park...

Delay Costs Company Right To Compel Arbitration, Rules N.C. Court of Appeals.
August 18, 2003... Byline: Michael Dayton A company that sold a vehicle service contract on a Land Rover lost its chance to compel arbitration by stonewalling a disgruntled buyer's attempts to pick an arbitrator -- and ignoring faxes and phone calls from...

Ill-Tempered Dad Loses Custody To Grandparents, Rules N.C. Court of Appeals.
August 18, 2003... Byline: Ertel Berry Even though a Transylvania District Court judge didn't specifically find a dad was unfit, his findings were still sufficient to give primary custody of the man's son to the maternal grandparents, the Court of Appeals...

N.C. Industrial Comm. Case Summaries: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence STCA - N.C. Zoo - Falling Tree - No Breach of Duty Even though the 34-foot tall ficus tree was scheduled for pruning on Monday, was noted on Friday to have a loose...

Verdicts & Settlements August 18, 2003: Vertigo, Back Problems Result From Rear-End Collision.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Personal injury auto tort Description: Plaintiffs were rear-ended by one of the defendant's employees. After the initial impact, the defendant driver hit the plaintiffs two...

Verdicts & Settlements August 18, 2003: Business Dispute Involves Claims Of Unfair Practices.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Unfair Business Practice, Fraud, Breach of Contract, and Oil Pollution Control & Hazardous Substances Act Violation Injuries Alleged: Lost Profits and Remediation Costs ...

N.C. Lawyers In The News: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Kilpatrick Stockton partner Steve Berlin began his term July 14 as Forsyth County Bar Association president during the annual ceremony held at the Sawtooth Building. Berlin, a partner in the...

N.C. Legal Obituary: Isaac T. Avery Jr.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Isaac Thomas Avery Jr. of Greensboro died Aug. 10 at age 87. Born in Morganton, Avery received his law degree at the University of North Carolina in 1940. While an undergraduate there, he...

NC Court of Appeals Unpublished Case Summaries: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Jury & Jurors - Affidavits & Testimony - Failure to Poll - Waiver Where the plaintiffs failed to ask that the jury be polled in open court, the plaintiffs may not now...

U.S. District Court Western District Case Summaries: August 18, 2003.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Contract - Minimum Contacts - Insufficient - Concert Promoters Even though the defendants have promoted a few events in N.C. in the past, since...

Verdicts & Settlements August 18, 2003: Trucker Hit Concrete Barriers.
August 18, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Wrongful death; negligence Description: Operator of tractor trailer truck collided with concrete barriers in a highway lane closure construction zone. The collision occurred...

U.S. District Court Western District Case Summaries: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Age Discrimination & Retaliation Claims - New Supervisor - Evaluations Where the plaintiff's new supervisor heard many complaints about him and noticed the plaintiff's...

Verdicts & Settlements August 25, 2003: $500K For Patient Who Fell During Transfer To Wheelchair.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Negligence -- Wrongful Death -- Assisted Living Center Description: The case involved an 88-year-old lady who was paralyzed on one side as the result of a stroke. She fell...

Verdicts & Settlements August 25, 2003: $1.468 Awarded In Arbitration Over Subdivision Development.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Fraud, Breach of fiduciary duties Injuries Alleged: Defrauded of $1.1 million business investment Description: The plaintiffs were three passive investors in four limited...

Verdicts & Settlements August 25, 2003: First-Grader Killer When Motorist Passes Stopped School Bus.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Automobile Negligence Description: Defendants insisted that if the settlement amount was reported, that certain identifying information remain confidential. Plaintiff's...

Patrol Officer Can Be Fired For Refusing Sabbath Shift, Rules Federal Judge.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff The Edgecombe County sheriff's department could fire a patrol officer who refused to work on the Sabbath without first trying to accommodate his religious beliefs, a federal judge has ruled. ...

U.S. Bankruptcy Court Case Summaries: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Domestic Relations - Divorce - Entireties Property - Reach Back Period Even though 11 U.S.C. 541(a)(5)(B) would have allowed the bankruptcy estate to acquire the debtor's...

U.S. District Court Eastern District Case Summaries: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Religious Discrimination Claim - Working on Sabbath - Accommodation - Undue Hardship - Sheriff's Department Where the understaffed defendant-sheriff's department must...

Patient's Estate Gets $875,000 Verdict For Clotting Treatment.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff A Forsyth jury has awarded $875,000 to the estate of a hospital patient who wasn't given enough blood-thinning medication to prevent a fatal clot. Although the defendant hospital cannot be...

Homebuyer Signed Note, Deed Of Trust Under Duress, Rules N.C. Appeals Court.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff A Brunswick County woman could cancel a $25,715 note and deed of trust on her new home because the builder coerced her signature, the Appeals Court held Aug. 19. Evidence that the builder...

N.C. Bar Reports Rise In Number Of Specialization Applicants.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff On the heels of a setback earlier this year, the State Bar specialization program has announced some good news -- a significant jump in the number of applicants who have signed up for November...

N.C. Legal Obituaries: Rita W. Rothrock.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Rita Whitlow Rothrock, attorney of Hillsborough, died Aug. 15 at age 47. A Person County native, she was a 1987 graduate of N.C. Central Law School. Prior to her graduation from law school,...

N.C. Court of Appeals Case Summaries: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Contract Duress - Real Property - Home Construction - Additions - Note & Deed of Trust Where the defendant-contractor had the door guarded by his associate during a two-hour meeting in...

North Carolina Lawyers In The News: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Tom Stukes has joined Womble Carlyle Sandridge & Rice's health care practice group in Greensboro as a member, and Robert Carter has joined the firm in an of counsel capacity. Stukes, a UNC law...

North Carolina Bar Ethics Opinions: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Lawyer may advertise membership in an organization with a self-laudatory title provided the organization has objective and verifiable standards for admission Council Actions At a meeting...

NC Court of Appeals Unpublished Case Summaries: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Breach of Fiduciary Duty - Real Property - Deed Description - Sellers' Agent Where the plaintiff-buyers had clear notice that the defendant-realtors were acting solely as...

U.S. Court of Appeals 4th Circuit Case Summaries: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Rights First Amendment - Establishment Clause - Prayer - College Meal In this suit involving a successful challenge by plaintiff cadets to the constitutionality of a prayer offered...

U. S. District Court Middle District Case Summaries: August 25, 2003.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Belgian Corporation - N.C. Agent - Web Site - Insufficient Contacts Even though the Belgian defendant-corporation's web site includes a notation...

Verdicts & Settlements August 25, 2003: 57-Year-Old Woman Dies After Heart Catheterization.
August 25, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Medical Negligence Description: Defendants insisted that if the settlement amount was reported, that certain identifying information remain confidential. Patient was...