North Carolina Lawyers Weekly articles from February 2002

North Carolina Lawyers Weekly archives from February 2002

Asheboro prosecutor disciplined for not disclosing possible plea bargain.(North Carolina)
February 4, 2002... Byline: Michael Dayton An Asheboro assistant DA who failed to disclose plea bargain discussions with two co-defendants, and took no steps to correct misleading testimony about the talks, has received a two-year stayed suspension from the...

N.C. Industrial Commission rules newspaper carrier deemed employee for comp benefits.
February 4, 2002... Byline: Ertel Berry Even though a Monroe newspaper carrier worked under an "Independent Contractor Distributor Sales Agreement," she was still an employee for comp purposes, the Industrial Commission has ruled. The employer's quality...

Challenge to city tort claim policy heading to trial.(North Carolina)
February 11, 2002... Byline: Ertel Berry The Supreme Court has let stand a ruling that said Greensboro officials might have violated a couple's constitutional rights by raising governmental immunity in their tort suit after waiving the defense in other cases....

N.C. Supreme Court rules medmal plaintiff's amendment did not fix Rule 9(j) defect.
February 11, 2002... Byline: Michael Dayton An Onslow County plaintiff who got an extension to file her medical malpractice lawsuit -- then failed to certify in her complaint that it had been reviewed by an expert -- couldn't amend it to cure that defect, the...

N.C. Court of Appeals rules phone message didn't stop transcript deadline.
February 18, 2002... Byline: Michael Dayton A lawyer who ordered a transcript from the wrong court reporter and did not learn of the error until a crucial deadline passed has had his case dismissed by the Court of Appeals. The unpublished opinion is Page...

N.C. Appeals Court strikes fee award for lack of findings on actual rates.
February 18, 2002... Byline: Ertel Berry Where a Mecklenburg personal injury plaintiff changed counsel before trial, he had to reveal his fee arrangements with all his lawyers -- past and present -- before the trial judge could award statutory attorney's fees,...

N.C. Court of Appeals rules back statistics didn't support pre - existing injury charge.
February 25, 2002... Byline: Michael Dayton Even though one expert said an accident victim's herniated disk possibly predated the wreck -- and that one of every three middle-aged adults had that back problem -- a trial court erred in instructing jurors on a...