North Carolina Lawyers Weekly articles from February 2006

North Carolina Lawyers Weekly archives from February 2006

Supreme Court says support offers didn't preserve unwed dad's consent rights.(child support)
February 6, 2006... Byline: Ertel Berry Unwed dads who offer cash or other support to their kids' mothers and get turned down should put the money in a bank account or trust fund if they want to preserve their adoption consent rights. That's the upshot...

Chief Justice I. Beverly Lake Jr. recognized for Meritorious and Extraordinary Service.(Brief Article)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff The Chief Justice's Commission on Professionalism (CJCP) presented retiring Chief Justice I. Beverly Lake Jr. with the first CJCP Award for Meritorious and Extraordinary Service at the quarterly...

Melvin F. Wright Jr. presented Amicus Curiae Award.(Brief Article)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Chief Justice I. Beverly Lake Jr. honored Melvin F. Wright Jr., the executive director of the Chief Justice's Commission on Professionalism (CJCP) at the quarterly meeting of the CJCP with the...

Q&A with Charlotte lawyer Robert S. Blair Jr.(Interview)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Charlotte lawyer Robert S. Blair Jr. has this advice for anyone who wants to practice family law: hold on to your sense of humor. A Bar-certified family law specialist and co-chair of the...

Elon Law School building named for Greensboro leader Mike Weaver.
February 6, 2006... Byline: Jasmine Modoor It was the culmination of what H. Michael Weaver described as an "almost serendipitous relationship" that started when he attended summer school at Elon in 1958. On Jan. 25, Elon university officials announced...

Jonathan Maxwell retires as Guilford County attorney.(Brief Article)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Jonathan Maxwell, Guilford County attorney, is retiring at the end of February with 30 years service as an attorney representing North Carolina counties. Maxwell served as Guilford County attorney...

Three take oaths of office in Greensboro.(Catherine Eagles, Thomas W. Ross, J. Douglas Henderson)(Brief Article)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Early last month, three people were administered oaths of office in Guilford County Superior Court on the same day. Chief Resident Superior Court Judge Catherine Eagles swore in former...

Greensboro County Bar Assn. sets February CLE.(continuing legal education)(Brief Article)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff The annual Greensboro Bar Seminar will take place on Thursday, Feb. 16, from 2 p.m. to 5:15 p.m. at Starmount Forest Country Club. This year's seminar will explore the causes of debilitating...

N.C. Lawyers in the News.(Griffis Shuler joins Lewis and Daggett, Charles H. Winfree reappointed by Mike Easley )
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Winston-Salem lawyer Griffis Shuler has become a partner in Lewis & Daggett P.A. after six years of practice there. Shuler joins founding partners Michael Lewis and David Daggett as the firm's...

Supreme Court says heart balm tort could accrue after Wake County couple separated.
February 6, 2006... Byline: Michael Dayton Even though a Wake County wife waited almost five years after separating from her husband to file an alienation of affections claim, the action was not time-barred, the Supreme Court has ruled. A three-year...

Supreme Court says payments after subcontractor's lien notice triggered owner's liability.(Kurtz Transfer Products, O and M Industries)
February 6, 2006... Byline: Ertel Berry A Lexington plant owner that continued making payments to a general contractor after receiving a subcontractor's notice of a lien on those funds was personally liable for the full amount of the sub's claim, the...

Judge Robert M. Martin of Charlotte dies.(Brief Article)(Obituary)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Judge Robert M. Martin of Charlotte died Jan. 29 at age 93. Born in Northampton County, he graduated from Conway High School in 1931. After attending night law school in Rocky Mount, he...

U.S. Court of Appeals 4th Circuit Case Summaries: February 6, 2006.(Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Privacy Act of 1974, Immigration and Nationality Act of 1952)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Removal Cancellation - Inadmissibility Waiver - Criminal History Disclosure The 4th Circuit rejects a petition for review filed by a native and citizen of...

U.S. District Court Eastern District Case Summaries: February 6, 2006.
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Non- Party Subpoena - Overbroad - Other Sources Where the defendant-employer is in a better position to know which of its employees received counseling from...

U.S. Bankruptcy Court Case Summaries: February 6, 2006.(cases of bankruptcy, conveyancing, conversion, bad faith)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Real Property - Entireties Estate - Conveyance - Correction Deed - Avoidance Where, in 2002, the debtor and his non-filing spouse intended to sell entireties property to a...

N.C. Supreme Court Case Summaries: February 6, 2006.(North Carolina)
February 6, 2006... Byline: North Carolina Lawyers Weekly Staff Contract Construction - Materialman's Lien - Payments to Contractor - Personal Liability Where the plaintiff-subcontractor notified the defendant-owner of its lien arising from its work...

Commentary: Administration of family limited partnerships and family limited liability companies.
February 6, 2006... Byline: Stuart B. Dorsett What is a family limited partnership (FLP) or family limited liability company (FLLC) and how can it help if you don't currently own any type of business? Many people have formed FLPs or FLLCs as part of their...

N.C. Appeals Court upholds husband's property transfer to wife after alleged affair.(North Carolina)
February 13, 2006... Byline: Ertel Berry An Iredell County husband who was confronted about an alleged affair then gave his wife sole ownership of their three homes as a sign that he wanted to work things out could not set aside the deal when the couple...

N.C. State Bar tables ethics amendment on discovery.(North Carolina)
February 13, 2006... Byline: Ertel Berry The State Bar has delayed final approval of an ethics rules change that civil litigation lawyers say could turn every discovery dispute into a potential disciplinary case. The rewrite of ethics Rule 3.4, "Fairness...

Two of N.C. Carolinas' largest law firms bump up starting pay for associate lawyers.(Womble Carlyle Sandridge and Rice and Nelson, Mullins, Riley and Scarborough)
February 13, 2006... Byline: Michael Dayton For the second time in a month, one of the Carolinas' largest law firms has bumped up its starting pay for associate lawyers, putting pressure on others to follow suit. Last week, 550-lawyer Womble Carlyle...

N.C. law groups sponsor student outreach program to promote diversity in legal profession.(North Carolina)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff What do college students especially minority students think of the legal profession? Would they consider the law as a career? These questions will be the subject of a student outreach...

Sarah Parker officially sworn in as N.C. Chief Justice.(North Carolina. Supreme Court)(Brief Article)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Sarah Parker officially became North Carolina's 27th chief justice last Monday, taking the oath of office in the building where the Supreme Court heard cases more than a century ago before...

Timmons-Goodson is first African American woman on N.C. Supreme Court.(Patricia Timmons-Goodson)(Brief Article)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Patricia Timmons-Goodson became the first African American woman on the North Carolina Supreme Court after taking the oath of office Tuesday from the justice she is replacing on the court. ...

Dean of new Charlotte Law School tours the state as school prepares to open in August.(E. Eugene Clark)
February 13, 2006... Byline: Susan Shackelford If moving halfway around the world weren't enough, the dean of the new Charlotte School of Law has found himself in another type of time warp since arriving in Charlotte in mid-January. "It seems like two...

Charlotte Law School names new board member.(Leigh H. Taylor)(Brief Article)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Charlotte School of Law has named Leigh H. Taylor to its board of trustees, according to a school press release. Taylor, the dean emeritus and professor of law emeritus at Southwestern Law...

N.C. Lawyers in the News: February 13, 2006.(Peter Roda appointed to McDowell and Moorefield; Smith, Anderson, Blount, Dorsett, Mitchell and Jernigan L.L.P. appointed vid B. Clement, Michael R. Gordon and Sean A.Timmons; Keith W. Vaughan appointed to Piedmont Triad Partnership)(Brief Article)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Former Buncombe County District Judge Peter Roda has joined the Asheville firm of McDowell and Moorefield as counsel. Roda, who retired after more than 26 years on the bench, will concentrate his...

N.C. Legal Community Obituaries: February 13, 2006.(George F. Bason, Judge)(Obituary)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Judge George F. Bason, Judge George F. Bason of Raleigh died Feb. 3 at age 79. Born in Raleigh, he joined the U.S. Navy in 1944 after graduating from Broughton High School. He received...

Two in Vance County accused of fraud for false mortgages.(Donald W. Gupton, Richard Meador)(Brief Article)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff The owner of a mobile home sales lot in Vance County and one of his employees were indicted on federal charges after they allegedly faked $11 million worth of mortgages on behalf of customers. ...

N.C. Legislative Commission holds first meeting on global warming.
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff A legislator and a scientist tangled Feb. 3 over whether the use of carbon-based fuels such as coal and gasoline contribute to global warming. During his talk to the first meeting of the...

Historic Nags Head cottage stands test of time.
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff The land beneath Stinson's Ranch is long gone, its spindly pilings teetering in the brackish water of the Roanoke Sound. The old cottage has weathered hundreds of storms and the assault of time....

Western N.C. county governments oppose Interstate 3.(North Carolina )(Brief Article)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Two western North Carolina county governments are formally opposing an interstate from Knoxville, Tenn., to Savannah, Ga., while two others say they agree with that position. The Macon County...

Bush budget would phase out funding for timber counties in 41 states.(George W. Bush)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff The Bush administration proposed last week phasing out a program that has pumped more than $2 billion into rural states hurt by logging cutbacks on federal land. The plan would cut in half...

Christian evangelicals launch environmental campaign to fight global warming.
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff A group of 86 evangelical Christians began a campaign on Feb. 9 that links their faith with an attempt to fight global warming. The leaders, who face opposition from some conservative...

U.S. Court of Appeals 4th Circuit Case Summaries: February 13, 2006.
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Admiralty Salvage Law - Titanic - Jurisdiction A Norfolk federal district court did not have jurisdiction over certain artifacts salvaged in 1987 from the wreck of the Titanic, in order...

U.S. Bankruptcy Court Case Summaries: February 13, 2006.
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Adequate Protection - Secured Collateral - Depreciation - Pre- Confirmation Payments - BAPCPA Where the creditor's collateral is depreciating, the adequate protection...

N.C. Court of Appeals Case Summaries: February 13, 2006.(Torts and Negligence case)(Parker v. Hensley)(False Imprisonment case)(Domestic Relations case)
February 13, 2006... Byline: North Carolina Lawyers Weekly Staff Attorneys Virginia Lawyer - Pro Hac Vice Motion - Denial - Unauthorized Practice of Law - Civil Practice - Discovery - Sanctions Where the U.S. Constitution does not obligate state courts...

Charlotte broker gets $2.47M defamation award over firing.(Van Pelt v. USB Financial Services, Inc. et al)
February 20, 2006... Byline: Ertel Berry A Charlotte stockbroker who claimed he was defamed in a form reporting his termination to regulatory officials has won a $2.47 million arbitration award against his former employer. The award in Van Pelt v. USB...

The 'Civil' Litigator: Raleigh defense lawyer offers eight guidelines.(Dan McLamb)
February 20, 2006... Byline: Michael Dayton Want to avoid trench warfare with opposing counsel? Sometimes it's as simple as taking a hard look in the mirror, says Raleigh lawyer Dan McLamb. During his 30 years of practice, McLamb has collected what he...

Surveillance video keys defense verdict in Pitt County rear-end wreck.
February 20, 2006... Byline: Ertel Berry A Pitt County jury has returned a defense verdict in a case that's normally tough to defend a high-speed rear-end collision with a plaintiff who had high medical bills and expert evidence of permanent and total...

N.C. Court of Appeals upholds homeowner assn.'s rejection of detached garage.(Pendleton Lake Homeowners Association, Inc. v. Carnell)
February 20, 2006... Byline: Michael Dayton A Feb. 7 decision has shot down the appeal of property owners who tried to erect a detached garage in their Raleigh subdivision after the homeowners' association said the proposal didn't fit the general tone of the...

N.C. Assn. of Defense Attorneys-N.C. Academy of Trial Lawyers CLE: Giving peace a chance.(continuing legal education)
February 20, 2006... Byline: Michael Dayton A few years ago, a reporter for the Charlotte Observer called. He was fishing for a quote on Nelson v. Freeland, the landmark Supreme Court ruling that abolished the licensee-invitee distinction in premises liability...

N.C. Lawyers in the News: February 20, 2006.(North Carolina)(Maupin Taylor appoints Mark Hamlet, Erica Thomas )
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Mark Hamlet and Erica Thomas have joined Maupin Taylor's Wilmington office, Hamlett as of counsel and Thomas as an associate. Formerly at another Wilmington firm, Hamlet litigates in the areas of...

The five biggest marketing mistakes lawyers make.
February 20, 2006... Byline: Nora Lockwood Tooher (The following article was originally published in Lawyers Weekly USA, Boston, MA., another Dolan Media publication).Each year, law firms start out with the best of marketing intentions. But too often, they're...

N.C. Legal Obitituaries: February 20, 2006.(Allen A. Bailey, Joyce L. Davis, James B. Wolfe)(Obituary)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Allen A. Bailey Charlotte lawyer Allen A. Bailey died Feb. 10 at age 81. After serving in the U.S. Army in World War II, he entered Wake Forest University, where he received his law...

Verdicts & Settlements February 20, 2006: Teen recovers $1.35M after surgery for chest deformity.(Brief Article)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical negligence Injuries alleged: Injuries to his body and mind; pain and suffering; severe emotional distress; scarring and disfigurement Name of case: Confidential...

Verdicts & Settlements February 20, 2006: Bus/pedestrian accident results in $2.25M settlement.
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Motor vehicle (bus) negligence Injuries alleged: Wrongful death Name of case: Confidential Court/county: Confidential Case no.: n/a Tried before: Mediation...

Verdicts & Settlements February 20, 2006: Estate of nursing home resident recovers $1M for alleged t.
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Nursing home negligence Injuries alleged: Death Name of case: Confidential Court/county: Confidential Case no.: n/a Tried before: Settled on fifth day of...

Verdicts & Settlements (February 20, 2006) Verdicts & Settlements February 20, 2006: Undocumented al.(workers' compensation case)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: This was a workplace accident in which a general construction laborer was knocked from the roof of a structure under construction by roof trusses that were being swung...

Verdicts & Settlements February 20, 2006: Dare County jury awards landowner $1.7M.(Dept. of Transportation v. The Marshall C. Collins Family Limited Partnership)(Brief Article)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Eminent domain Injuries alleged: Taking by DOT for construction of rest stop/visitors' center on Roanoke Island Name of case: Dept. of Transportation v. The Marshall C....

Verdicts & Settlements February 20, 2006: Jury finds no damage causation in rear-end wreck case.(Overfield v. Safelight Glass et al Partnership)(Brief Article)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Trucking accident; rear-end collision; negligence admitted Injuries alleged: Cervical spine injuries requiring fusion; lumbar spine injuries requiring fusion; alleged thoracic...

Verdicts & Settlements (February 20, 2006) Verdicts & Settlements February 20, 2006: Waterway hazar.(maritime law case)(Brief Article)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Admiralty/personal injury Injuries alleged: Wrongful death; negligent infliction of emotional distress Name of case: Confidential Court/county: Confidential Case...

Verdicts & Settlements February 20, 2006: Farm owners get $1.775M for Clayton Bypass condemnation.(N.C. Dept. of Transportation v. Confidential)(Brief Article)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Condemnation Injuries alleged: Taking of 77.98 acres in new right-of-way for the construction of the Clayton Bypass Name of case: N.C. Dept. of Transportation v....

Verdicts & Settlements (February 20, 2006) Verdicts & Settlements February 20, 2006: Fired stockbrok.(Van Pelt v. UBS Financial Services, Inc. et al, defamation case)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful termination and defamation Injuries alleged: Damages from wrongful termination and defamation Name of case: Van Pelt v. UBS Financial Services, Inc. et al ...

U.S. Court of Appeals 4th Circuit Case Summaries: February 20, 2006.(Deiter v. Microsoft Corp.)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Antitrust Consumer Protection - Civil Practice - Class Certification - 'Enterprise' Customer Exclusion In this antitrust litigation against Microsoft Corp., the district court did not...

N.C. Supreme Court grants rehearing in police speeding case.(Jones v. City of Durham)
February 20, 2006... Byline: Ertel Berry The Supreme Court has announced it will take another look at a 5-2 decision in favor of a Durham police officer who ran over a pedestrian while responding to another officer's calls for backup. In an order issued...

U.S. District Court Eastern District Case Summaries: February 20, 2006.(Employee Retirement Income Security Act of 1974, Mandatory Victims Restitution Act of 1996, Medicaid Act)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Medicaid Provider - Claims Processor - 42 U.S.C. 1983 - No Individual Right of Action Where the Medicaid Act subsections cited by the plaintiffs do not create privately...

U.S. Bankruptcy Court Case Summaries: February 20, 2006.(Ivey v. Graham)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Automatic Stay - Motion to Extend - BAPCPA - Third Case - Medical Problems Where the debtors' multiple bankruptcy filings are due to the female debtor's medical problems, and...

N.C. Court of Appeals Unpublished Case Summaries: February 20, 2006.(North Carolina )
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Licenses & Permits - Driver's License Suspension - DWI Arrest - Intoxilyzer - Willful Refusal Even though the petitioner did blow into the Intoxilyzer, since he did not...

N.C. Administrative Hearings Case Summaries: February 20, 2006.(Bledsoe v. N.C. Department of Environmental & Natural Resources, Division of Land Quality, Friendly Elm Rest Home (60) v. North Carolina Department of Health & Human Services, Division of Facility Services)
February 20, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Adult Care Facility - Regulation Violations - Extended Investigation - Penalty Even though the respondent took more than 30 days to conclude its investigation, it may...

North Carolina's judicial code now gender-neutral.
February 27, 2006... Byline: Michael Dayton For years, the state's Code of Judicial Conduct referred to judges only as "he" or "him." No more. The state Supreme Court has revised the rules to make them gender-neutral. Previously, there were...

Appeals Court holds prenup voidable for lack of asset disclosure.(Kornegay v. Robinson)
February 27, 2006... Byline: Ertel Berry A Duplin County wife can go to trial on claims that her prenuptial agreement was void because her fiance didn't disclose his assets before the deal was signed, the Appeals Court held Feb. 21. If the 2-1 opinion...

Charlotte-based Kennedy Covington announces enhanced compensation packages for associates.(in law firms)(Brief Article)
February 27, 2006... Byline: North Carolina Lawyers Weekly Staff Charlotte-based Kennedy Covington has joined the recent round of salary increases for associates at the Carolinas' largest law firms. Effective April 1, the pay for Kennedy Covington's...

Kilpatrick Stockton patent team ranked in top 10.(Brief Article)
February 27, 2006... Byline: North Carolina Lawyers Weekly Staff Kilpatrick Stockton's patent litigation practice ranked in the top 10 in the February 2006 IP Law360 survey, which ranks the top 100 patent litigation practices in the United States. The survey...

NC Central Univ. to hold forum on court system.(North Carolina Central University Department of Political Science )(Brief Article)
February 27, 2006... Byline: North Carolina Lawyers Weekly Staff The North Carolina Central University Department of Political Science will sponsor a forum titled "The Court System: Is Justice Blind?" on Tuesday in the A.E. Student Union. The focus of the...

North Carolina Lawyers in the News: February 27, 2006.(Alan Duncan joins American College of Trial Lawyers)(Mary Euler joins McGuire, Wood & Bissette)(Marshall Hurley joins Crumley & Associates )
February 27, 2006... Byline: North Carolina Lawyers Weekly Staff Alan Duncan of Smith Moore LLP in Greensboro has been inducted as one of three new N.C. fellows in the American College of Trial Lawyers. His law practice includes litigation and health care....

Alvin O. Chambliss named NC Central Univ. School of Law Charles Hamilton Houston Chair.(North Carolina Central University School of Law)(Brief Article)
February 27, 2006... Byline: North Carolina Lawyers Weekly Staff Attorney Alvin O. Chambliss has been named as the North Carolina Central University School of Law Charles Hamilton Houston Chair for the spring semester, according to a release. He will teach a...

U.S. Court of Appeals 4th Circuit Case Summaries: February 27, 2006.(Habeas corpus case)(Robinson v. Polk, Warden)(insurance and racial discrimination case)(Thorn v. Jefferson-Pilot Life Ins. Co)(employment and age discrimination case)(Laber v. Harvey)
February 27, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Fraudulent Transfer - Bermuda Real Estate - Ch. 7 A U.S. bankruptcy court can avoid a constructively fraudulent transfer of real estate in Bermuda between debtor, a U.S....

N.C. Court of Appeals Case Summaries: February 27, 2006.(Domestic relations and child custody case)(Everette v. Collins)(Termination of parental rights case)(Torts and negligence case)(Builders Mutual Insurance Co. v. North Main Construction, Ltd)(North Carolina )
February 27, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Medical Equipment - Certificate of Need - MRI Machine Where G.S. 131E-183(a)(3) requires that each applicant "reasonably project" the procedures it will perform in its...

Company's CGL Policy Excluded Wreck Victim's Negligent Supervision Claims.(commercial general liability)(Builders Mutual Insurance Company v. North Main Construction, Ltd)
February 27, 2006... Byline: Ertel Berry A Wake County construction company's CGL policy did not cover a wreck plaintiff's claims that the company negligently hired, supervised and retained the driver who hit her, the Appeals Court held Feb. 21. The reason:...