North Carolina Lawyers Weekly articles from February 2008

North Carolina Lawyers Weekly archives from February 2008

Commentary: What do lawyers want from mediators? A mediator picks their brains to find out.
February 4, 2008... Byline: Roy Baroff Several years ago, Mel Gibson played a marketing exec trying to get inside the mind of potential female customers in the hit movie "What Women Want." The executive was struck by lightning and then could "hear" the...

N.C. Lawyers In the News: February 4, 2008.(North Carolina)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Kenneth L. Burgess, a partner with Poyner & Spruill in Raleigh, has been appointed to the legal committee of the American Health Care Association for a 3-year term. He is a long-term care attorney...

Mecklenburg Bar wins YMCA Spirit Award.(Mecklenburg County Bar bags Martin Luther King Spirit Award)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff The Mecklenburg County Bar was recently honored by the McCrorey Family YMCA with a Martin Luther King Spirit Award. The Bar was recognized for its community service and outreach programs in the...

N.C. Legal Obituaries: February 4, 2008.(North Carolina)(Obituary)(Brief article)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Anne Isaac Greensboro family law practitioner Anne Isaac died Jan. 20, 2008. Despite being ill with cancer, she made a courthouse appearance, in which she represented a client, only five days...

N.C. Supreme Court strikes arbitration clause.(North Carolina)
February 4, 2008... Byline: Guy Loranger In a landmark decision, the state Supreme Court has ruled that a lender could not force borrowers into arbitration based on a boilerplate clause in their loan agreement that the high court found to be "unconscionable."...

Meeting of Minds: Brain injury conference brings together plaintiff and defense lawyers.
February 4, 2008... Byline: Diana Smith Scientists and medical experts agree -- the mind is a mystery. The challenge for lawyers handling traumatic brain injury cases -- from either the plaintiff or defense side -- is how to make sense of that mystery. ...

N.C. Superior Court declares revised DWI laws 'unconstitutional'.(North Carolina)
February 4, 2008... Byline: Guy Loranger A Mecklenburg County Superior Court judge has ruled that the legislature went too far in its overhaul of the state's DWI laws when it gave prosecutors the right to immediately appeal district court rulings in DWI...

N.C. Supreme Court to decide if medmal experts were 'qualified'.(North Carolina)
February 4, 2008... Byline: Guy Loranger The state Supreme Court will decide whether a neurologist and two emergency medicine physicians were qualified to testify at a Wake County medical malpractice trial even though their fields of expertise differed from...

Fourth Circuit splits over addict's risk of relapse in benefits case.
February 4, 2008... Byline: Fred Horlbeck A nurse anesthetist addicted to a hospital narcotic more powerful than heroin could not receive long-term disability benefits after undergoing rehab, even though his risk of relapse meant he couldn't return to his...

N.C. Bar Assn. Foundation dedicates Dixon fund, honors lawyer.(North Carolina Bar Association's Charles D. Dixon Restricted Justice Fund)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff The Charles D. Dixon Restricted Justice Fund was dedicated recently during a special NCBA Foundation Justice Fund ceremony at the N.C. Bar Center in Cary. Dixon and his wife, Dorothy, were...

N.C. Supreme Court rules punitives can't be recovered from dead defendant's estate.(North Carolina)
February 4, 2008... Byline: Guy Loranger A plaintiff in a Martin County automobile negligence lawsuit cannot seek punitive damages from the dead defendant's estate, the Supreme Court ruled Jan. 25. In a 5-2 decision, the majority rejected the plaintiff's...

N.C. Industrial Comm. Case Summaries: February 4, 2008.(North Carolina)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Causation - Left Leg Injury - Right Knee Pain - Insufficient Showing Dorsey v. The Pantry. (Lawyers Weekly No. 08-08-0124, 6 pp.) (Buck Lattimore, Commissioner)...

N.C. Supreme Court Case Summaries: February 4, 2008.(North Carolina)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Arbitration Adhesion Contract - Banks & Banking - Costs & Exclusions - Credit Insurance Tillman v. Commercial Credit Loans, Inc. (Lawyers Weekly No. 08-06-0106, 63 pp.) (Patricia...

U.S. Bankruptcy Court Case Summaries: February 4, 2008.
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Involuntary Petition - Discharge Denial - Obtaining Property by False Pretenses - Property Transfer - Intent to Defraud Callaway v. Hargrove. (Lawyers Weekly No. 08-05-0123, 8...

U.S. Court of Appeals 4th Circuit Case Summaries: February 4, 2008.
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Admiralty COGSA - Cargo Damage Maersk Line Ltd. v. U.S. (Lawyers Weekly No. 08-01-0137, 8 pp.) (Gregory, J.) No. 07-1013, Jan. 28, 2008; USDC at Norfolk, Va. (Smith, J.) 4th Cir. In...

U.S. District Court Eastern District Case Summaries: February 4, 2008.(Brief article)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Attachment & Garnishment - Affidavits - Insufficient Allegations - Fraud Allstate Insurance Co. v. Weir. (Lawyers Weekly No. 08-02-0120, 9 pp.) (James C. Dever III, J. -...

Verdicts & Settlements February 4, 2008: Damages result in $1.5M verdict for loss of loan proceeds.(Brief article)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff The case was remanded from the Court of Appeals from an October 2006 opinion that reversed the trial court's entry of default judgment in favor of the plaintiffs in the amount of $515,000 plus...

Verdicts & Settlements February 4, 2008: Settlement where child lost sight in eye.(Brief article)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff The minor became a patient of the optometrist at age two. Annual routine eye exams were performed, all of which were normal until the minor was eight years old and showed decreased visual acuity...

N.C. Industrial Comm. Case Summaries: February 4, 2008.(North Carolina Industrial Commission)
February 4, 2008... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Injury by Accident - Machine Repair - Awkward Position - Rotator Cuff Tear Strickland v. Martin Marietta Materials. (Lawyers Weekly No. 08-08-0125, 9 pp.) (Bernadine...

N.C. Court of Appeals changes analysis in deciding subrogation dispute.(North Carolina )
February 11, 2008... Byline: Fred Horlbeck A first-impression decision on the compensability of breast implant replacements, initially issued and withdrawn in October and again in November, has reappeared in the Court of Appeal's latest batch of cases. ...

Unexpected implant publicity 'out of control,' N.C. lawyer says.(Anne R. Harris )
February 11, 2008... Byline: Fred Horlbeck A Court of Appeals ruling that breast implant replacements are compensable under N.C. workers' compensation law has stirred up a media storm, flooding the plaintiff and her lawyer with unwanted scrutiny. On...

Punitives upheld in salesman's malicious prosecution claim against Charlotte department store.(Dillard's Inc.)
February 11, 2008... Byline: Guy Loranger A part-time shoe salesman could recover punitive damages against his former employer -- a Charlotte department store -- for pressing embezzlement charges against him, the Court of Appeals has ruled in a 2-1 decision....

N.C. Supreme Court says hospital's duty of care didn't include protecting patient from self-harm.(North Carolina )
February 11, 2008... Byline: Fred Horlbeck The Supreme Court has affirmed a lower court ruling that a hospital had no duty to protect an involuntarily committed patient from self-harm even though he had slashed himself with a boxcutter in hopes of being dosed...

North Carolina Lawyers in the News: February 11, 2008.
February 11, 2008... Byline: North Carolina Lawyers Weekly Staff Reports Former Lt. Gov. Dennis A. Wicker, an attorney at Helms Mulliss & Wicker, has been selected by Business Leader magazine as a Triangle Area Impact Business Leader for 2008. Wicker, who is...

North Carolina Legal Obituaries: February 11, 2008.(Obituary)
February 11, 2008... Byline: North Carolina Lawyers Weekly Staff Reports Robert Stubbs Hight Robert Stubbs Hight, a longtime Vance County attorney, has died. He was 79. Hight, who earned his law degree from the University of North Carolina at Chapel...

Commentary: How to file 2007 State Bar CLE annual report forms.
February 11, 2008... Byline: Debra Holland Not only does the end of January bring winter weather, but it also deposits the N.C. State Bar CLE Annual Report Forms in the mailboxes of 22,000 attorneys. These forms contain a transcript of CLE classes taken in...

N.C. Court of Appeals basks in well-wishers' praise and awe.(North Carolina )
February 11, 2008... Byline: Diana Smith The state Court of Appeals commemorated its 40th anniversary with formal ceremonies on Jan. 31 in its Raleigh courtroom. Past and present judges and justices, along with guest speakers Gov. Michael Easley and N.C....

Attorney has unique view of North Carolina Court of Appeals.(Charlie Wall)(Interview)
February 11, 2008... Byline: Guy Loranger Since the Court of Appeals went to work in 1968, there have been 65 judges to serve on its bench -- and one beagle. Charlie Wall belonged to the family of Judge Walter E. Brock -- one of the court's original six...

N.C. Court of Appeals timeline.(North Carolina )(Chronology)
February 11, 2008... Byline: North Carolina Lawyers Weekly Staff Reports 1955 Gov. Luther Hodges asks the N.C. Bar Association to form a 21-member committee of lawyers and non-lawyers (including civic leaders and newspaper editors) to study an overhaul of...

Despite 'concerns,' N.C. Court of Appeals upholds divorce judgment.(North Carolina)
February 11, 2008... Byline: Guy Loranger A Granville County trial judge who rejected a Maryland doctor's claim that he never signed a document that gave North Carolina jurisdiction in a divorce action did not abuse his discretion, the Court of Appeals has...

N.C. Business Court Case Summaries: February 11, 2008.(North Carolina )
February 11, 2008... Byline: North Carolina Lawyers Weekly Staff Contract Stockholder Agreement - Repurchase Obligation - Price Classic Coffee Concepts, Inc. v. Anderson. (Lawyers Weekly No. 08-15-0139, 14 pp.) (Albert Diaz, J.) N.C. Bus. Ct. ...

U.S. Court of Appeals 4th Circuit Case Summaries: February 11, 2008.
February 11, 2008... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Prior Discharge - Foreclosure Avoidance Branigan, Trustee v. Bateman. (Lawyers Weekly No. 08-01-0175, 18 pp.) (Williams, J.) No. 07-1030, Feb. 4, 2008; USDC at Greenbelt, Md....

U.S. District Court Middle District Case Summaries: February 11, 2008.
February 11, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Motion to Intervene - Declaratory Judgment Action - Insurance Coverage - Underlying Tort Action National Union Fire Insurance Co. of Pittsburgh PA v. Reichhold, Inc....

N.C. Court of Appeals.(North Carolina Court of Appeals)
February 11, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Statute of Limitations - Defendant's Death - Complaint Amendment - No Relation Back Reece v. Smith. (Lawyers Weekly No. 08-07-0149, 8 pp.) (Donna Stroud, J.) Appealed from...

North Carolina Lawyers in the News: February 18, 2008.
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff Reports Attorney Anthony Fox has been elected to the board of directors of Parker Poe Adams & Bernstein. A graduate of North Carolina Central University School of Law, Fox will serve a three-year...

North Carolina Business Court sanctions client, out-of-state counsel.
February 18, 2008... Byline: Guy Loranger The N.C. Business Court has sanctioned a Kansas plaintiff and his California lawyers, saying that their failure to communicate with each other delayed the resolution of a shareholder derivative action of dubious merit....

N.C. lawyers represent Native Americans in class-action suit.(North Carolina)
February 18, 2008... Byline: Fred Horlbeck Imagine 138 million acres, a vast space that is the last bastion of an entire native population that for decades has been subjected to slaughter and expulsion. Now imagine those people learning that the lands set...

N.C. Court of Appeals says pre-trial research qualified Atlanta dentist as an expert.(North Carolina)
February 18, 2008... Byline: Guy Loranger An Atlanta dentist could testify as an expert in a case against a Charlotte oral surgeon, even though he earlier had testified that he knew nothing of the Charlotte's dental community and believed in a national...

Nature's easements: Land conservation hitting record numbers in Carolinas.
February 18, 2008... Byline: DIANA SMITH, Staff writer T. Heyward Carter Jr. spent nearly seven days a week in his law office at the end of 2007. The Charleston, S.C., tax attorney used those extra hours to finalize conservation easements between...

North Carolina Legal Obituaries: February 18, 2008.(Obituary)(Brief article)
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff Reports Robert S. Hight Robert Stubbs Hight, 79, of Henderson, died Feb. 2. He was a partner in the Hight, Faulkner and Care law firm and a veteran of the U.S. Navy. Elizabeth Rollins...

Federal district court says lender's loan-related services were 'bona fide' under statute.
February 18, 2008... Byline: Guy Loranger A lender's mortgage-settlement agent provided "bona fide" services in connection with a Johnston County couple's home-improvement loan, even though the agent lacked a law license, a federal district court has ruled....

N.C. Business Court Case Summaries: February 18, 2008.(North Carolina)
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff Attorneys Shareholder's Derivative Suit - Fiduciary Duties Egelhof v. Szulik. (Lawyers Weekly No. 08-15-0195, 14 pp.) (Ben Tennille, J.) N.C. Bus. Ct. Where plaintiff was a casual...

NC Court of Appeals Unpublished Case Summaries: February 18, 2008.(North Carolina)
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff Contract Requirements - Equipment Rental - DOT - Mowers Buchanan v. North Carolina Department of Transportation. (Lawyers Weekly No. 08-16-0184, 7 pp.) (James A. Wynn Jr., J.) Appealed...

U.S. Court of Appeals 4th Circuit Case Summaries: February 18, 2008.
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative EEOC - Jurisdiction - Federal Employees Long Term Care Partners LLC v. U.S. (Lawyers Weekly No. 08-01-0188, 26 pp.) (Duncan, J.) No. 06-1930, Feb. 5, 2008; USDC at...

U.S. District Court Eastern District Case Summaries: February 18, 2008.
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Social Security - Disability - Treating Physicians' Testimony - Jobs in National Economy Stephens v. Astrue. (Lawyers Weekly No. 08-02-0194, 6 pp.) (Terrence W. Boyle, J....

Verdicts & Settlements February 18, 2008: Interstate tractor-trailer collision leads to settlement.
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff While the plaintiff drove to a job site in South Carolina on Sept. 14, 2004, his van was hit by a tractor-trailer, flipping several times down I-95 just outside of Rowland. The driver fled...

Verdicts & Settlements February 18, 2008: Jury awards $2M to child's estate in medmal case.(medical malpractice)(Brief article)
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff A one-year-old child was sent to the hospital for admission by her pediatrician for viral symptoms, including diarrhea and dehydration. The hospital triage nurse determined that when the child...

Verdicts & Settlements February 18, 2008: Remainder beneficiaries to receive $350K in settlement.(Brief article)
February 18, 2008... Byline: North Carolina Lawyers Weekly Staff The plaintiffs were remainder beneficiaries of a trust created under the terms of their father's will. Their stepmother, the decedent's widow, was to receive income from the trust during her...

North Carolina Legal Obituaries: February 25, 2008.(Elizabeth Rollins; Braxton Schell)(Obituary)
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff Reports Elizabeth Rollins Retired Greensboro attorney Elizabeth Rollins, 82, died Feb. 4. She had served in private practice for 56 years as a partner in the law firm of Turner, Rollins,...

History of note: N.C.'s first female appellate clerks.(North Carolina)(Letter to the editor)
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff I want to congratulate and thank you for the excellent coverage that you gave to the recent celebration of the 40th anniversary of the North Carolina Court of Appeals. I was especially pleased to...

N.C. Court of Appeals says state not required to return interest on unclaimed property.(North Carolina)
February 25, 2008... Byline: Guy Loranger The state can keep the interest earned on abandoned property that was in state custody before the property was returned to its original owners, the Court of Appeals ruled. The unanimous, first-impression decision...

North Carolina Court of Appeals says parking firm not liable for 'booting' man's car.
February 25, 2008... Byline: Guy Loranger Two companies operating a private downtown Raleigh parking lot could clamp a boot on a local lawyer's car after he parked it in somebody else's reserved space, the Court of Appeals ruled. Raleigh lawyer Frank S....

Living history: Groundbreaking civil rights stand defines three generations in North Carolina.(Floyd McKissick III )
February 25, 2008... Byline: Guy Loranger The e-mails usually arrive in February during Black History Month. Classmates, friends and even total strangers will write Floyd McKissick III to say how much they appreciate what his family has done. "It's a...

N.C. State Bar OK's five guidelines for advertising lawyer rankings.(North Carolina)
February 25, 2008... Byline: Fred Horlbeck Attention, North Carolina lawyers: If a publication puts you on a list of super, elite, or best attorneys, your options are limited when it comes to advertising the ranking. The State Bar recently gave final...

North Carolina Lawyers in the News: February 25, 2008.
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff Reports Attorney Jason Kay has joined the N.C. Institute for Constitutional Law as a senior staff attorney. He will litigate issues promoting the principles of limited and open government and...

N.C. Business Court Case Summaries: February 25, 2008.(North Carolina)(Brief article)
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Prior Action Pending - First to File - Federal Court - Electronic Filing Signalife, Inc. v. Rubbermaid, Inc. (Lawyers Weekly No. 08-15-0196, 6 pp.) (Albert Diaz, J.) N.C....

N.C. Court of Appeals Case Summaries: February 25, 2008.(North Carolina)
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff Attorneys Disbarment - Client's Property - Misappropriation North Carolina State Bar v. Ethridge. (Lawyers Weekly No. 08-07-0204, 23 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J.,...

N.C. Industrial Comm. Case Summaries: February 25, 2008.(North Carolina Industrial Commission)
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Occupational Disease - Thrombosed Hemorrhoid - Heavy Lifting - Tire Builder Walters v. Goodyear Tire & Rubber. (Lawyers Weekly No. 08-08-0197, 5 pp.) (Danny Lee...

U.S. Court of Appeals 4th Circuit Case Summaries: February 25, 2008.
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Removal Convention Against Torture Saintha v. Mukasey. (Lawyers Weekly No. 08-01-0229, 15 pp.) (Duncan, J.) No. 06-2304, Feb. 14, 2008; On Petition for...

Verdicts & Settlements February 25, 2008: Child's family settles with housing authority.
February 25, 2008... Byline: North Carolina Lawyers Weekly Staff The minor plaintiff was five years old on Oct. 6, 2005, when she arrived home to her family's housing authority apartment in Kinston. A worker for the housing authority was working in the...