North Carolina Lawyers Weekly articles from January 2004

North Carolina Lawyers Weekly archives from January 2004

North Carolina U.S. Bankruptcy Court case summaries: January 5, 2004.
January 5, 2004... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Secured Transactions - Perfection - Post- Petition - Automatic Stay Violation - Car Title - Electronic Transmission Blocked Where the car dealer's initial attempt to...

North Carolina Court of Appeals unpublished case summaries: January 5, 2004.
January 5, 2004... Byline: North Carolina Lawyers Weekly staff Civil Practice Appeals - Interlocutory - Different Defendants - Unrelated Claims - Tort/Negligence - Wrongful Death Even though the plaintiff's claims against both the county defendants...

Verdicts & settlements January 5, 2004: N.C. parents pay $1M settlement for son running red light.
January 5, 2004... Byline: North Carolina Lawyers Weekly staff Brief Statement of Claim: A 46-year-old former visiting professor at the University of North Carolina at Chapel Hill and father of two was killed by an SUV when a teenager ran a red light. ...

North Carolina judge rules employee can sue former employer for disability discrimination.
January 5, 2004... Byline: Ertel Berry A word processor who said a former employer gave her bad job references because of her back problems can sue for disability discrimination, a federal judge has ruled. The first-impression decision clarifies that...

North Carolina judge rules employee cannot sue for wrongful discharge.
January 5, 2004... Byline: North Carolina Lawyers Weekly staff An employee who claimed she was fired for refusing to disclose what medications she took for emotional problems cannot sue for wrongful discharge under state law, a federal judge has ruled. ...

North Carolina court rules grocery store is not liable for 'slip-and-fall' accident.
January 5, 2004... Byline: Michael Dayton Even though a Winterville Food Lion shopper slipped and fell on ground beef that allegedly "was so old it was unrecognizable," the meat's condition did not show the store should have known it was on the floor and...

North Carolina attorney obituaries.(Obituary)
January 5, 2004... Byline: North Carolina Lawyers Weekly staff James L. Lassiter Retired Winston-Salem lawyer James L. Lassiter died Nov. 28. He was 93. A graduate of N.C. Central University School of Law, he was district manager of Winston Mutual...

North Carolina U.S. Court of Appeal case summaries: January 5, 2004.
January 5, 2004... Byline: North Carolina Lawyers Weekly staff Civil Rights Search & Seizure - Traffic Stop - Drug Seizure Where a South Carolina state trooper stopped plaintiff's car for following another vehicle too closely, and upon smelling the...

North Carolina U.S. District Court case summaries: January 5, 2004.
January 5, 2004... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - ADA - Former Employee - References - Confidential Medical Information Even though the plaintiff is no longer disabled and no longer works for the...

North Carolina U.S. District Court case summaries: January 5, 2004.
January 5, 2004... Byline: North Carolina Lawyers Weekly Staff Municipal Zoning - Constitutional - Vagueness - Due Process - Sea Wall Construction Even though the town's lake structures regulation gave property owners two ways to locate the lake...

North Carolina Lawyers In The News: January 5, 2004.
January 5, 2004... Byline: North Carolina Lawyers Weekly Staff Penni Bradshaw has been named board of directors chair of Goodwill Industries of Northwest North Carolina, to serve a one-year term beginning Jan. 1. An active Good-will volunteer for over 10...

Employment salary increase triggers 'coming and going' N.C. Appeals Court ruling.
January 5, 2004... Byline: Ertel Berry An employee who wrecked while driving to a client's plant from a house his employer provided could get comp benefits -- despite the "coming and going" rule, the Appeals Court has held. The unpublished decision adds...

N.C. Unpublished Court of Appeals Case Summaries: January, 5, 2004.
January 5, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Practice Statute of Limitations - Contract - Campaign Consulting Services - Estoppel - Promise to Pay - Agency - Statute of Frauds Even though the defendant contends the...

N.C. Appeals Court rules sellers' signs, plat created contract for lake access.
January 12, 2004... Byline: Ertel Berry A couple who thought a Davidson County lot they purchased gave them access to High Rock Lake -- because the subdivision's signs and a recorded plat said so -- can sue the sellers for breach of contract, the Appeals...

Retiring N.C. Court of Appeals Chief Judge Eagles to join Smith Moore in Raleigh.(Smith Moore LLP appoints Sidney S. Eagles Jr.)
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff N.C. Court of Appeals Chief Judge Sidney S. Eagles Jr. will join the Raleigh office of Smith Moore LLP in February, according to a firm press release. A 21-year veteran of the court, he recently...

Sousa reelected to American Board of Certification.(Bettie Kelley Sousa )(Brief article)
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Bettie Kelley Sousa of the Raleigh firm of Smith Debnam Narron Wyche Saintsing & Myers, L.L.P has been elected to the board of directors of the American Board of Certification (ABC) for a second...

Cadwalader attorneys achieve billion dollar arbitration victory.(Cadwalader Wickersham and Taft LLP)(Brief article)
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Cadwalader Wickersham & Taft LLP, the attorneys for Sompo Japan Insurance Inc., has announced that it filed papers last month in North Carolina's U.S. Middle District to confirm a $1.119 billion...

Nielson named director at Bell, Davis & Pitt in Winston-Salem.(Bell, Davis and Pitt appoints Donald M. Nielsen )
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Donald M. Nielsen has been named a director of the Winston-Salem firm of Bell, Davis & Pitt, P.A, according to a release. His practice concentrates in environmental, land use, local government,...

Mooresville attorney William R. Pope dies at 85.(Obituary)(Obituary)(Brief article)
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff William Robert Pope of Mooresville died Jan. 2 at age 85. Pope received his law degree at the University of North Carolina. After service in the U.S. Navy during World War II, he began...

U.S. Court of Appeals 4th Circuit Case Summaries: January 12, 2004.
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Dischargeability of Debt - Tax Returns - Ch. 7 Where debtor "just didn't get around to filing his" income tax returns in 1990 and 1992, and did not submit income tax...

U.S. District Court Eastern District Case Summaries: January 12, 2004.
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Rights Race Discrimination Claim - Real Property - County Landfill - Location Even though the plaintiffs' claim under Sec. 601 of Title VI alleges disparate impact racial...

N.C. Court of Appeals Case Summaries: January 12, 2004.
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Administrative Standard of Review - First Impression - Ambulance License - Understaffing Violations - County Franchise Even though the petitioner did not object to the respondent's...

U.S. Bankruptcy Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Corporate Merger & Acquisition - Derivative Suit - Attorney Fees - Class Action Where the plaintiff in the shareholders' derivative suit failed to comply with the demand requirements of...

North Carolina Lawyers In The News: January 12, 2004.
January 12, 2004... Byline: North Carolina Lawyers Weekly Staff Kennedy Covington Lobdell & Hickman has named eight new partners. Stanford D. Baird is a member of the real estate department and has been with the firm's Charlotte office since 1996. He focuses...

N.C. Appeals Court rules buyers can bring fraud claims against seller for faulty septic tanks.
January 12, 2004... Byline: Ertel Berry The buyers of two Lake Wylie lots can bring fraud claims against a seller who allegedly told them the land was fine for septic tanks -- even though a records check would have shown septic tanks weren't suitable and the...

N.C. Appeals Court rules illegitimate daughter not entitled to inherit through intestate succession.
January 12, 2004... Byline: Michael Dayton Even though a Buncombe man openly acknowledged he'd fathered an illegitimate daughter, and DNA tests confirmed that fact, she was not entitled to inherit through intestate succession, the Court of Appeals ruled Jan....

N.C. Court of Appeals rules doctor can sue employer for breach of contract.
January 12, 2004... Byline: Ertel Berry An Iredell doctor who was fired by a pediatric practice for taking steps to open her own office can sue for breach of contract, the Court of Appeals held Jan. 6. Case law is clear that, even without a non-compete,...

Commentary: Surveys to enhance client and employee relationships.
January 12, 2004... Byline: Lee Rosen Online surveys are increasingly being tested in the legal community to track retainer performance and determine client satisfaction. As a referral-heavy profession, the legal community is vested in meeting client...

North Carolina Lawyers Weekly largest verdicts and settlements survey reveals other trends.
January 19, 2004... Byline: North Carolina Lawyers Weekly staff The rise in business cases is the big news from the latest Lawyers Weekly survey of large verdicts and settlements, but the list reveals other trends as well. One statistic from 2003 repeats...

North Carolina ten jury verdicts over $1M in 2003.
January 19, 2004... Byline: Ertel Berry A $5 million award to a Johnston County couple whose 11-year-old son was crushed by a van at school was the top contested jury verdict in the state last year, according to Lawyers Weekly's survey of large verdicts and...

North Carolina U.S. Court of Appeals case summaries: January 19, 2004.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Search & Seizure - Warrant Affidavit - Probable Cause - Cocaine Sale A search warrant application prepared by a Virginia police officer, based primarily on information...

North Carolina U.S. District Court case summaries: January 19, 2004.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Attorneys Fees - EAJA - Consent Order - Motion to Modify Even though the court denied the defendant's motion to modify the parties' consent order, since the court did not render a...

North Carolina U.S. District Court case summaries: January 19, 2004.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Practice Venue - Miller Act - Contract - Forum Selection Clause - Transfer Even though the forum selection clause in the plaintiff-subcontractor's contract sets venue in Maryland,...

North Carolina U.S. District Court case summaries: January 19, 2004.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Rights Criminal Practice - Pre- Conviction Activities - Prisons & Jails Where the exclusive means by which to challenge the legality of a criminal conviction in federal court is an...

North Carolina Court of Appeals unpublished case summaries: January 19, 2004.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Administrative Attorneys - Fee Award - Documentation Requirement - Fee Agreement Rate Even though a lower court order previously found that the petitioner had amended her fee agreement...

North Carolina Business Court case summaries: January 19, 2004.
January 19, 2004... Byline: North Carolina Lawyers Weekly staff Tort/Negligence Fraud - Economic Loss Rule - Contract - Minivans - Brake System - Civil Practice - Standing - Injunction - Preemption Where the plaintiffs have not been injured by their...

North Carolina former Congressman David N. Henderson dies on January 13, 2004.(Obituary)(Brief article)
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff David N. Henderson Former Congressman David Newton Henderson of Wallace died Jan. 13 at age 82 An Onslow County native, Henderson was a 1949 graduate of the University of North Carolina...

North Carolina's largest verdicts and settlements of 2003.
January 19, 2004... Byline: North Carolina Lawyers Weekly staff Insurance Law Class Action -- 'Vanishing Premiums' -- Whole Life Policies -- Fraud, Unfair Practices Alleged -- $55.3 Million Settlement Type of Action: Class action for insurance fraud...

Verdicts & settlements January 19, 2004: North Carolina med-mal suit settles at $2.35M.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Brief Statement of Claim: Patient receiving hydrochloric acid treatment for alkalosis dies following use of faulty intravenous infusion of acid into tissue rather than her vein. Principal...

Verdicts & settlements January 19, 2004: N.C. wrong death auto negligence suit settles for $1.75M.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Type of Action: Truck wreck, wrongful death Injuries Alleged: Death Name of Case: Confidential Court/Case #: Confidential Tried before: Mediation Name of mediator: Bob...

N.C. Lawyers Weekly survey shows top 2003 recovery to be claims of business misconduct.
January 19, 2004... Byline: Ertel Berry Claims of business misconduct -- from misrepresenting insurance premiums to running shady stock deals -- resulted in the top recoveries in 2003, according to the Lawyers Weekly survey of large verdicts and settlements....

Verdicts & Settlements January 19, 2004: Wrongful death in minor face-lift surgery settles for $1.9M.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Patient received mini face lift. CRNA gave extra dose of IV medicine for pain in recovery room. Cardiac arrest not properly recognized or treated. Brain injury leads to death several days later....

Verdicts & Settlements January 19, 2004: Chapter 75 business tort claim results in $1.52M verdict.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Claims were submitted to the jury for conversion of assets, tortious interference with economic advantage, Chapter 75, and punitive damages. The jury returned a verdict of $1,800 for conversion,...

Verdicts & Settlements January 19, 2004: Accounting malpractice claim results in $3.75M payout.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff In this case, plaintiff, a NASDAQ-listed public company ("plaintiff" or "company"), sued its former auditor, a national accounting and auditing firm (the "auditors"), over accounting disputes...

Verdicts & Settlements January 19, 2004: Work-caused paraplegia results in $5.5M settlement.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff A 61-year- old meter technician working for a subcontractor received severe electrical burns while installing meters in a newly constructed substation. Unknown to the worker, the owner of the...

Verdicts & Settlements January 19, 2004: Subcontractors and insurers settle for $7.9 over mold.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff General contractor and its surety claimed against several subcontractors and insurers on a hotel project that had become infested with mold. The general contractor and surety had settled with the...

Verdicts & Settlements January 19, 2004: N.C. auto negligence results in $1.6M settlement.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Plaintiff was passenger in vehicle that ran out of fuel. As plaintiff's vehicle was pulling to side of road, defendant failed to reduce speed and struck plaintiff's vehicle in rear at a high rate...

Verdicts & Settlements January 19, 2004: N.C. wrongful death suit results in $1.675M settlement.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Two persons died in a construction accident. The families hired the lawyers shortly after the incident and a detailed investigation ensued. In the view of plaintiffs' counsel, this investigation...

Verdicts & Settlements January 19, 2004: Auto negligence suit settles in mediation for $1.775M.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Merton Fairbank, age 59, a water softener technician, was driving his Culligan van when he was struck by an International dump truck driven by defendant Brown, who crossed the center line. Mr....

Verdicts & Settlements January 19, 2004: N.C. jury awards $4M to bridge collapse victims.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Cindy Taylor, a 33- year- old female, and Arthur Taylor, a 44- year- old male, were among those injured in the pedestrian bridge collapse at the Charlotte Motor Speedway on May 20, 2000. ...

Verdicts & Settlements January 19, 2004: N.C. jury awards battered woman $4.75M.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Woman beaten by boyfriend in 1998. She remained in a coma for weeks, then underwent lengthy rehabilitation until she could walk again. She sued for civil assault and battery. The boyfriend...

Verdicts & Settlements January 19, 2004: Breach of contract claim settles for $5M.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Embrex, a poultry bioengineering company located in Research Triangle Park, contracted with the Wyeth (formerly American Home Products) Fort Dodge Animal Health Division for Fort Dodge to develop,...

Verdicts & Settlements January 19, 2004: Breach of construction contract results in $5.5M settlement.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Traylor Bros., Inc. is an Indiana general contractor specializing in bridge and heavy marine construction. In 1995, Traylor Bros. was awarded a $92 million contract by the North Carolina...

N.C. Appeals Court rules homeowner must cut down trees blocking neighbor's view of Lake Norman.
January 19, 2004... Byline: Michael Dayton A homeowner must cut down two rows of trees that obscured his neighbor's view of Lake Norman, the Court of Appeals has ruled in an unpublished decision. The planting of the trees constituted an "improvement,"...

Verdicts & Settlements January 19, 2004: N.C. married couples' contract/promissory note suit.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff This was a suit on an unsecured promissory note given by four individuals (two married couples). The unsecured promissory note in the original principal amount of $2 million represented the...

Verdicts & Settlements January 19, 2004: Pharmacy malpractice leads to $3.75M settlement.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff On Dec. 1, 1999, a 20-month-old little girl was diagnosed with acute lymphocytic leukemia and was immediately admitted under the care of a pediatric oncologist. The next day, a bone marrow...

Verdicts & Settlements January 19, 2004: Lost trust income results in $6.3M settlement.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: This was a dispute over whether the Mary Taylor Williams and Bertha Colton Williams Trusts retained an interest in land under the will of Horace Williams, a UNC...

Verdicts & Settlements January 19, 2004: N.C. jury awards $8M in wrongful death suit.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff According to plaintiffs' counsel: Defendant, Joshua Freeman, was driving his grandfather's pickup on Feb. 22, 2000. He had two passengers, Michael Spicer and Daniel Wyatt. Joshua Freeman had...

North Carolina Law Firms Announce Staffing Changes: January 19, 2004.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Stephen Hader and Thomas "Tom" Myrick have joined the Charlotte office of Moore & Van Allen as members. Hader advises clients in business-related immigration matters and represents...

Verdicts & Settlements January 19, 2004: N.C. jury awards $2.95M to murdered woman's family.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Husband who stabbed and killed estranged wife was convicted of murder in 2000 and is serving a life sentence. He was sued for wrongful death by the daughters of the slain woman. According to...

Verdicts & Settlements January 19, 2004: Workers' comp suit settles for $3.2M for personal inju.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Claimant, a former police officer, suffered a closed head injury in an automobile collision which occurred while claimant was in pursuant of suspects. Claimant was confined to a nursing home and...

Verdicts & Settlements January 19, 2004: Auto negligence death suit settles for $3.529M.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Defendants insisted that if the settlement amount was reported, that certain identifying information remain confidential. Plaintiff's son was a first- grade student and was getting on the...

Verdicts & Settlements January 19, 2004: Corporate dissolution leads to $3.6M settlement.
January 19, 2004... Byline: North Carolina Lawyers Weekly Staff Several minority shareholders in a privately held company brought an action alleging breach of fiduciary duty against several officers, directors and majority shareholders of the corporation....

Verdicts & settlements January 26, 2004: automobile negligence results in $750K settlement.(Brief article)
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff Brief Statement of Claim: Defendant ran a stop sign and struck the driver's side of plaintiff's vehicle. Estimated speed at impact was 20 mph. Plaintiff was listed as injured on the accident...

North Carolina Appeals Court rules a dentist's post-separation disability is separate property.
January 26, 2004... Byline: Ertel Berry A dentist's post-separation disability benefits were his separate property, even though the insurance was funded by a marital asset -- his dental practice, the Appeals Court ruled Jan. 20. The first-impression...

North Carolina State Court of Appeals names Judge John C. Martin as new chief judge.
January 26, 2004... Byline: Michael Dayton Judge John C. Martin has been named new chief judge at the state Court of Appeals. Chief Justice I. Beverly Lake Jr. tabbed Martin last week to replace Chief Judge Sidney S. Eagles Jr., who is retiring Jan. 31....

North Carolina U.S. Court of Appeals 4th Circuit: January 26, 2004.
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Practice Collateral Estoppel - Antitrust - 'Critical & Necessary' Standard Where a District of Columbia district court in 1998 found Microsoft Corporation had illegally maintained...

North Carolina Court of Appeals: January 26, 2004.
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff Administrative Funeral Merchandise - Regulated Sales - 'Pre- Need' - Cemetery Sales - Constitutional - Due Process & Equal Protection Where pre-need sales of funeral supplies must be made...

North Carolina Department of Industrial Accidents.
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff Termination - No Constructive Refusal - Prior Violations - Delivery Truck Even though the plaintiff-driver's truck had been involved in four incidents in the weeks before his compensable...

North Carolina economy may be strengthening and reasons for tenants to renegotiate their leases.(Editorial)
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff Editor's note: The following is a press release from the Alliance of Tenant Representatives Six months ago lease rates were forecast to decrease in more than half the major markets in the...

Verdicts & settlements January 26, 2004: North Carolina automobile crash claim settles at over $1M.(Case overview)
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff Brief Statement of Claim: Defendant ran a red light and broadsided Plaintiff's vehicle. The impact propelled Plaintiff's vehicle across the intersection a distance of 72 feet and into a steel...

Verdicts & settlements January 26, 2004: jury awards over $34K for automobile negligence.(Brief article)(Case overview)
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff Type of Action: Motor vehicle negligence Injuries Alleged: Herniated disc in neck Name of Case: Dewey Harris v. Tiffany Cotton Court/County: Rockingham County Case No.: 02 CVS...

North Carolina retired Superior Court Judge James H. Pou Bailey dies at 86.(Obituary)(Obituary)(Brief article)
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff James H. Pou Bailey Retired Superior Court Judge James H. Pou Bailey of Raleigh died Jan. 20 at 86. Born in Baltimore, Md., he was a 1939 graduate of the University of North Carolina,...

N.C. Industrial Commission rules workers' comp will cover trucker who aided in fighting trash fire.
January 26, 2004... Byline: Ertel Berry A trucker who was hurt helping a sanitation worker put out a fire in a garbage truck suffered a job-related injury, the Industrial Commission has held. As a general rule, being a good samaritan isn't deemed part of...

North Carolina Lawyers In The News: January 26, 2004.
January 26, 2004... Byline: North Carolina Lawyers Weekly Staff At Schell Bray Aycock Abel & Abel in Greensboro, Gavin J. Reardon has returned from 18-months's mobilization with the Marine Corps in support of the war in Iraq. Maj. Reardon's primary billets...

N.C. Appeals Court allows passenger's testimony to show force of impact.
January 26, 2004... Byline: Michael Dayton Even though a Buncombe County driver couldn't introduce testimony from a passenger to show the severity of his own injuries in a truck-car collision, he could use it to show the force of the impact, the Appeals Court...

N.C. Industrial Commission rules employer must pay workers' comp for delay of write-up.
January 26, 2004... Byline: Ertel Berry Even though a delivery truck driver was fired after damaging his vehicle and equipment four times, that wasn't grounds to cut off his comp benefits, the Industrial Commission has held in a split decision. The...