North Carolina Lawyers Weekly articles from January 2005

North Carolina Lawyers Weekly archives from January 2005

North Carolina jury rules that a driver could raise necessity defense to drunk driving charges.
January 10, 2005... Byline: Ertel Berry A Yancey County man who put on evidence that he jumped into a runaway truck -- then tried to steer it away from other drivers and a nearby house --could raise a necessity defense to charges of drunk driving, the Appeals...

North Carolina Appeals Court affirms temporary disability for an injured employee who quit his job.
January 10, 2005... Byline: Ertel Berry Although employers can, in some cases, cut off workers' comp payments to injured employees whose employment has terminated, analysis of the issue depends on a key question: did the employment end voluntarily or...

Raleigh's Supreme Court and its law library relocates for renovation.
January 10, 2005... Byline: Michael Dayton For at least the next 12 months, lawyers looking for the Supreme Court clerk's office or the state law library will have to take a stroll down Raleigh's Fayetteville Street Mall. The high court and its library,...

North Carolina law firms announce job promotions.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Jason H. Scott of Charlotte has been elected partner at McGuireWoods, effective Jan. 1. Scott practices within the firm's corporate services department, where he focuses on finance and...

North and South Carolina Attorney Hugh Cannon dies on January 4, 2005.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Hugh Cannon Former N.C. lawyer Hugh Cannon died Jan. 4 in Charleston, S.C. Born in Lancaster, S.C., he was a Rhodes Scholar at Oxford University and a graduate of the Harvard School of...

North Carolina Court of Appeals case summaries: January 10, 2005.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Disability Discrimination - Nightclub - Elevator Installation In a lawsuit filed by a plaintiff who suffers from spina bifida, the 4th Circuit holds that a nightclub owner is...

North Carolina employment discrimination case summaries: January 10, 2005.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Tort/Negligence - Emotional Distress - Anthrax Hoax - Race & Sex Discrimination - Hostile Environment - Wrongful Termination - Negligent Supervision Where, in the fall...

North Carolina Court of Appeals case summaries: January 10, 2005.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Statute - Private Action - Block Grant - Poverty Reduction - Administrative Remedy Where the statute enacting the Community Service Block Grant program gives...

U.S. District Court of North Carolina case summaries: January 10, 2005.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Banks & Banking Wire Transfer - UCC - Article 4A - Laches - Inapplicable Where the plaintiff alleges that the defendant-bank wrongfully wired her money to a stranger's account, there are...

North Carolina district court case summaries: January 10, 2005.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Banks & Banking Loan Broker - Procurement & Guaranty - Consideration - Sports Supplements Business Where the defendant promised to and did procure a loan from a third party in return for...

North Carolina trial judge can order defendant to pay $7500 in attorney fees for auto wreck suit.
January 10, 2005... Byline: Ertel Berry Even though a wreck plaintiff's $4,500 verdict against a defendant was reduced by a $5,000 settlement with another driver -- resulting in a final judgment that awarded no damages -- a trial judge could still order the...

Burns to lead office of Morris, Manning & Martin's in Raleigh/Durham/Research Triangle Park area.
January 10, 2005... Byline: North Carolina Lawyers Weekly Staff Durham resident Keith D. Burns has been chosen to open the newest office of Morris, Manning & Martin, LLP. The office will serve the Raleigh/Durham/Research Triangle Park area, a firm release...

Announcement of the loss of North Carolina attorneys.
January 17, 2005... Byline: North Carolina Lawyers Weekly Staff Alvis A. Lee Alvis Augustus Lee, who practiced law in Greensboro before retiring in Florida, died Nov. 27, 2004, Lawyers Weekly has learned. Born in Charlotte, he received his law degree in...

North Carolina's business court must expand to keep up with burgeoning caseload.
January 17, 2005... Byline: Ertel Berry North Carolina's Business Court, which currently consists of a single judge in Greensboro, must expand to keep up with a burgeoning caseload, according to the final report issued by a commission examining the issue. ...

North Carolina lawyers debate about keeping consumer actions on docket.
January 17, 2005... Byline: Ertel Berry Although Business Court primarily handles complex corporate and commercial disputes between companies, consumer class actions also make up a significant part of its docket. Consumer actions accounted for four of the...

North Carolina jury awards $120K to a woman who slipped and fell on Food Lion's litter.
January 17, 2005... Byline: Ertel Berry A slip-and-fall plaintiff could beat a directed verdict motion with evidence that a Wilmington Food Lion's produce bins were tilted and overfilled -- and that the area was littered with crushed and dried fruit shortly...

North Carolina law firm is matching employee contributions to aid victims of South Asia Tsunami.(Kilpatrick Stockton)(Brief article)
January 17, 2005... Byline: North Carolina Lawyers Weekly Staff Kilpatrick Stockton is collecting funds for the millions of people affected by the devastating tsunami in South Asia, a release says. The firm is matching employee contributions to CARE...

North Carolina firm administrator earns official designation of certified legal manager.(Karen L. Morris)(Brief article)
January 17, 2005... Byline: North Carolina Lawyers Weekly Staff Firm administrator Karen L. Morris of Brooks, Pierce, McLendon, Humphrey & Leonard has earned the official designation of certified legal manager, according to a firm release. To obtain this...

North Carolina attorney personnel and management changes.
January 17, 2005... Byline: North Carolina Lawyers Weekly Staff Attorney Willie Darby was pictured in his hometown Oxford Public Ledger conducting a mock interview to prepare a student for a job search as part of a human resources development class at...

U.S. Court of Appeals case summaries: January 17, 2005.
January 17, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Qualified Immunity - Chasing Speeder - Toll Plaza Shooting Where police had been chasing a speeding motorist for 10 minutes, but one pursuing officer reported the driver had...

North Carolina Department of Industrial Accidents case summaries: January 17, 2005.
January 17, 2005... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Disability - Surgery - Lay Off - Economic Downturn Even though the plaintiff was taken out of work for surgery resulting from his compensable ear injury, since, after...

North Carolina Superior Court case summaries: January 17, 2005.
January 17, 2005... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - No Signature - Insurance - Public Adjuster Where the plaintiff-adjuster failed to show that either defendant-homeowner ever signed a contract which required...

Hoke/Graves Review Committee to hold initial meeting this week in Raleigh.
January 17, 2005... Byline: Michael Dayton A newly appointed State Bar committee will meet Tuesday in Raleigh to begin sorting through the questions and criticism raised by the Bar's handling of the controversial Hoke/Graves disciplinary case. "We will...

Insurance, business claims top North Carolina Lawyers Weekly verdict and settlement survey.
January 24, 2005... Byline: Ertel Berry A $400 million settlement of fraud claims against a North Carolina company over management of a billion-dollar premium pool for Japanese insurers was the top recovery in the state in 2004, according to the Lawyers...

Attorney and court costs fees struck by Court of Appeals in Wachovia shareholder lawsuit.
January 24, 2005... Byline: Ertel Berry Even if litigation brought by a group of Wachovia shareholders over a proposed merger benefited all the other shareholders, that wasn't grounds to award them attorneys' fees and costs, the Appeals Court held Jan. 18....

Winston-Salem lawyer Harold Lillard Kennedy Jr. dies.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Harold L. Kennedy Jr. Winston-Salem lawyer Harold Lillard Kennedy Jr. died Jan. 15 at age 78. Born in Winston-Salem, he went to undergraduate school at Virginia State University, where...

U.S. Court of Appeals 4th Circuit Case Summaries: January 24, 2005.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Search & Seizure - Warrant Application - Affidavit - Nexus Even though defendant contends the issuance of a warrant to search his residence did not comport with the...

Verdicts & Settlements Jan. 24, 2005: Non-payment of contract payment under merger agreement.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Business litigation Injuries alleged: Non-payment of contingent contract payment under merger agreement Name of case: John E. Skvarla III and J. Wayne Cannady as...

U.S. District Court Eastern District Case Summaries: Jan. 24, 2005.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Public Employees - Race Discrimination Claim - Poor Performance - New Position - Schools & School Boards Where the plaintiff performed poorly on the old data management...

U.S. District Court Western District Case Summaries: Jan. 24, 2005.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Race Discrimination Claim - Hostile Environment & Disparate Treatment - Single Remark - No Adverse Action Where the plaintiff was subjected to only one racial remark,...

N.C. Court of Appeals Case Summaries: January 24, 2005.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Arbitration Insurance - Workers Compensation - Policy Cancellation Where the arbitration clause in the parties' insurance contract is written very broadly, it encompasses the plaintiff's...

Verdicts & Settlements Jan 24, 2005: NC reinsurance pool mgr. loses in arbitration in fraud case.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: The parties reached a settlement after an arbitration panel in New York rendered a $1.119 billion award against Fortress Re, a North Carolina reinsurance pool manager. That award...

Verdicts & Settlements -January 24, 2005: Business law.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: According to a Feb. 6, 2003 judgment entered by U.S. Middle District Judge James A. Beaty, a jury found that ATL Ultrasound, Inc., now known as Phillips Medical Systems, committed...

Verdicts & Settlements -January 24, 2005: Antitrust law.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Class action Injuries alleged: Plaintiff's lawsuit claimed that Microsoft violated North Carolina's antitrust and unfair competition laws by overcharging consumers for certain...

Verdicts & Settlements -January 24, 2005: Constitutional.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Constitutional Injuries alleged: Failure to provide educational opportunities as required by state constitution Name of case: Hoke County Board of Education et al and...

Verdicts & Settlements -January 24, 2005: Insurance law.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Breach of insurance contract; unfair business practices Injuries alleged: According to a judgment entered by U.S. Western District Judge Richard Voorhees: The plaintiffs...

Verdicts & Settlements -January 24, 2005: Products liability.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: On December 10, 1999, a grandmother lost control of her Geo Tracker and spun-out on a rain-slick portion of the eastbound lanes of Interstate 40 in Western North...

Verdicts & Settlements -January 24, 2005: Medical malpractice.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Medical malpractice Injuries Alleged: Infant suffered broken neck, brain damage during delivery Name of Case: Confidential Court/County: Confidential Case No.:...

Verdicts & Settlements -January 24, 2005: Insurance law.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Consumer class action; settled before class certification Injuries Alleged: Defendants advertised that a rider to a health insurance policy would provide outpatient benefits...

Verdicts & Settlements -January 24, 2005: Medical malpractice.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Three-month-old undergoes heart catheterization; wrong catheter used; heart chamber perforated; cardiac arrest leads to catastrophic brain injury Injuries Alleged:...

Verdicts & Settlements -January 24, 2005: Negligence.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful death Injuries alleged: Wrongful death Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried before: Mediation ...

Verdicts & Settlements -January 24, 2005: Negligence.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: FELA (Federal Employers' Liability Act) negligence action Injuries Alleged: Mesolthelioma Name of Case: Williams v. CSX Transportation, Inc. Court/County: Scotland...

Verdicts & Settlements -January 24, 2005: Negligence/auto.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Negligence/ auto/pedestrian Injuries Alleged: Severe traumatic brain injury resulting in cognitive deficits; multiple fractures of the arm, pelvis an sinus Name of Case:...

Verdicts & Settlements -January 24, 2005: Negligence/auto.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Motor vehicle (tractor trailer) negligence Injuries Alleged: T4-5 fracture dislocation with complete paraplegia, fractured collarbone, rotator cuff tear Name of Case:...

Verdicts & Settlements -January 24, 2005: Medical malpractice.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Statement of Case: In May of 2002, the plaintiff was a 4-year-old boy who had suffered from congenital scoliosis since birth. He had no physical limitations as a result of the scoliosis. He was...

Verdicts & Settlements -January 24, 2005: Workplace tort.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Plaintiff developed cancer due to workplace exposure to nickel and chromium Principal injuries (in order of severity): John Doe was diagnosed with cancer of the...

Verdicts & Settlements -January 24, 2005: Negligence/auto.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: A Greenville police officer was severely and permanently injured in an automobile collision on July 22, 2003. The claim was initially denied, according to plaintiff's counsel. ...

Verdicts & Settlements -January 24, 2005: Negligence/auto.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Auto negligence; wrongful death Injuries Alleged: Death of Brenda Edwards Boone, age 43; wrongful death of Brittney Page Boone, age 17 Name of case: Boone v. Martiniano...

Verdicts & Settlements -January 24, 2005: Medical malpractice.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Severe hypoxic-ischemic brain injury at birth, resulting in cerebral palsy Name of case: Confidential Court/county: Confidential...

Verdicts & Settlements -January 24, 2005: Negligence/auto.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Case: Tractor trailer/vehicle collision Injuries Alleged: Two wrongful deaths Name of Case: Anonymous vs. Trucking Company and Driver Court/County: North Carolina Guilford...

Verdicts & Settlements -January 24, 2005: Medical malpractice.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Medical malpractice Injuries Alleged: Kernicterus/cerebral palsy Name of Case: Confidential Court/County: Confidential Case No.: Confidential Tried Before:...

Verdicts & Settlements -January 24, 2005: Workplace tort.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Brief Statement of Claim: Personal injury/ loss of consortium/negligence of contractor for injuries to subcontractor employee/third party claim/traumatic brain injury/shoulder injury ...

Verdicts & Settlements -January 24, 2005: Negligence/auto.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Truck's trailer came loose, struck oncoming car Injuries Alleged: Brain and elbow injury to 63-year-old man; serious orthopedic injuries to his 57-year-old wife Name of...

Verdicts & Settlements -January 24, 2005: Medical malpractice.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Medical malpractice Injuries Alleged: Wrongful death Name of Case: Confidential Court/County: Confidential Case No.: Confidential Tried Before: Mediation ...

Verdicts & Settlements -January 24, 2005: Construction law.
January 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Construction Injuries Alleged: Delays/extra work Name of Case: Withheld Court/County: Withheld Case No.: Withheld Tried Before: Mediation Name of Judge:...

NC Court of Appeals rules pedestrian was properly denied use of last-clear-chance doctrine.
January 31, 2005... Byline: Michael Dayton A Blue Ridge Parkway pedestrian who tried unsuccessfully to cross in front of an approaching car rather than waiting in the other lane of travel was properly denied use of the last-clear-chance doctrine, the Court...

High Point, NC case could halt city's use of red-light camera system.(traffic signals)
January 31, 2005... Byline: Michael Dayton A Greensboro lawyer who wants to pull the plug on red light cameras has won a key court ruling and that has municipalities taking a hard look at their own programs. Marshall Hurley has been fighting High Point's...

Raleigh-based Rosen Divorce law firm moves into Charlotte market.(Brief Article)
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Rosen Divorce, a Raleigh-based family law firm, has expanded to Charlotte. "We have a service we provide clients that they can't always get elsewhere, so we wanted to extend that to...

Charlotte and Winston-Salem offices of Kilpatrick Stockton holds 'Wills On Wheels' event.(Brief Article)
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Kilpatrick Stockton recently held its "Wills on Wheels" project, where employees prepared and executed more than 90 documents for 24 elderly, low-income individuals. Participants included 14...

Jonathan A. Barrett named partner-in-charge of Mayer, Brown, Rowe & Maw's Charlotte office.(Brief Article)
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Jonathan A. Barrett has been named partner-in-charge of Mayer, Brown, Rowe & Maw's Charlotte office, effective Jan. 1. He succeeds Francis J. Blanchfield, who led the office for the past six...

Mecklenburg County Bar luncheon series to feature Judge David B. Sentelle.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Take a break from lunch at your desk or on the run to join your fellow attorneys for a tasty lunch, good fellowship and a stimulating speaker. This luncheon is the second of three luncheon...

Mecklenburg County Bar to address race/ethnicity and pro bono issues.
January 31, 2005... Byline: Michael Dayton Diversity in the legal profession will get a closer look this year from the Mecklenburg County Bar, says Charlotte attorney and MCB president Jonathan E. Buchan. The committee will initially address race and...

Interview with Jon Buchan, president of Mecklenburg County Bar.(Interview)
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff 1. What is the Mecklenburg County Bar doing well? We are doing a better job of making our 3,600 members feel that they are part of something larger than their law firm, their corporate law...

Attorney Nancy Williams Warren Gregory of Raleigh passed away on Jan. 19.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Nancy Williams Warren Gregory of Raleigh, 35, died Jan. 19. Born in Lynchburg, Va., she was a deputy commissioner for the North Carolina Industrial Commission. She attended the Sorbonne in...

U.S. Court of Appeals 4th Circuit Case Summaries: January 31, 2005.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Question Jurisdiction - Arbitration Where a bank/financial services company sued a Discover card holder in state court for an unpaid credit card balance, andwhen...

U.S. District Court Eastern District Court Summaries: January 31, 2005.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Res Judicata - State Court Dismissal - Tort/Negligence - Personal Injury Where a state court dismissed with prejudice the plaintiff's claim against the same defendants...

U.S. Bankruptcy Court Case Summaries: January 31, 2005.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Exemptions - Insurance - Disability - Employee Benefit Where G.S. 58-58-165 plainly dictates that a group insurance policy and benefits derived thereunder may be exempted from...

NC Court of Appeals Unpublished Case Summaries: January 31, 2005.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Sanctions - Tort/Negligence - Personal Injury Even though the sanctions imposed by the trial court will prevent the plaintiff- passenger from calling as...

N.C. Business Court Case Summaries: January 31, 2005.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Contract Settlement - Intervening Legislation - Governmental Obligation - Effect on Payments Where the Fair and Equitable Tobacco Reform Act of 2004 (FETRA) contains an assessment to be...

N.C. Administrative Hearings Case Summaries: January 31, 2005.
January 31, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Public Employees - Correctional Officer - Certification Suspension - Misdemeanor Even though the petitioner was found not guilty of resisting, delaying or obstructing...

Commentary: Tools of the Trade: Policies for Progress.
January 31, 2005... Byline: Lee S. Rosen Walk into some hotels and the clerk punches your name into the computer. Your reservation is located, a room is assigned, key cards are coded and you are on your way up. When you place a call the toll charges are...