North Carolina Lawyers Weekly articles from January 2008

North Carolina Lawyers Weekly archives from January 2008

N.C. Insurance Underwriting Association reverses homeowner's property damage claim.(Brief article)
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Hailey v. North Carolina Insurance Underwriting Association. (Lawyers Weekly No. 08-09-0013, 5 pp.) (Beecher R. Gray, ALJ) OAH Even though the homeowner did not discover the damage to his...

N.C. Labor & Employment Case Summaries: January 7, 2008.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Forrister v. North Carolina Department of Public Instruction. (Lawyers Weekly No. 08-09-0012, 8 pp.) (Beecher R. Gray, ALJ) OAH Where G.S. 115C-296(a) requires the State Board of Education to...

Commentary: Third-party claims offer best chance for full compensation of workplace injuries.
January 7, 2008... Byline: Mark McGrath Editor's note: Following is the third installment in a three-part commentary on Woodson v. Rowland and the appellate courts' handling of the Woodson exception. A version of this article, complete with footnotes is...

N.C. Lawyers In The News: January 7, 2008.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Winston-Salem lawyer Cal Cunningham has reported for active duty with the Army in Baghdad, where he joined the XVIII Airborne Corps as a legal counsel to the general who leads Multinational...

N.C. judges receive mostly positive ratings in Triangle survey.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff The majority of the Triangle's trial court judges should stay in their jobs, according to a recently released survey of the region's lawyers, court clerks and bailiffs. Conducted over a...

N.C. judiciary's challenge to handle state's growth, leaders say.(North Carolina)
January 7, 2008... Byline: Fred Horlbeck North Carolina's judiciary, burdened with the demands of an increasing population, is coping but needs more help, according to judges who head up the state's two judicial associations. Population growth has...

More N.C. attorneys are catching on to Spanish.
January 7, 2008... Byline: Guy Loranger When a potential client walks into Jack Hopkins' office and asks if he speaks Spanish, the Tarboro attorney usually responds with a grin, "No una palabra." "Not a word," he said, translating. "Then I carry on a...

N.C. attorney Arthur Allen McDonald Jr. dies at 88.(Obituary)
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Durham attorney Arthur Allen McDonald Jr., 88, died Dec. 27. He moved to Durham in 1931 after living in Lillington. A graduate of Durham High School, he served in the Army during World War II...

N.C. Court of Appeals Case Summaries: January 7, 2008.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Medical Benefits - Rehab - Pool Workouts - Home Pool - Maintenance Costs Winders v. Edgecombe County Home Health Care. (Lawyers Weekly No. 07-07-1443, 13 pp.)...

N.C. Court of Appeals Unpublished Case Summaries: January 7, 2008.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative DMV - Driver's License - Revocation - DWI Charge - Chemical Analysis - Refusal - Probable Cause McDowell v. Tatum. (Lawyers Weekly No. 08-16-0005, 13 pp.) (Ann Marie...

U.S. Bankruptcy Court Case Summaries: January 7, 2008.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Bankruptcy 'Projected Disposable Income' - Actual Expenses - National Standard - 5- Year Plan In re Musselman. (Lawyers Weekly No. 08-05-0011, 18 pp.) (Randy D. Doub, J.) E.B.N.C. ...

U.S. Court of Appeals 4th Circuit Case Summaries: January 7, 2008.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Mandate - Privacy Act - Attorney Fees Doe v. Chao. (Lawyers Weekly No. 08-01-0020, 10 pp.) (Wilkinson, J.) No. 06-2015, Dec. 28, 2007; USDC at Big Stone Gap, Va....

Verdicts & Settlements January 7, 2008: Estate of N.C. man hit by robbers gets $750K UM claim.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff On Sept. 22, 2006, three teenagers were attempting to steal money from an ATM machine in Charlotte. Police were dispatched to the scene in response to a 911 call. When the police arrived, the...

Verdicts & Settlements January 7, 2008: N.C. jury awards $2.3M to farmer injured in auto wreck.
January 7, 2008... Byline: North Carolina Lawyers Weekly Staff On March 21, 2005, the plaintiff was a passenger in a vehicle struck by the defendant's truck. The plaintiff was ejected from the vehicle and found on the ground by EMS workers. The defendant...

Commentary: Sanity restored? N.C. Supreme Court to revisit 'same or similar communities' standard.
January 14, 2008... Byline: Mark McGrath Since the North Carolina Court of Appeals issued its decision in Pitts v. Nash Day Hospital 1 in 2005, trial courts have been bouncing medical experts from North Carolina courtrooms like drunken rugby clubbers. Because...

N.C. Lawyers in the News: January 14, 2008.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Mecklenburg County District Judge Phil Howerton retired Dec. 31 after 16 years on the bench, reports the Charlotte Observer. Two days later, he joined the Charlotte firm of James, McElroy and...

New Hanover Court rules magistrate's failure to file form in DWI didn't violate due process.(driving while intoxicated)
January 14, 2008... Byline: Guy Loranger The due process rights of a man charged with driving while impaired were not violated by a magistrate's failure to file a mandatory notice form at the time of his arrest, a New Hanover County Superior Court judge has...

Federal Title VII covered guest worker who claimed sex discrimination occurred outside U.S. borders.
January 14, 2008... Byline: N.C. Lawyers Weekly Staff A Mexican woman recruited to work on U.S. farms as a guest worker could be protected under Title VII, even though the sex discrimination she alleged occurred outside the United States and before she had...

Downtown sites in Raleigh are top choices for next Bar HQ.
January 14, 2008... Byline: Diana Smith The Facilities Planning Committee of the N.C. State Bar will meet with the executive committee and State Bar Council during the week of Jan. 21 to present a list of seven properties that may serve as the future site for...

Wilmington attorney on professionalism panel.(Stephen Coppage )(Brief article)
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Stephen Coppage Baynard of Ennis, Newton and Baynard in Wilmington has been chosen by Supreme Court Chief Justice Sara Parker to serve on the North Carolina Chief Justice's Commission on...

N.C. Legal Obituaries: January 14, 2008.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Michael G. DeSilva Michael George DeSilva of Wilmington died Dec. 27, 2007, at age 68. Born in New York City, he graduated from Rutgers University, after which he served as a second...

N.C. Business Court Case Summaries: January 14, 2008.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Insurance Professional - Banks & Banking - Bond Underwriting - WorldCom Collapse Bank of America v. SR International Business Insurance Co., SE. (Lawyers Weekly No. 08-15-0024, 41 pp.)...

U.S. Court of Appeals 4th Circuit Case Summaries: January 14, 2008.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Habeas Corpus - Death Sentence - N.C. Defendant Bowie v. Branker. (Lawyers Weekly No. 08-01-0036, 16 pp.) (Duncan, J.) No. 06-25, Jan. 3, 2008; USDC at Statesville, N.C....

U.S. District Court Eastern District Case Summaries: January 14, 2008.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Naturalization - Civil Practice - Subject Matter Jurisdiction - Mandamus Ibrahim v. Chertoff. (Lawyers Weekly No. 08-02-0025, 7 pp.) (W. Earl Britt, Sr.J. -...

U.S. District Court Middle District Case Summaries: January 14, 2008.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Entry of Default & Default Judgment - Ongoing Settlement Negotiations - Acceptance of Service - Appearance - Intent to Defend - Notice Starr Consulting, Inc. v. Global...

U.S. District Court Western District Case Summaries: January 14, 2008.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Interstate Transport - Household Goods - Carmack Amendment - Preemption McGourty v. Collins. (Lawyers Weekly No. 08-03-0032, 14 pp.) (Lacy H. Thornburg, J. - Memorandum &...

Verdicts & Settlements January 14, 2008: Parties settle after unborn twin dies in auto collision.
January 14, 2008... Byline: North Carolina Lawyers Weekly Staff On Sept.17, 2005, the defendant, working in the course and scope of her agency with a logging company, pulled out from a stop sign and drove her truck into the side of the plaintiff's mini-van,...

Commentary: multiple tests, information sources provide more depth in client profiles.
January 21, 2008... Byline: Katrina Kuzyszyn-Jones What is the difference between a clinical psychological evaluation and a forensic evaluation? How do you pick the right expert for your evaluation? Knowing when and how to obtain a forensic evaluation...

Other BAR/BRI Case Summaries: January 21, 2008.
January 21, 2008... Byline: N.C. Lawyers Weekly Staff SOURCES: Electronic Case Filing and Justia.com. Three other lawsuits have been filed against the producers of BAR/BRI in recent years. Here's a look at the three class-action cases: Rodriquez, et...

N.C. Lawyers in the News: September 21, 2008.
January 21, 2008... Byline: N.C. Lawyers Weekly Staff Attorney Stephen Coppage Baynard of Ennis, Newton and Baynard has been chosen by Supreme Court Chief Justice Sara Parker to serve on the North Carolina Chief Justice's Commission on Professionalism. His...

Kilpatrick Stockton gets 2008 pro bono award.(Brief article)
January 21, 2008... Byline: N.C. Lawyers Weekly Staff Kilpatrick Stockton is one of four national firms awarded the 2008 National Law Journal Pro Bono Award by the National Law Journal. The firm was recognized for its work with the National Center for Missing...

N.C. Court of Appeals rules N.C. Medicaid lien extends to entire medmal recovery.
January 21, 2008... Byline: Guy Loranger The state could be reimbursed from the entire sum of an Alamance County Medicaid beneficiary's medmal settlement, including funds unrelated to medical expenses, the Court of Appeals ruled in a 2-1 decision Jan. 15. ...

Developers' bid to levy new assessment through old covenant shot down by N.C. Court of Appeals.
January 21, 2008... Byline: Guy Loranger The Court of Appeals has thwarted a Haywood County developer's bid to impose service charges on a group of Lake Junaluska homeowners through a regulation it claimed was justified by a restrictive covenant drafted...

Owners can rest easy with estate planning for their pets.
January 21, 2008... Byline: Diana Smith Does Polly want a cracker? Or a quarter? Or how about a trust that can protect her long after her beloved owner has died or become disabled? The answer to that question how to establish a good pet trust is...

BAR/BRI, board near settlement on copyright dispute.
January 21, 2008... Byline: N.C. Lawyers Weekly Staff The N.C. Board of Law Examiners is moving towards a settlement of its federal copyright infringement lawsuit against the publishers of the BAR/BRI bar review materials. The NCBLE filed the complaint in...

Surveillance plays role as N.C. Court of Appeals reverses disability award.
January 21, 2008... Byline: Fred Horlbeck Caught on video as she swept a porch without limping and without assistance, a woman who had won a disability award from the Industrial Commission in 2006 saw it disappear Jan. 15 as the Court of Appeals reversed the...

N.C. Court of Appeals finds no fault with restroom visit; fired worker keeps benefits.
January 21, 2008... Byline: Fred Horlbeck A visit to the bathroom got an employee fired for being 15 minutes late to work, but the motivation for the restroom run sickness saved her from losing her unemployment benefits, the Court of Appeals said in a Jan. 15...

N.C. Court of Appeals Case Summaries: January 21, 2008.
January 21, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative CON - Hospital & CT Scanner - 2001 Approval - Intervening Developments Good Hope Health System, LLC v. N.C. Department of Health & Human Services. (Lawyers Weekly No....

U.S. Bankruptcy Court Case Summaries: January 21, 2008.
January 21, 2008... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Security Interest - Mobile Home - Real Property' Definition - Primary Residence - BAPCPA In re Fuller. (Lawyers Weekly No. 08-05-0044, 5 pp.) (Catharine R. Carruthers, J.)...

U.S. Court of Appeals 4th Circuit Case Summaries: January 21, 2008.
January 21, 2008... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Post-Conviction Motion - Successive Motion U.S. v. Blackstock. (Lawyers Weekly No. 08-01-0079, 9 pp.) (Traxler, J.) No. 05-7709, Jan. 9, 2008; USDC at Alexandria, Va....

Verdicts & Settlements January 21, 2008: County settles with owner of facility taken for courthouse.
January 21, 2008... Byline: North Carolina Lawyers Weekly Staff On Feb. 28, 2006, Durham County condemned 2.39 acres of land occupied by a U-Haul business immediately adjacent to the Durham County Jail for the purpose of constructing a new courthouse. At...

N.C. Lawyers in the News: January 28, 2008.
January 28, 2008... Byline: N.C. Lawyers Weekly STAFF Moore & Van Allen's Jonathan Murray was recently appointed to a three-year term on the 26th Judicial District Grievance Committee for the North Carolina Bar. Murray is a structured finance attorney in...

N.C. Court of Appeals rules no DWI dismissal despite denial of pretrial release.(Driving under the influence)
January 28, 2008... Byline: Guy Loranger A Pitt County magistrate's mistake cost a DWI suspect her right to a timely pretrial release, but it won't cost the state a conviction, the Court of Appeals has ruled. After the woman's arrest in July 2005, the...

Are arbitration clauses really unconscionable?
January 28, 2008... Byline: Guy Loranger When binding arbitration agreements first appeared in consumer contracts in the mid-1990s, they were billed as cheap, efficient and fair alternatives to litigation. Today, Raleigh attorney John Alan Jones said, they...

Raleigh firm sees nursing home neglect cases increase as 'boomers' age.(HensonFuerst)
January 28, 2008... Byline: Diana Smith Before a lawyer meets a client, he or she has been well-schooled in putting ethical principles into practice. Making sure that nursing homes do the same is what attorneys at HensonFuerst in Raleigh strive to accomplish...

N.C. Court of Appeals celebrates 40th anniversary.(North Carolina)
January 28, 2008... Byline: Guy Loranger The North Carolina Court of Appeals will take a look at its past and gaze ahead to its future in the coming months as it celebrates its 40th anniversary. The court will hold a special ceremony Jan. 31 to...

$90M recovery tops survey by Lawyers Weekly.(settlement for securities fraud case by Krispy Kreme Doughnuts, Inc.)
January 28, 2008... Byline: N.C. Lawyers Weekly Staff A $90 million class-action settlement in a lawsuit over alleged securities fraud by Krispy Kreme Doughnuts, Inc., leads the list of the top 25 verdicts and settlements reported to Lawyers Weekly during...

N.C. Court of Appeals Case Summaries: January 28, 2008.(North Carolina)
January 28, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Judgments - Service of Process - Small Claims Court - Open Court Announcement Carroll v. Perry. (Lawyers Weekly No. 08-16-0091, 8 pp.) (Robert Hunter, J.) Appealed from...

N.C. Industrial Comm. Case Summaries: January 28, 2008.(North Carolina)
January 28, 2008... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Causation - Back Injury - Assembly Line Accident - Annular Tear - Disability - Average Weekly Wage Castaneda v. International Leg Wear Group. (Lawyers Weekly No....

NC Court of Appeals Unpublished Case Summaries: January 28, 2008.(North Carolina )
January 28, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Election of Remedies - Contract - Settlement - Accord & Satisfaction Keyzer v. AmerLink, Ltd. (Lawyers Weekly No. 08-16-0092, 9 pp.) (Barbara Jackson, J.) Appealed from...

U.S. Court of Appeals 4th Circuit Case Summaries: January 28, 2008.
January 28, 2008... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Sentencing - Above-Guidelines Sentence - Notice U.S. v. Fancher. (Lawyers Weekly No. 08-01-0101, 13 pp.) (Traxler, J.) No. 06-4913, Jan. 17, 2008; USDC at Elkins, W.Va....

N.C. Court of Appeals Case Summaries: January 28, 2008.(North Carolina)
January 28, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Contempt - Domestic Relations - Alimony - Ability to Pay - Retirement - Savings Gatlin v. Gatlin. (Lawyers Weekly No. 08-16-0094, 6 pp.) (Ann Marie Calabria, J.) Appealed...