North Carolina Lawyers Weekly articles from January 2009

North Carolina Lawyers Weekly archives from January 2009

N.C. Court of Appeals Case Summaries: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Arbitration Appeals - Waiver - Prejudice to Plaintiff - Judges Gemini Drilling & Foundation, LLC v. National Fire Insurance Co. of Hartford. (Lawyers Weekly No. 08-07-1055, 20 pp.) ...

N.C. Industrial Commission Case Summaries: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Leased Employees - Replacement - Independent Contractor/Employee - Helper' - Death Benefits Hughart v. Dasco Transportation, Inc. (Lawyers Weekly No. 08-08-1129, 10...

N.C. Supreme Court Case Summaries: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Administrative Medicaid Reimbursement - Tort/Negligence - Medical Malpractice - Settlement Fund Andrews v. Haywood. (Lawyers Weekly No. 08-06-1350, 23 pp.) By capping Medicaid...

NC Court of Appeals Unpublished Case Summaries: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Banks & Banking National Bank Act - Credit Card Debt - Civil Practice - Jurisdiction Citibank, South Dakota, N.A. v. Bowen. (Lawyers Weekly No. 08-16-1415, 8 pp.) Even though the...

U.S. Court of Appeals 4th Circuit Case Summaries: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Practice N.C. Default Judgment - Collateral Estoppel - Bankruptcy Sartin v. Macik. (Lawyers Weekly No. 08-01-0913, 16 pp.) Reversing a lower court on an unsettled question of...

U.S. District Court Eastern District Case Summaries: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Bankruptcy BAPCPA - Applicable Commitment Period' - Projected Disposable Income' - Expenses - Reasonable Necessity - Secured Debt Musselman v. eCast Settlement Corp. (Lawyers Weekly No....

U.S. District Court Middle District Case Summaries: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Minimum Contacts - Intellectual Property - Trademark Infringement - Internet Business - Google Metalinks - Cybersquatting Market America v....

N.C. Lawyers in the News: January 5, 2009.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Kinston attorney Joseph S. Bower was recently a featured speaker at the Investors Title Insurance Company's Fifth Annual Fall Gathering Seminar in Chapel Hill. Bower, who practices with White &...

N.C. law to host annual festival of learning in February.
January 5, 2009... Byline: North Carolina Lawyers Weekly Staff Members of the North Carolina Bar can check off 12 hours of continuing legal education credits by attending the 19th annual UNC Festival of Legal Learning on Feb. 6-7. The festival will offer...

N.C. Lawyers Weekly's 2008 year in review.
January 5, 2009... Byline: Guy Loranger When the economy went into a tailspin in 2008, North Carolina lawyers responded the only way they knew how: They challenged it. Instead of panicking, firms planned, redrawing their business plans to handle...

Hard case: baggage handler in N.C. couldn't count fringe benefits as earnings.
January 5, 2009... Byline: Guy Loranger When the General Assembly drafted the state's Workers' Compensation Act in 1929, health-care benefits and 401(k) contributions weren't as prevalent in employment arrangements as they are in 2008. So, would that...

Interview with Judge John W. Smith: new exec director of N.C. AOC.(North Carolina Administrative Office of the Courts)(Interview)
January 12, 2009... Byline: Guy Loranger Judge John W. Smith, the new executive director of the Administrative Office of the Courts, recently sat down for an interview with North Carolina Lawyers Weekly to discuss his outlook for the coming year. He...

Recession prompts Parker Poe to lay off 28 employees including offices in Charlotte, Raleigh.(North Carolina)
January 12, 2009... Byline: Guy Loranger In response to the economic recession, Parker Poe Adams & Bernstein announced last Thursday that it had released 28 employees, including 13 attorneys. Even though Parker Poe's revenues and personnel grew during...

N.C. Court of Appeals rules tort claim barred under Indiana comp law.
January 12, 2009... Byline: Guy Loranger Citing precedent and policy, the Court of Appeals has reversed a trial court's decision to allow an intentional tort action to be filed by the estates of two workers who were killed in Granville County in 2002 while...

Law firm of Nexsen Pruet expands in the Carolinas.
January 12, 2009... Byline: Guy Loranger In a move driven by its business clients' needs, Nexsen Pruet announced last week that it had merged with Sanford Holshouser, a small, Triangle-based firm with a big reputation for its economic-development practice....

Mr. Smith goes to Raleigh: new director takes over as AOC faces a major budget crunch.(North Carolina Administrative Office of the Courts)
January 12, 2009... Byline: Guy Loranger As a special Superior Court judge for the last three years, John W. Smith was in heaven. He presided in every judicial district in the state, traveling from courthouse to courthouse with a Buick, a digital camera and a...

N.C. Court of Appeals Case Summaries: January 19, 2009.
January 19, 2009... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Voluntary Manslaughter -- Search & Seizure -- Consent -- Defendant's Closet -- Evidence -- Autopsy Photos State v. Early. (Lawyers Weekly No. 09-07-0020, 20 pp.)...

NC Court of Appeals Unpublished Case Summaries: January 19, 2009.
January 19, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Practice Law of the Case -- Summary Judgment -- Substituted Party -- Tort/Negligence Dixon v. Hill. (Lawyers Weekly No. 09-16-0039, 9 pp.) (Douglas McCullough, J.) Appealed from...

U.S. Court of Appeals 4th Circuit Case Summaries: January 19, 2009.
January 19, 2009... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration -- BIA -- Power to Reopen -- Abuse of Discretion -- First Impression Mosere v. Mukasey. (Lawyers Weekly No. 09-01-0050, 7 pp.) (Williams, J.) No. 08-1241, Jan....

U.S. District Court Eastern District Case Summaries: January 19, 2009.
January 19, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Practice Replevin -- Claim & Delivery -- Contract -- Proprietary Molds -- Defendants' Counterclaim Weener Plastics, Inc. v. HNH Packaging, LLC. (Lawyers Weekly No. 09-02-0054, 13...

Commentary: Follow the leader, Part II.
January 19, 2009... Byline: Cheryl J. Leone and David W. Favor In the first article, we said leadership was influencing people, and that the entry level was based on position or title. In level one, people will do what they are told because they respect or...

N.C. Lawyers in the News: January 19, 2009.
January 19, 2009... Byline: N.C. Lawyers Weekly Staff Many attorneys from across the state were recently selected as the 2009 Legal Elite by Business North Carolina magazine. Some of them include: Chuck Anderson, June L. Basden, Eric H. Biesecker, John C....

Contributory reform in N.C. could be a hot topic in 2009.
January 19, 2009... Byline: Guy Loranger The state's legal organizations are starting to shape their agendas for the General Assembly's upcoming session, which kicks off Jan. 28 in Raleigh. An item that seems certain to appear on their lists: The future...

N.C. Court of Appeals rules employer's non-compete went too far.
January 19, 2009... Byline: Guy Loranger On the one hand, an employer should be able to protect its interests by making employees sign agreements such as non-compete covenants. After all, when an employee leaves for a competitor, why should the...

Adjunct law professors in N.C. say teaching has rewards.
January 19, 2009... Byline: Diana Smith Across North Carolina, scores of law students are dusting off their thinking caps and settling back into lecture hall desks after a few weeks of relaxation on winter break. But preparing for a new semester isn't so...

Still in the spotlight: Duke lacrosse case lingers on in civil lawsuits in N.C. Court of Appeals.
January 19, 2009... Byline: Guy Loranger The bitter, public divorce between Duke University and its former men's lacrosse coach, Mike Pressler, reached the N.C. Court of Appeals on Jan. 14. Several reporters flocked to the court's temporary home at the...

Verdicts & Settlements January 19, 2009: Jury returns verdict for painter injured in fall.
January 19, 2009... Byline: North Carolina Lawyers Weekly Staff The plaintiff, a 48-year-old painter, fell to the ground from a third-floor condo unit when a balcony railing collapsed. He suffered compound fractures to his left leg, including severe damage to...

Verdicts & Settlements January 19, 2009: Motorist hit by dump truck settles claim for $1.6M.
January 19, 2009... Byline: North Carolina Lawyers Weekly Staff The plaintiff, a 40-year-old woman who was fully employed, became involved in an accident in June 2006 when sitting still at a stoplight. A dump truck failed to stop at the light, the...

Commentary: follow the leader.(part 3)
January 26, 2009... Byline: Cheryl J. Leone and David W. Favor Now we are getting to the core of leadership: results. Leadership describes a general capacity to influence others and persuade them to behave in certain ways. Leadership is what you need to...

N.C. Lawyers in the News: January 26, 2009.
January 26, 2009... Byline: North Carolina Lawyers Weekly Staff Many attorneys from across the state were recently selected as the 2009 Legal Elite by Business North Carolina magazine. Among them are: Jeff Benson, Steve Berlin, Mark Boynton, Bill Bryner, Lou...

Seminar in Charleston explores labor law changes.
January 26, 2009... Byline: Fred Horlbeck Changes to two key labor laws have employers throughout the Carolinas wondering how to steer their way through new or revised federal rules affecting their businesses. In a series of seminars held in both states,...

Q&A with Stephanie Gillespie: N.C.-certified paralegal with Elmore & Wall in Raleigh.(Interview)
January 26, 2009... Byline: Diana Smith Stephanie Gillespie is an N.C.-certified paralegal with Elmore & Wall in Raleigh. A former president of the Raleigh-Wake Paralegal Association, Gillespie now serves as a council member for the paralegal division of...

Price-fixing conspiracy case in N.C. ended in top settlement.
January 26, 2009... Byline: Guy Loranger Family-run companies, long relationships and handshake deals have long formed the fabric of the textile industry. Convincing members of that circle that their market might have been manipulated wasn't easy, said...

Commentary: the first 60 days.
January 26, 2009... Byline: Kristian Hall Before I start with the details of my paralegal experience abroad, I would like to take this opportunity to thank a few people who have made this deployment a bit more bearable so far. First, a warm and grateful...

N.C. Court of Appeals Case Summaries: January 26, 2009.
January 26, 2009... Byline: North Carolina Lawyers Weekly Staff Antitrust Civil Practice -- Standing -- Indirect Purchaser -- Price Fixing -- Component Product -- Class Action -- Tennessee Notice -- Full Faith & Credit Teague v. Bayer AG. (Lawyers...

U.S. Bankruptcy Court Case Summaries: January 26, 2009.
January 26, 2009... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Priority --Store Credit--Commercial--Defective Goods Utility Craft, Inc. (Lawyers Weekly No. 09-05-0057, 8 pp.) (Catharine R. Carruthers, J.) M.B.N.C. Holding: A customer...

U.S. Court of Appeals 4th Circuit Case Summaries: January 26, 2009.
January 26, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Rights First Amendment -- W.Va. Lottery Ads--Injunction W.Va. Ass'n of Club Owners & Fraternal Services Inc. (Lawyers Weekly No. 09-01-0074, 26 pp.) (Wilkinson, J.) No. 07-2032,...