North Carolina Lawyers Weekly articles from July 2003

North Carolina Lawyers Weekly archives from July 2003

Construction Contract Void Even Though Work Begun After License Renewed, Rules N.C. Appeals Court.
July 14, 2003... Byline: Michael Dayton A general contractor could not recover $46,000 for work he did on a Wake County home because his license was invalid when the contract was formed, the Appeals Court said. This is true, the court held, even though...

Social Worker Loses ADA Claim Over Drug Side Effects, Rules N.C. Appeals Court.
July 14, 2003... Byline: Ertel Berry A Guilford social worker who didn't complain about the side effects of a drug for attention deficit disorder until she was recommended for dismissal failed to prove her termination violated disability laws, the Appeals...

North Carolina Legal Obituary: Steven M. Adams.
July 14, 2003... Byline: North Carolina Lawyers Weekly Staff Chapel Hill lawyer Steven M. Adams died July 4 of an apparent heart attack. He was 54 years of age. A Chapel Hill native, Adams attained his law degree at the University of North Carolina in...

N.C. Business Court Case Summaries: July 14, 2003.
July 14, 2003... Byline: North Carolina Lawyers Weekly Staff Commercial UCC - Software Purchase - Customization & Support - Warranties - Tort/Negligence Even though the defendant-seller tailored its software to the plaintiff-buyer's needs, the...

North Carolina Lawyers In The News: July 14, 2003.
July 14, 2003... Byline: North Carolina Lawyers Weekly Staff The Wake Forest University planned giving advisory council has added the following new members, all from Winston-Salem: Amy K. Smith of Bell Davis & Pitt; Kimberly H. Stogner of Vaughn Perkinson...

N.C. Business Court Rules Software Licensing Agreement Was Covered By UCC.
July 14, 2003... Byline: Ertel Berry An internet company's contract to license software for an online auction website was governed by the UCC, the state's Business Court has ruled in a case of first impression. Superior Court Judge Ben Tennille...

U.S. Court of Appeals 4th Circuit Case Summaries: July 14, 2003.
July 14, 2003... Byline: North Carolina Lawyers Weekly Staff Attorneys Rule 11 Sanctions - Safe Harbor Provision Where defendant's motion for sanctions under Rule 11 was made after the case had terminated, service of the motion and its filing were...

At-Will Deputy Has Contract Claim For Wrongful Firing, Rules N.C. Appeals Court.
July 14, 2003... Byline: North Carolina Lawyers Weekly Staff Even though a Buncombe County deputy was an at-will employee when he was fired, that didn't bar him from seeking contract damages for wrongful discharge in violation of public policy, the Appeals...

N.C. Court of Appeals Case Summaries: July 14, 2003.
July 14, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Pleadings - Motion to Amend - Additional Defendants - Denial - Labor & Employment - Tort/Negligence - Defamation Where the trial court found that an amendment to add...

U.S. District Court Middle District Case Summaries: July 14, 2003.
July 14, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Graduate Student - Sexual Harassment - Public University Where the complaint alleges that the plaintiff-graduate student's complaints to the dean about...

DMV could not void limited driving order, rules N.C. Court of Appeals.(Division of Motor Vehicles)
July 21, 2003... Byline: Ertel Berry The Court of Appeals has struck down a statute that lets the Division of Motor Vehicles reject some court orders giving limited driving privileges to motorists convicted of drunk driving. The provision, G.S. Sect....

Moving home to marital lot didn't equal gift, rules N.C. Appeals Court.
July 21, 2003... Byline: Ertel Berry A Columbus County man didn't transform his house into marital property just by moving it onto a lot he owned with his wife, the Appeals Court ruled July 15. The decision in Goldston v. Goldston (North Carolina...

Husband's house sale pranks violated spirit of ED order, rules N.C. Appeals Court.(equitable distribution)
July 21, 2003... Byline: Ertel Berry A Jackson County man's attempt to embarrass his ex-wife and make their house unattractive to prospective buyers was grounds for contempt -- even though the couple's ED order didn't specifically address that type of...

Payment of judgment did not moot appeal, rules N.C. Court of Appeals.
July 28, 2003... Byline: Michael Dayton A personnel placement company that satisfied a $66,000 trial court judgment could still challenge it on appeal, the Court of Appeals has ruled. In a case of first impression, the court said the company's appeal...

Non-compete was void despite new job contract, rules N.C. Appeals Court.
July 28, 2003... Byline: Ertel Berry Even though an at-will Catawba employee signed a non-compete and got a two-year contract with a 30-day termination clause, the non-compete wasn't supported by new consideration, the Appeals Court has ruled. The...

North Carolina Appeals Court rules two-household family was still 'intact'.
July 28, 2003... Byline: Ertel Berry Even though one child of a divorced Gaston couple lived with her mom, while the other lived with her dad, the kids were in an "intact" family for custody purposes, the Appeals Court has ruled. That unpublished...

Dad who saw crushed son gets $1.5 million distress verdict.(North Carolina)
July 28, 2003... Byline: Ertel Berry A Johnston County jury has awarded $1.5 million to a dad who unsuccessfully tried to revive his 11-year-old son after he was crushed by a van at school. VERDICT REPORT The award for negligent infliction of...