North Carolina Lawyers Weekly articles from July 2005

North Carolina Lawyers Weekly archives from July 2005

N.C. Supreme Court reverse constructive discharge holding.(Whitt v. Harris Teeter Inc.)
July 11, 2005... Byline: Ertel Berry A Harris Teeter cashier who quit after the company allegedly rebuffed her sex harassment complaints cannot go to trial on claims of wrongful discharge, the state Supreme Court has held. In a one-page per curiam...

A look at sports and entertainment law.(Interview)
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff Catherine "Cathy" R. Stuart, a member of the Stuart Law Firm in Raleigh, includes sports and entertainment law as part of her busy practice. Stuart calls sports the "ultimate communicator"...

N.C. Assn. of Defense Attorneys' Award for Professional Excellence honors two N.C attorneys.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff James D. Blount Jr. and Stephen P. Millikin have been honored with the North Carolina Association of Defense Attorneys' Award for Professional Excellence for 2005. The award recognizes NCADA...

Raleigh-based attorneys host benefit in Wake Forest - Rolesville High School FFA chapter.(Brief Article)
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff On June 5, attorneys from The Law Offices of James R. Ansley hosted a free living will fundraiser workshop to support the local Wake Forest - Rolesville High School FFA chapter. The event was...

N.C. Academy of Matrimonial Lawyers raise money for cancer research.(Brief Article)
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff The North Carolina Chapter of the American Academy of Matrimonial Lawyers sponsored a team for the Susan G. Komen 9th Annual Race for the Cure 5k race/walk, held June 11 at Meredith College in...

Raleigh attorney named to board of National Foundation for Judicial Excellence.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff Richard T. Boyette, with the Raleigh law firm Cranfill Sumner & Hartzog, has been named to the board of directors of the National Foundation for Judicial Excellence, a newly created 501(C)(3)...

Research Triangle Park attorney receives 2005 Charles Hamner Leadership Award.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff Walter E. Daniels of the Research Triangle Park firm Daniels Daniels & Verdonik, P.A. was awarded the 2005 Charles Hamner Leadership Award for exemplary vision and leadership in biotechnology,...

NC Assn. of Defense Attorneys' officers, board inducted at 28th Annual Meeting.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff The North Carolina Association of Defense Attorneys held its 28th Annual Meeting at the Hilton Oceanfront Resort, Hilton Head, South Carolina during the weekend of June 9-12. Officers and...

Lexington attorney Clark Smith named NC Bar Assn. president-elect.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff D. Clark Smith Jr. of Lexington was named president-elect of the North Carolina Bar Association at its annual meeting in June. "I am deeply honored by this nomination and election," said...

U.S. Court of Appeals 4th Circuit Case Summaries: July 11, 2005.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Preference Payments - Car Dealerships - Floor Plan - Ch. 7 In this adversary proceeding by the Chapter 7 trustee involving three debtor car dealerships owned by one man, the...

N.C. Supreme Court Decisions: July 11, 2005.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff Contract Construction - Settlement - Civil Practice - Compulsory Counterclaims Where the defendant-contractor sued in Forsyth County to enforce a settlement of the parties' disagreements...

N.C. Court of Appeals Case Summaries: July 11, 2005.
July 11, 2005... Byline: North Carolina Lawyers Weekly Staff Arbitration Demand Delay - Civil Practice - Discovery - Depositions - Plaintiffs Where the plaintiffs would not have been subject to being deposed under the applicable arbitration...

N.C. Judicial Department faces another lean budget.(North Carolina)
July 18, 2005... Byline: Michael Dayton The state's judicial branch is once again looking at a money crunch, with a flat budget or possible cuts from the General Assembly. One court official said that could impede efforts to replace obsolete technology...

N.C. Appeals Court rules Virginia tenant, guarantors subject to N.C. jurisdiction.(Blue Ridge Health Investors LLC v. Mars Systems Inc.)
July 18, 2005... Byline: Ertel Berry North Carolina had personal jurisdiction over the tenant and guarantors in a lease/option dispute even though the tenant was a Virginia corporation, the guarantors were Virginia residents, the leased premises were in...

U.S. District Court Eastern District Case Summaries: July 18, 2005.
July 18, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy 'Deemed Filed' Claim - Late Amendment - Pension Fund - Termination Where the Pension Benefit Guaranty Corporation's (PBGC) claim was "deemed filed" under 11 U.S.C. 1111(a) by...

Richard T. Craven: 2005-2006 President - Cumberland County Bar Association.
July 18, 2005... Byline: North Carolina Lawyers Weekly Staff Biographical Information Law Firm: Partner, Murray, Craven & Inman, L.L.P., Fayetteville Practice Areas: Litigation and dispute resolution Education: B.A. UNC-Chapel Hill, 1975; J.D....

Lonnie Player Jr: 2005-2006 President-Elect - Cumberland County Bar Association.
July 18, 2005... Byline: North Carolina Lawyers Weekly Staff Biographical Information Law firm: The Law Firm of Hutchens Senter & Britton, P.A., Fayetteville Practice areas: Corporate Transactions; Commercial Litigation; Collections. Bar...

N.C. lawmakers ratify power of attorney and uniform trust code legislation.(North Carolina)
July 18, 2005... Byline: Ertel Berry Although the General Assembly's budget battle has slowed down action on other legislation, several measures of interest to attorneys have managed to slip through the logjam. In recent weeks, lawmakers have ratified...

U.S. Court of Appeals 4th Circuit Case Summaries: July 18, 2005.
July 18, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Removal Order - Legal Resident - Involuntary Manslaughter - DUI The Board of Immigration Appeals erred in ordering a Mexican citizen's removal from the U.S....

NC Court of Appeals Unpublished Case Summaries: July 18, 2005.
July 18, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Commercial Driver's License - Visual Acuity - Each Eye - Federal Regulation Where 49 C.F.R. 391.41(b)(10) only allows a driver to operate a commercial vehicle in...

N.C. Administrative Hearings Case Summaries: July 18, 2005.
July 18, 2005... Byline: North Carolina Lawyers Weekly Staff Elections Administrative - Political Action Committee - Advertisement - Gubernatorial Race Where the petitioner was fined for broadcasting a purportedly pro-Patrick Ballantine...

N.C. Administrative Hearings Case Summaries: July 25, 2005.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Medicaid - Medically Necessary Services - Mental Health - Response Team Where the minor petitioner suffers from bipolar disorder, attention deficit hyperactivity disorder,...

N.C. Court of Appeals rules undue influence grounds to annul elderly man's marriage.
July 25, 2005... Byline: Ertel Berry A well-settled ground for invalidating wills undue influence can also be the basis for annulling a marriage, according to a first-impression opinion from the Appeals Court. It's generally accepted that a marriage...

N.C. Court of Appeals rules arbitration clause with company covered sales agent.
July 25, 2005... Byline: Ertel Berry A couple's agreement to arbitrate claims against a real estate company over the purchase of a Hillsborough home also applied to claims against a company sales agent, the Court of Appeals held July 19. That was so,...

N.C. bar committee releases final report in Hoke/Graves case.
July 25, 2005... Byline: Michael Dayton The final report on the Hoke/Graves case is in, with detailed findings on what went right and what went wrong at the disciplinary hearing, as well as recommendations on what needs to be fixed. The proposed...

American Bar Assn. advocates jury trial innovations.
July 25, 2005... Byline: Nora Lockwood Tooher In an endeavor that could affect millions of Americans called for jury duty each year, the American Bar Association has produced a progressive set of jury principles, aimed at increasing jury participation and...

Charlotte law office of Alston & Byrd adds three attorneys as partners.(new appointments)
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Paul S. Donohue, John F. Baron and James A.L. Daniel Jr., have left Parker Poe Adams & Bernstein to join the Charlotte office of Alston & Byrd as partners. Donohue will lead the leveraged...

Shirley Fulton named Mecklenburg County Bar president.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff The Mecklenburg County Bar has named Shirley L. Fulton as its new president. Judge Fulton is the first African-American woman to serve in this role. She received her undergraduate degree...

Charlotte lawyer Gary Jackson co-chairs Tort Reform Task Force.(Nick Ellis)(Brief Article)
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Charlotte plaintiff's lawyer Gary Jackson became co-chair of the North Carolina Bar Association's Tort Reform Task Force on July 1. Jackson shares task force leadership with Nick Ellis, a...

N.C. Court of Appeals rules no hiring liability for salesman's break-in, assault rules N.C. Court of.
July 25, 2005... Byline: Ertel Berry A woman who was assaulted by a door-to-door salesman during a break-in failed to prove the company he worked for owed her a duty not to employ him in that type of job, the Court of Appeals ruled July 19. In a 2-1...

N.C. Lawyers in the News: July 25, 2005.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Three attorneys have joined Maupin Taylor's litigation practice group, Matthew Fussa, Jonathan Bumgarner and Winborne Boyles. Fussa comes to the firm after 10-plus years as an attorney in the U.S....

Triangle Collaborative Family Law Association formed.(Triangle Collaborative Family Law Association)(Brief Article)
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff A group of Triangle lawyers working to eliminate or ease the hostility which often accompanies marital breakups has formed a new legal group, the Triangle Collaborative Family Law Association,...

Three RBH lawyers named N.C. Bar Assn. Section Chairs.(Robinson, Bradshaw & Hinson law firm)(North Carolina Bar Association)
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Mark W. Merritt, David M. Schilli and Julian H. Wright, Jr. were each appointed as section chairs at the North Carolina Bar Association's annual meeting on June 25. There are 28 practice...

Verdicts & Settlements (July 25, 2005): Decedent's estate gets $700,000 verdict over work zone wreck.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful death Injuries alleged: Death Name of case: Carbonaro v. McNeill Court/county: Wilkes County Superior Court Case no.: 04 CvS 1475 Tried before: Jury...

Verdicts & Settlements (July 25, 2005): Federal judge rejects employment discrimination suit.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Employment discrimination Injuries alleged: Mental suffering, lost income Name of case: Morris-Belcher et al v. Housing Authority of the City of Winston-Salem ...

Verdicts & Settlements (July 25, 2005): Family of child wins $6K on negligent home health care claim.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Brain injury followed by death two years later Name of case: Confidential Court/county: Confidential Case no.: Confidential...

Commentary: "The Civilized Divorce".
July 25, 2005... Byline: Lee S. Rosen Nationwide, collaborative divorce is attracting considerable attention as a proactive and humane settlement option, and it's starting to catch on here in North Carolina as well. When executed as agreed to by divorcing...

U.S. Court of Appeals 4th Circuit Case Summaries: July 25, 2005.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights High School Wrestling Coach - Team Abuse - Qualified Immunity A North Carolina high-school wrestling coach is not entitled to qualified immunity in a civil rights suit filed...

U.S. Bankruptcy Court Case Summaries: July 25, 2005.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Exemption - Objection - Insurance - Disability Payments Where G.S. 1-362 creates an exemption for "the earnings of the debtor for his personal services," the debtor may not...

N.C. Court of Appeals Case Summaries: July 25, 2005.
July 25, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Partnership - Name Change - CPA's - Confusion - Constitutional - Free Speech Where the petitioner sought to change its name from "McGladrey & Pullen, LLP" to "RSM...