North Carolina Lawyers Weekly articles from July 2006

North Carolina Lawyers Weekly archives from July 2006

Ask The Risk Man: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Be careful if you send a direct-mail client solicitation letter across the North Carolina-South Carolina border. You just might find yourself subject to the disciplinary authorities in both...

North Carolina Lawyers in the News: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff N. Lawrence (Larry) Hudspeth III has relocated from the general practice firm of Shore Hudspeth & Harding, P.A. in Yadkinville, where he practiced for almost 30 years, to the Law Offices of Lana...

Supreme Court reverses Medicaid lien limit on medmal recovery.
July 10, 2006... Byline: Ertel Berry The Supreme Court has reversed a decision that in some instances could have let trial judges reduce Medicaid liens on tort settlements below the one-third cut allowed by statute and case law. At issue was the...

Cardiologist not rule 9(j) expert on bypass surgery claim.
July 10, 2006... Byline: Ertel Berry Because his specialty didn't involve surgery, an "interventional cardiologist" wasn't qualified to testify on whether cardiac surgeons botched a patient's bypass operation, the Appeals Court has ruled. That was so...

Passenger's claim dismissed against impaired driver.
July 10, 2006... Byline: Ertel Berry The Appeals Court has rejected a Wilkes County woman's claim that even though she was riding in a car operated by a drunk driver when she was injured, that didn't make her contributorily negligent as a matter of law....

Raleigh lawyer Prentiss Ann Allen dies.(Obituary)
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Prentiss Anne Allen Raleigh lawyer Prentiss Ann Allen died April 30 at age 64. After graduating from high school in Durham, she received a diploma in nursing at Watts Hospital School of...

N.C. Administrative Hearings Summaries: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Crime Victim's Compensation - Participation in Misdemeanor - Due Process - Proximate Cause - Marijuana Possession Where the evidence tended to show that the victim was...

N.C. Court of Appeals Case Summaries: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Arbitration Award Confirmation - Prejudgment Interest - Court's Addition - No Modification Where the arbitration award expressly stated that the parties' arbitration agreement...

N.C. Supreme Court Case Summaries: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Sentencing - Constitutional - Blakely - Aggravating Factor - Presumptive Range Where the trial court sentenced the defendant within the presumptive range, the court's...

NC Court of Appeals Unpublished Case Summaries: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - Buyer & Seller - Supplier - Oral Agreement Even though there is an arbitration agreement between the plaintiff-buyer and the defendant-seller, since the...

U.S. Bankruptcy Court Case Summaries: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Interest Rate - Secured Claim - Car - BAPCPA - Till Rate Where the debtors bought and financed their car less than 910 days before they filed this bankruptcy action, the...

U.S. Court of Appeals 4th Circuit Case Summaries: July 10, 2006.
July 10, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Labor - UMW - Sago Mine Disaster - Investigation Protocol In ruling on an investigation into the Sago Mine explosion in which 12 miners were killed and one seriously...

Commentary: ask the Risk Man.
July 17, 2006... Byline: Jay Reeves It seems the Risk Man's mailbag is stuffed with inquiries from real property lawyers. That's not surprising, in light of statistics from Lawyers Mutual and the State Bar that show real property law is an extremely...

North Carolina Lawyers in the News: July 17, 2006.
July 17, 2006... Byline: North Carolina Lawyers Weekly Staff The Forsyth County Women Attorneys Association has elected its new officers for the upcoming year. Dannielle D. Williard of Womble Carlyle Sandridge & Rice, PLLC was named president; Shannon...

Comp carrier penalized for rehab scheduling tactics.
July 17, 2006... Byline: Ertel Berry The Industrial Commission has sanctioned a comp carrier that tried to "set up" a claimant for a benefits cut-off by scheduling vocational rehab appointments when she wasn't in town. The missed appointments could...

Under protest four Charlotte attorneys refuse to pay bar surcharge.
July 17, 2006... Byline: Michael Dayton Four Charlotte attorneys have filed protests with the State Bar over a controversial $50 fee and say they won't pay it. The protest, which came to light last week, marks the latest skirmish over a surcharge...

Abolish assignments of error, says N.C. Appeals Court judge.
July 17, 2006... Byline: Ertel Berry The Court of Appeals has again dismissed an appeal because the arguments in an appellant's brief didn't match the assignments of error -- and once again a concurring judge has offered a remedy to fix that procedural...

N.C. Business Court Case Summaries: July 17, 2006.
July 17, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Venue - Contract - Banks & Banking - Choice of Law - Non- Exclusive Choice of Forum Even though both North Carolina and New York would be reasonable, fair and convenient...

NC Court of Appeals Unpublished Case Summaries: July 17, 2006.
July 17, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Summary Judgment - Basis - Labor & Employment Where the plaintiff argues on appeal that the defendant fraudulently induced the plaintiff to sign an Employment...

U.S. Court of Appeals 4th Circuit Case Summaries: July 17, 2006.
July 17, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative FDA Drug Approval - Generic Brand Marketing - 180- Day Period A pharmaceutical company that was the first to qualify to market a generic version of "Macrobid," a drug used...

U.S. District Court Middle District Case Summaries: July 17, 2006.
July 17, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Insufficient Contacts - Kentucky Defendant - Florida Cease & Desist Letter - Intellectual Property - Tree Ornaments Where the defendant's only...

N.C. Industrial Comm. Case Summaries: July 24, 2006.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Knee & Neck Injuries - Separate Incidents - Notice to Employer Where the plaintiff notified the employer on May 6, 2003 that he had hurt his knee while stepping down...

Commentary: Tools of the Trade: Time Management.
July 24, 2006... Byline: Lee S. Rosen According to a recent online survey of the ABA section of family listserve members, one of the most challenging issues facing family law practitioners today is time management. I can sympathize. One key element of my...

North Carolina Lawyers in the News: July 24, 2006.(Justin D. Robertson joins Patterson, Dilthey, Clay, Bryson and Anderson)(David E. Huffine joins Helms Mullis and Wicker's Wilmington office )(Charles S. Carter joins Troutman Sanders)
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Amy Berry, a workers' compensation attorney in Crumley & Associates' Burlington office, has been certified by the North Carolina Dispute Resolution Commission as a Superior Court mediator. Berry...

Chief District Judge Brown wins gold at N.C. State Games Criterium Championship.(Charlie Brown)(Brief article)
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Chief District Judge Charlie Brown (District 19-C, Salisbury) sprinted to victory at the N.C. State Games Criterium Championship, held June 25 in Cary. Cyclists raced around a 1-kilometer...

State Farm sued in N.C. court to enforce $10 million excess wreck verdict.(North Carolina, State Farm Mutual Automobile Insurance Co.)
July 24, 2006... Byline: Ertel Berry A Charlotte lawyer who won a $10 million verdict for a child hurt in a 2004 wreck has filed a separate lawsuit demanding that State Farm pay the entire judgment -- not just its $100,000 policy limits. The complaint...

Federal judge strikes removal from state to federal court over 'unanimity ' rule.
July 24, 2006... Byline: Ertel Berry A recent decision from the U.S. Middle District clarifies a key test faced by defendants who want to remove a case from state to federal court under the "unanimous joinder" rule. Case law is settled that a state...

N.C. appellate court okays admission of victim's text messages in murder case.(North Carolina)
July 24, 2006... Byline: Ertel Berry Durham County prosecutors properly established the authenticity of text messages that were sent to and from a murder victim's cell phone before he was killed, the Appeals Court has held in a first-impression ruling. ...

Workers' comp insurer sued over delay in refilling pain pills.(Gibson v. Liberty Mutual Insurance Company)
July 24, 2006... Byline: Michael Dayton Abuse of the pain medication Oxycontin has been implicated in hundreds of overdose deaths. Now, a comp carrier's delay in authorizing a prescription for that drug is being blamed in the death of a Catawba County...

Kennedy Covington wins Mecklenburg County Bar's pro bono award for Habitat work.(Brief article)
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Kennedy Covington is this year's recipient of the Mecklenburg County Bar's Outstanding Large Firm Award, says a news release. Presented at the MCB's annual meeting, the award recognized the...

Robert K. Walsh to retire as dean of Wake Forest University School of Law.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Robert K. Walsh, dean of the Wake Forest University School of Law, has announced that he plans to retire as dean next summer. Walsh, who will complete 18 years as dean in 2007, will remain at...

Correction.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff The July 17, 2006 article on the appeal dismissed in Ulin v. Ulin misidentified an attorney who commented on Appeals Court Judge James Wynn's call for the abolition of assignments of error. The...

John Edward Pechmann, lawyer of Fayetteville, dies July 15 at age 57.(Obituary)(Brief article)
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff John Edward Pechmann, lawyer of Fayetteville, died July 15 at age 57. He went to undergraduate school at Western Carolina University and earned his law degree at the University of North...

N.C. Court of Appeals Case Summaries: July 24, 2006.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Attorneys Disbarment - Intentional Misconduct - Trust Account Where the defendant-attorney knew that his trust account was out of balance and far short of the $16,584 he owed one client,...

U.S. Court of Appeals 4th Circuit Case Summaries: July 24, 2006.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Social Security - Sickle Cell Disease - Clinical Evidence - Pain A man who worked as a railroad crew leader for 13 years until pain from his sickle cell anemia became so...

U.S. District Court Middle District Case Summaries: July 24, 2006.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Jurisdiction - Removal - Multiple Defendants - Attorney's Representation - Remand Even though counsel for the corporate defendants indicated on the removal notice...

Verdicts & Settlements July 24, 2006: Mecklenburg jury awards $10M for child's brain injury.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Automobile negligence claim in connection with intersection collision. Suit was filed against the driver of the automobile in which the plaintiff was riding -- for allegedly...

Verdicts & Settlements July 24, 2006: Downtown Raleigh tire business gets $3.66 million.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation Injuries alleged: Taking of downtown Raleigh tire sales and service business Name of case: TTA v. Raleigh Dunlop Tire Sales, Inc. d/b/a Tire Supply,...

Verdicts & Settlements July 24, 2006: Motorist recovers $525,000 for arm, hand disfigurement.
July 24, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Motor vehicle negligence Injuries alleged: Arm and hand disfigurement, emotional trauma Name of case: Confidential Court/county: n/a Case no.: n/a -- settlement...

N.C. Lawyers in the News.
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff Raleigh attorney John H. Parker of Cheshire, Parker, Schneider, Bryan & Vitale has been inducted as a Diplomate in the American College of Family Trial Lawyers, making him one of only 100 lawyers...

Dail wins Chief Justice's Commission on Professionalism Meritorious Service Award.(Francis E. Dail)(Brief article)
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff The Chief Justice's Commission on Professionalism presented Francis E. Dail, administrative counsel of the North Carolina Court of Appeals, with the CJCP Award for Meritorious and Extraordinary...

N.C. Central University School of Law listed in Princeton Review.
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff The North Carolina Central University School of Law is one of the nation's top law schools, according to The Princeton Review. The New York-based education services company chose the school...

Ace Walker receives N.C. Bar Association's highest honor.(Clarence "Ace" Walker)(Brief article)
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff Clarence "Ace" Walker, counsel in the Charlotte office of Kennedy Covington, has been recognized by the North Carolina Bar Association with its highest honor, the John J. Parker Memorial Award....

N.C COS rules preparation for Charlotte rail system before condemnation was not 'taking'.
July 31, 2006... Byline: Ertel Berry Even if Charlotte's planning and preparations for a rail system prevented a landowner from subletting the property for two years, that wasn't a taking, the Appeals Court has held. The plaintiff's claim for inverse...

Asheboro lawyer drops challenge to N.C. Bar's PALS program.
July 31, 2006... Byline: Michael Dayton An Asheboro attorney has dropped his legal challenge to the State Bar's use of Alcoholics Anonymous as a treatment option for impaired lawyers. Alan V. Pugh in April took a voluntary dismissal without prejudice...

Western District Court rules medmal suit over doc's review of PA's treatment notes must be tried.(Barton v. Ingledue, physician's assistant )
July 31, 2006... Byline: Ertel Berry A hiker whose leg injury got infected two weeks after it was stitched up by a physician's assistant at Ashe Memorial Hospital can go to trial on medmal claims against the doctor who "signed off" on the PA's treatment...

U.S. Western District Court tosses Chapter 75 suit over seizure drug's 'off-label' promotion.
July 31, 2006... Byline: Ertel Berry A federal judge has tossed out claims that a man's near-fatal illness was caused by two drug companies' illegal promotion of "off-label" use for a prescription medicine. The plaintiff's allegations, if proven, would...

N.C. Court of Appeals Unpublished Case Summaries: July 31, 2006.
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff Contract Construction Project - Subcontractor's Lien - Contractor's Default Where (1) at the time the subcontractor filed its lien, the defendant-owner owed no funds to the...

U.S. Bankruptcy Court Case Summaries: July 31, 2006.
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Real Property - First Mortgage Foreclosure - Second Mortgage - Extinguished - Unsecured Claim - Discharged Where the holder of the first mortgage on the debtors' home...

U.S. Court of Appeals 4th Circuit Case Summaries: July 31, 2006.
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Felon in Possession - Insanity Defense - Inmate Hearsay A defendant who was arrested after he approached a Veterans Administration facility with a weapon, claiming to be...

U.S. District Court Middle District Case Summaries: July 31, 2006.
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff Constitutional First Amendment - Establishment Clause - Substance Abuser - 12- Step Program - State Licensing Even though the plaintiff may have entertained self-created...

U.S. District Court Western District Case Summaries: July 31, 2006.
July 31, 2006... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Unfair Trade Practices - Products Liability - Off- Label Drug Use - Pancreatitis - Causation - Expert Testimony - Daubert Where the plaintiff's expert on causation is only...