North Carolina Lawyers Weekly articles from July 2007

North Carolina Lawyers Weekly archives from July 2007

Commentary: Mr. Micawber's bad day: Is notice pleading dead?
July 2, 2007... Byline: John Sarratt In a landmark decision that may make it considerably more difficult for plaintiffs to successfully plead many kinds of fraud, conspiracy, antitrust, and securities violations in federal court, the Supreme Court of the...

N.C. Lawyers in the News: July 2, 2007.
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff Four lawyers have joined Smith Moore's Wilmington office: David Barefoot, Frank Martin and David Martin, who were formerly with Manning Fulton & Skinner's Wilmington location, and Jill Raspet...

Wake County Bar Assn., 10th District Bar win Gambrell Award.(Smythe Gambrell Professionalism Award)(Brief article)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff The Wake County Bar Association and the 10th Judicial District Bar will receive the E. Smythe Gambrell Professionalism Award at the American Bar Association meeting in San Francisco on Aug. 10....

N.C.'s oldest law firm Craige Brawley Liipfert & Walker celebrates 175 years.(North Carolina)(Brief article)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff North Carolina's oldest law firm, Craige Brawley Liipfert & Walker LLP, is pleased to announce its 175th anniversary. The firm, founded in 1832 in Salisbury by four-term U.S. Rep. Burton...

North Carolina Central University praised for legal education.(Brief article)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff North Carolina Central University's School of Law may be one of the best kept secrets around. According to Vault, Inc., a publishing firm that researches and collects data on diverse professions,...

N.C. Bar Association announces award winners.(North Carolina)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff Presented June 21-24 at the N.C. Bar Association's annual meeting in Asheville: Judge John J. Parker Memorial Award Henry E. Frye (Greensboro) The highest honor awarded by the NCBA,...

Clarification.
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff A verdicts and settlements report in the June 18, 2007, issue of North Carolina Lawyers Weekly did not fully state the jury's findings in a product liability case, C.S.S., a Minor, and C.B.S., a...

Rule 14 has flexibility on third-party complaints, rules N.C. Court of Appeals.(Symphony Diagnostic Services No. 1, Inc., Big Elm Retirement Center)
July 2, 2007... Byline: Fred Horlbeck Editor Even though a Cabarrus County retirement center did not have permission to file a late third-party complaint, its default judgment on that complaint was valid, the N.C. Court of Appeals said. The defendant...

New president of N.C. Bar Association starts 4ALL campaign.(Janet Ward Black, North Carolina)
July 2, 2007... Byline: Guy Loranger It's a common experience: A person goes to law school with notions of helping others and achieving equal access to justice for all. Then, something happens. "I think a lot of times we get out for 10 years or...

Becton strides into new role as N.C. Bar Association's president-elect.(Charles L. Becton, North Carolina)
July 2, 2007... Byline: N.C. Lawyers Weekly Staff Report Thirty-two steps: Charles L. Becton said he counted each one as he walked to the dais to accept his nomination as the president-elect of the N.C. Bar Association. It wasn't lost on him that each...

N.C. Court of Appeals sets limit on trial court's child support reduction.(North Carolina)
July 2, 2007... Byline: N.C. Lawyers Weekly Staff Report A trial court could not reduce a father's child support payments based on his children's receipt of their deceased stepfather's Social Security benefits -- unless the court also found the father...

Plaintiff's release also excuses two remaining defendants, rules N.C. Court of Appeals.(North Carolina)
July 2, 2007... Byline: N.C. Lawyers Weekly Staff Report A Nash County plaintiff who signed a release discharging a defendant and an insurance company from a lawsuit in an auto accident also excused the two remaining defendants, despite his intentions to...

'Black belt' quality control may give small firms an edge.
July 2, 2007... Byline: Dick Dahl Richard J. Sabat knows what it feels like to be seen as a traitor. For years, general counsel have been emphasizing the need for more cost-efficient delivery of outsourced legal services -- and some lawyers, like...

Commentary: To market your practice with authenticity, just be yourself.
July 2, 2007... Byline: Mark Powers In client development seminars and workshops I am often asked whether the most successful rainmakers are effective because of their personality and natural ability -- or whether something else is at play. These...

John Housan "Jack" Fenner of Rocky Mount dies at age 80.(Obituary)(Brief article)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff John Housan "Jack" Fenner of Rocky Mount died June 24 at age 80. Born in Halifax County, he attained his law degree at Loyola University in 1972 after service in the U.S. Army. He passed the...

N.C. Administrative Hearings Case Summaries: July 2, 2007.(North Carolina)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Public Employees - Administrative - National Certification - Fee Repayment Stallings v. North Carolina State Board of Education. (Lawyers Weekly No. 07-09-0736, 11...

NC Court of Appeals Unpublished Case Summaries: July 2, 2007.(North Carolina)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Civil Practice - Judicial Review - Untimely Petition Alchem, Inc. v. N.C. Department of Environment & Natural Resources. (Lawyers Weekly No. 07-16-0791, 6 pp.) (Douglas...

U.S. Bankruptcy Court Case Summaries: July 2, 2007.
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Dischargeability - Domestic Relations - Property Settlement & Alimony Zeitchik v. Zeitchik. (Lawyers Weekly No. 07-05-0801, 15 pp.) (Randy D. Doub, J. - Judgment & Memorandum...

U.S. Court of Appeals 4th Circuit Case Summaries: July 2, 2007.
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Subject Matter Jurisdiction - Amount in Controversy Arbitration Award. Choice Hotels Int'l Inc. v. Shiv Hospitality LLC. (Lawyers Weekly No. 07-01-0798, 10 pp.) (Garbis,...

U.S. District Court Eastern District Case Summaries: July 2, 2007.(Case overview)
July 2, 2007... Byline: North Carolina Lawyers Weekly Staff Judges Recusal Motion - Attorneys - Prior Litigation - Unrelated United States v. Black. (Lawyers Weekly No. 07-02-0800, 64 pp.) (James C. Dever III, J. - Order) E.D.N.C. Even though...

Res ipsa amputated: Plaintiffs turn to circumstantial evidence.
July 16, 2007... Byline: Mark McGrath At both the federal and state levels, the latest medical malpractice reform campaign seems to have fallen short of its mark. Despite the relentless efforts of the insurance and medical lobbies, statutory medical...

Offer to Purchase and Contract form in North Carolina undergoes changes.
July 16, 2007... Byline: John A. Turner and Will Martin Effective July 1, 2007, extensive changes have been made to the standard Offer to Purchase and Contract form (N.C. Bar Association Form No. 2 and NCAR Form 2-T), which is jointly created and...

North Carolina Lawyers In The News: July 16, 2007.
July 16, 2007... Byline: North Carolina Lawyers Weekly Staff Craig Cannon, an associate at Womble Carlyle's Winston-Salem office, has been elected to serve as secretary of the North Carolina Bar Association's young lawyers division. He is a member of the...

Court rules on case against state.(North Carolina Supreme Court)
July 16, 2007... Byline: Guy Loranger A special relationship existed between the state's jail safety inspectors and inmates killed or injured in a 2002 Mitchell County fire, the N.C. Supreme Court ruled June 28. The decision should allow a negligence...

N.C. Court of Appeals rules debt collector's calls outside limitations period admissible.(North Carolina)
July 16, 2007... Byline: NCLW Staff Reports A debt collector's phone calls made outside the statute of limitations period could be considered by a jury as corroborative evidence of "harassment" in a Chapter 75 consumer protection claim, the Court of...

N.C. lawyer can't enforce judgment against S.C. clients.(North Carolina lawyer Paul L. Erickson, South Carolina)
July 16, 2007... Byline: Gregory Froom A recent ruling from the S.C. Court of Appeals underscores the need for caution when trying to enforce out-of-state default judgments in that jurisdiction. In a rare 6-3 en banc decision, the appeals panel held...

Real estate lawyers adding 'anti-terrorism' clauses to contracts in wake of federal order.
July 16, 2007... Byline: Nora Lockwood Tooher An executive order targeting supporters of terrorism has had implications for an unlikely group -- real estate attorneys. Executive Order 13224 froze the assets of persons designated as supporters of...

North Carolina Legal Obituaries: July 16, 2007.(Obituary)
July 16, 2007... Byline: North Carolina Lawyers Weekly Staff Judge Lowry M. Betts Judge Lowry Matthews Betts, 76, died at his home near Pittsboro on July 9. A native of Columbia, S.C., he received his law degree from the University of North...

N.C. Court of Appeals Case Summaries: July 16, 2007.(North Carolina)
July 16, 2007... Byline: North Carolina Lawyers Weekly Staff Banks & Banking Credit Card - NBA - Usury - Federal Preemption - South Dakota Law Citibank, South Dakota, N.A. v. Palma. (Lawyers Weekly No. 07-07-0824, 10 pp.) (Linda M. McGee, J.)...

N.C. Supreme Court Decisions: July 16, 2007.(North Carolina Supreme Court)
July 16, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Constitutional - Unanimous Verdict - Sexual Abuse - Sentencing - Blakely State v. Massey. (Lawyers Weekly No. 07-06-0813, 6 pp.) (Paul M. Newby, J.) From the Court of...

U.S. Court of Appeals 4th Circuit Case Summaries: July 16, 2007.(United States Court of Appeals for the 4th Circuit)
July 16, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Vehicle Sales Regulation - Extraterritorial Scope - S.C. Law Carolina Trucks & Equipment Inc. v. Volvo Trucks of N.A. Inc. (Lawyers Weekly No. 07-01-0857, 15 pp.)...

Lawyers not always equipped to work with family-owned businesses.
July 23, 2007... Byline: Thomas D. Davidow Dolan Media Newswires PROVIDENCE, R.I. — As a family business consultant, I have found lawyers to be some of the smartest professionals with whom I work. As a group, they are highly conceptual and...

'Til death do us part: Lawyers see increase in post-nuptial agreements.
July 23, 2007... Byline: Reni Gertner Dolan Media Newswires BOSTON, Mass. — Most couples wait until the going gets tough in their marriage to head for the lawyers. But recently some high-wage earners — hedge fund managers in particular...

When marriage is unraveling, legal separation might be best option.
July 23, 2007... Byline: Lawrence J. Okstein Dolan Media Newswires BOSTON, MASS. — There are several reasons why someone whose marriage is on the rocks might consider legal separation instead of divorce. For instance, one's religious convictions...

Durham attorney F. Bruce Williams dies.(Obituary)(Brief article)
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff F. Bruce Williams F. Bruce Williams of Durham, 49, died July 16. Born in Stamford, Ct., he joined the U.S. Army after graduating from high school. After undergraduate school at the...

N.C. Administrative Hearings Case Summaries: July 23, 2007.(North Carolina)
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Trusts & Estates - Medicaid Lien - Hardship Waiver - Other Income - Residency Requirement - Delayed Claim Yancey v. N.C. Department of Health & Human Services, Division of...

N.C. Business Court Case Summaries: July 23, 2007.(North Carolina)
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Corporate Unfair Trade Practices - Commerce - Securities Exception - Capital-Raising Latigo Investments II, LLC v. Waddell & Reed Financial, Inc. (Lawyers Weekly No. 07-15-0866, 9 pp.)...

N.C. Court of Appeals Case Summaries: July 23, 2007.(North Carolina)
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Dismissal - Notice of Appeal - Domestic Relations - Parent & Child - Termination of Parental Rights In re J.L. (Lawyers Weekly No. 07-07-0888, 5 pp.) (Robert...

U.S. Court of Appeals 4th Circuit Case Summaries: July 23, 2007.
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Egyptian Army Deserter - Asylum Request - Persecution Fear Abdel-Rahman v. Gonzales. (Lawyers Weekly No. 07-01-0894, 16 pp.) (King, J.) No. 06-1619, July 12,...

U.S. District Court Eastern District Case Summaries: July 23, 2007.
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Civil Practice - Federal Jurisdiction - Younger Abstention - Civil Penalty Beam v. Tatum. (Lawyers Weekly No. 07-02-0863, 9 pp.) (James C. Dever III, J. - Order) E.D.N.C....

North Carolina Lawyers In the News: July 23, 2007.
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Leigh C. Bagley has joined Bell, Davis & Pitt as an associate in the firm's Winston-Salem office, where she concentrates in commercial real estate. A Wake Forest law graduate, previously she was...

North Carolina Central University law dean Pierce appointed to foundation.(Raymond C. Pierce)(Brief article)
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Raymond C. Pierce, dean of the North Carolina Central University School of Law, has been named to the board of trustees of the National Association of Law Placement Foundation. The board,...

Legal Aid of North Carolina elects new directors.(Brief article)
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Ten North Carolinians, including seven lawyers, have been elected to serve on the board of directors of Legal Aid of North Carolina. The lawyers are Thomas S. Berkau of Smithfield, John J....

Emotional intelligence raises success quotient for law firm.
July 23, 2007... Byline: Fred Horlbeck, Editor So, is your law firm emotionally intelligent? It's a question that might raise eyebrows among partners, associates and staff alike -- if it comes up at all -- in law offices around the country. ...

N.C. Court of Appeals rules unrelated tenants can be family.(North Carolina)
July 23, 2007... Byline: North Carolina Lawyers Weekly Staff Even though college students who shared rental houses in Chapel Hill lived together in what they called "a home-like manner," neighbors could make them pack up and leave for violating restrictive...

N.C. appeals court rules expert can testify on car's stop distance under new, old Rule 702 versions.(North Carolina)
July 23, 2007... Byline: Guy Loranger An expert could testify about a vehicle's stopping distances to support a claim of contributory negligence, regardless of whether the new or old version of evidence Rule 702 applied, the Court of Appeals held in a...

Commentary: A sales perspective on the housing chill: Don't let it confuse you.
July 30, 2007... Byline: Bob Schultz A cooling housing market is no longer a threat lingering somewhere in the future. It is here. Even national builders are starting to see the effects. The good news is that you can still succeed in a cooling market....

Commentary: From the law clerk's perch: Some thoughts on litigating before the N.C. Court of Appeals.(North Carolina)
July 30, 2007... Byline: Saad Gul Author's note: Nothing in this piece should be taken to reflect the views of any of the Judges of the Court of Appeals. All mistakes and views are mine alone. This article is dedicated to Chief Judge John C. Martin, a...

Commentary: Kenyon v. Gehrig: Are surgical malpractice cases dead in N.C.?(North Carolina)
July 30, 2007... Byline: Mark McGrath Editor's note: This is the second installment in a two-part series in which Mark McGrath takes a look at surgical malpractice cases in North Carolina. In the first, he explored the application of the doctrine of res...

N.C. Lawyers in the News: July 30, 2007.(North Carolina)
July 30, 2007... Byline: North Carolina Lawyers Weekly Staff Dan M. Hartzog of Cranfill Sumner & Hartzog was inducted into the Litigation Counsel of America at its spring conference and induction of fellows in New York City. His firm's managing partner,...

N.C. Business Court rejects sanctions over defendant's $1 Rule 68 offer.(North Carolina)
July 30, 2007... Byline: Mike Dayton Offering a measly buck may not do much to encourage a settlement, but there is nothing sanctionable about that defense tactic, a Business Court judge has ruled. At issue in Burgess v. Am. Express Co. (North Carolina...

From DA vacancies to DWI: New laws in N.C. cover wide range.(district attorneys, driving while intoxicated, North Carolina)
July 30, 2007... Byline: Fred Horlbeck The new laws just keep rolling in. As the N.C. General Assembly nears the end of the 2007 portion of its 2007-2008 session, more than 150 bills have become law with a stroke of Gov. Mike Easley's pen. Over 70...

Continuous alcohol monitoring devices: Alternative to incarceration for DWI offenders in N.C.(driving while intoxicated, North Carolina)
July 30, 2007... Byline: Guy Loranger Gov. Mike Easley recently signed a law that officially recognizes the use of continuous alcohol monitoring devices as an alternative to incarceration for DWI offenders and as way to measure compliance for release,...

Charlotte attorney John Bundy Yorke, dies at age 52.(Obituary)(Brief article)
July 30, 2007... Byline: North Carolina Lawyers Weekly Staff John B. Yorke Charlotte lawyer John Bundy Yorke, 52, died Aug. 21 at his beach home in Ocean Isle. Born in Rock Hill, S.C., he went to undergraduate school at Wofford and graduated from...

N.C. Business Court Case Summaries: July 30, 2007.(North Carolina)
July 30, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Rule 11 - Sanctions Motions - Offer of Judgment - Rule 68 - $1.00 Burgess v. American Express Co. (Lawyers Weekly No. 07-15-0870, 12 pp.) (Albert Diaz, J. - Order &...

N.C. Court of Appeals Case Summaries: July 30, 2007.(North Carolina Court of Appeals)
July 30, 2007... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - Termite Inspection - Treatment Plan - Separate Agreements Hailey v. Terminix Co. of North Carolina, Inc. (Lawyers Weekly No. 07-16-0909, 6 pp.) (Ann Marie...

U.S. Court of Appeals 4th Circuit Case Summaries: July 30, 2007.
July 30, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Black Lung Benefits - Survivor Benefits. Sharpe v. Director, OWCP. (Lawyers Weekly No. 07-01-0922, 13 pp.) (King, J.) No. 05-1896, July 17, 2007; On Petition for Review....

Commentary: Disclosure of purchase prices for real estate becomes focus of growing national debate.
July 30, 2007... Byline: Darren Currin Most residential and commercial real estate professionals in Oklahoma realize how blessed they are to work in a state where purchase prices of properties are public record. It truly makes their job easier in being...

Commentary: Tenant-in-common offerings complex, but practitioners say tax benefits worth the effort.
July 30, 2007... Byline: Stephen I. Burr If you are a real estate, tax or securities lawyer, you may have "bumped" into tenant-in-common offerings lately. Perhaps a real estate client asked about how to do such an offering. Maybe a broker-dealer client...

Commentary: Single-member LLCs have advantages, Va. property investors find.(limited liability companies, Virginia)
July 30, 2007... Byline: Eric C. Perkins Most entrepreneurs and real estate developers/investors now acknowledge that the limited liability company (LLC) has become the entity of choice for many business and investment purposes. The single-member LLC...

Idaho employees of failed Nevada 1031 business say something wasn't right.(Arrow 1031 Exchange)
July 30, 2007... Byline: Brad Carlson They built their business to the point that it needed more resources, so they sold it to a big company. Then they saw the big company implode in a scandal of investigations by oversight agencies in Nevada and...