North Carolina Lawyers Weekly articles from June 2004

North Carolina Lawyers Weekly archives from June 2004

N.C. Court of Appeals rules objection not required to retry low damage verdict.
June 7, 2004... Byline: Ertel Berry Three Wilson County wreck plaintiffs whose damage award was too low will get a new trial, even though they didn't object to the testimony that improperly influenced jurors, the Appeals Court ruled June 1. In a...

Charlotte lawyer sanctioned by the North Carolina Bar Association for insider trading.
June 7, 2004... Byline: Michael Dayton A Charlotte lawyer has been disciplined for using insider information to make a $4,272 profit in the stock market. In a May 27 consent order, the Bar's Disciplinary Hearing Commission gave Arthur K. Bartlett a...

North Carolina Senate bill would extend limits on lawyers' targeted mailings.
June 7, 2004... Byline: Ertel Berry Targeted mailings to accident victims would be banned for 90 days under a bill now pending in the state Senate. SB 1317, introduced May 25 by Senate Majority Leader Tony Rand, D-Cum-berland, would impose...

N.C. Court of Appeals rules consent judgment could be revoked before entry.
June 7, 2004... Byline: Ertel Berry A Wayne County couple can go to trial against their homebuilder, even though their attorney had already signed off on a proposed judgment that settled the lawsuit and a consent order was entered, the Court of Appeals...

North Carolina Bar Association unveils new Justice Funds.
June 7, 2004... Byline: North Carolina Lawyers Weekly Staff The NCBA Foundation has unveiled four new Justice Funds at the Bar Center in Cary. Honored were the late James B. "Jick" Garland of Gastonia, the late I. Beverly Lake of Wake Forest, Richard Elton...

U.S. 4th Circuit Court of Appeals Case Summaries: June 7, 2004.
June 7, 2004... Byline: North Carolina Lawyers Weekly Staff Attorneys Sanctions Under Rule 11 - Safe Harbor - Plain Error On rehearing en banc, where defendant's motion for sanctions under Rule 11 was made after the case had terminated, service of...

North Carolina Lawyers In The News: June 7, 2004.
June 7, 2004... Byline: North Carolina Lawyers Weekly Staff Andrew W. Lax has become a shareholder in the McNair law firm's Charlotte office. A 1985 Wake Forest law grad and a certified mediator, his areas of practice include construction law, insurance...

Verdicts & Settlements June 7, 2004: N.C. jury award parents $210K over misplaced grave marker.
June 7, 2004... Byline: North Carolina Lawyers Weekly Staff Plaintiffs, Charles and Dorothy Miles, sued Glennview Memorial Park, Inc. cemetery and Joseph Parker d/b/a J and P Memorials for placing the grave marker of their seven-year-old deceased daughter,...

N.C. Court of Appeals Case Summaries: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Insurance Auto - UM - Separate Policies - No Stacking - Tort/Negligence -Personal Injury Where the plaintiff received $25,000 from the tortfeasor's liability policy and $5000 from his...

N.C. Unpublished Court of Appeals Case Summaries: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Attorneys Legal Malpractice Claim - Criminal Defendant - No Innocence Claim - Judges & D.A. Where the plaintiff does not allege that he is innocent of whatever criminal charges were...

U.S. Bankruptcy Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Chapter 7 - Abuse - Stable Income - Luxury Items Where, if the debtor stopped buying unnecessary luxury items, her stable income would allow her to pay her unsecured creditors a dividend of...

U.S. 4th Circuit Court of Appeals Case Summaries: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Commercial Jurisdiction - Promissory Note - Foreign Sovereign Even though plaintiff seeks to compel payment of a promissory note issued by former staff members of the National Defense...

North Carolina Lawyers In The News: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Court of Appeals Judge John Tyson (l) and Supreme Court Justice Robert Edmunds hold tight to their new LL.M. degrees after graduation exercises at the University of Virginia. The two took six law...

North Carolina Lawyers In The News: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Management employment law attorney Bob Sheahan was recognized by the N.C. Bar Association for his contributions to the General Practice Deskbook. He furnished numerous chapters within his areas of...

Future health premiums claimed in wreck settlement.
June 14, 2004... Byline: Ertel Berry An Orange County auto accident plaintiff who sought compensation for future medical bills -- and future health insurance premiums -- has obtained a $3.25 million settlement. Recovering the cost of health insurance...

Verdicts and Settlements June 14, 2004: N.C. auto accident suit settles for $3.25M.
June 14, 2004... Byline: Ertel Berry An Orange County auto accident plaintiff who sought compensation for future medical bills -- and future health insurance premiums -- has obtained a $3.25 million settlement. Recovering the cost of health insurance...

O. Max Gardner wins 2004 Champion of Consumer Rights award.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff The National Association of Consumer Bankruptcy Attorneys named Shelby lawyer O. Max Gardner III its 2004 Champion of Consumer Rights at the organization's annual meeting in Boston. Gardner...

N.C. lawyer cleared on attempt to collect unpaid judgment.
June 14, 2004... Byline: Michael Dayton A Raleigh lawyer has been cleared of ethical violations for steps he took to collect the balance of a $1.1 million judgment for a Johnston County accident victim. At a June 4 hearing at the State Bar in Raleigh,...

N.C. Court of appeals denies bipolar wife alimony over 'explosive' conduct.
June 14, 2004... Byline: Ertel Berry A Wilson County wife with bipolar illness was properly denied permanent alimony because her "explosive" behavior -- confronting school officials, yelling at family members, and picking fights with her husband -- made...

U.S. Middle District Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - Fraud in the Inducement - Labor & Employment Where the plaintiff contends that, when she signed the management application, the defendant-employer's division...

Verdicts & Settlements June 14, 2004: N.C. motorist recovers $525K for personal injuries.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Plaintiff McKinney was injured when Defendant Laughinghouse failed to yield the right-of-way and collided with Plaintiff's vehicle. Plaintiff's injuries required internal fixators to the left...

Commentary: Ask the Risk Man: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Deadlines are our friends. Where would we be without them? Lost in a swamp of procrastination, avoidance and denial, if you're like most of us. Be honest now. Are you the type of lawyer...

NCBA voices opposition to legislation calling for mandatory campaign finance fees.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff The executive committee of the North Carolina Bar Association board of governors has voted to oppose legislation that would place a mandatory $50 public campaign financing assessment on North...

Federal court slashes legal fees to actual trial work.
June 14, 2004... Byline: Ertel Berry A Title VII plaintiff whose attorney failed to keep accurate time records and overbilled for routine tasks will get only $16,000 on a $154,000 fee request, a federal judge has ruled. U.S. Middle District Judge Frank...

N.C. Administrative Hearings: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Administrative CON - MRI Scanner - Location - Underserved Groups - Revenues - Open Scanner Where the intervenor proposed to place the fixed MRI scanner in an outpatient facility, give...

U.S. Western District Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Race Discrimination Claim - Failure to Promote - Qualifications Where the plaintiff never applied for a promotion, and where the candidates promoted...

Verdicts & Settlements June 14, 2004: N.C. jury awards $2M over TB death from misdiagnosis.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff In August 2001, defendant Dr. Kim, an allergist and ear, nose and throat doctor, began seeing Doris Boykin. Mrs. Boykin was a 67-year-old African American female, married for 46 years, mother of...

U.S. Eastern District Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Schools & School Boards - Student Information - FERPA - Law Enforcement Exception Where the plaintiff seeks to enforce civil rights laws regarding...

N.C. Court of Appeals rules third-party defendant gets costs when case dismissed.
June 21, 2004... Byline: Ertel Berry An Iredell couple who dismissed a suit against a builder for shoddy work must pay some costs incurred by a third-party defendant that was sued by the builder for indemnity, the Appeals Court ruled June 15. The...

N.C. cameraman wins occupational comp claim for lifting injury.
June 21, 2004... Byline: Ertel Berry A cameraman who tore his shoulder lifting a 45-pound camera on a movie set -- then continued to have rotator cuff problems and joint inflammation -- could collect compensation for an occupational disease, the Industrial...

North Carolina Bar groups poised to study registration of in-house counsel.
June 21, 2004... Byline: Michael Dayton Should in-house counsel who work in North Carolina but are licensed elsewhere be required to join or register with the State Bar? That's the issue two committees will debate in the coming months, reflecting a...

N.C. Court of Appeals Case Summaries: June 21, 2004.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff Arbitration Enforceability - FAA Applicability - Labor & Employment - Doctor's Contract - California Recruit Where some statutory authority is required to make an arbitration agreement...

Verdicts & Settlements June 21, 2004: N.C. good samaritan struck by sliding truck recovers $500K.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff On Dec. 22, 2000, plaintiff, Peter Menikos, was assisting another motorist on the road shoulder of the northbound lane just past a bridge on Highway U.S. 1 near the Franklin County-Vance County...

Verdicts & Settlements June 21, 2004: Truck's highway u-turn results in $485K for motorist.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff Plaintiff, a 20-year employee of PepsiCo, was operating an 18-wheel tractor-trailer fully loaded with cases of Pepsi. He was traveling on I-40 near Johnston County in the left lane of I-40 heading...

North Carolina Lawyers In The News: June 21, 2004.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff Jack Hicks, a lawyer in the intellectual property section at Womble Carlyle Sandridge & Rice's Greensboro office, has been appointed as a director of the suppliers board of the American Furniture...

N.C. Court of Appeals rules warehouse party fire covered by homeowners' insurance.
June 21, 2004... Byline: Ertel Berry Two guests injured in a fire at a man's birthday party could recover against his homeowners' policy -- even though the shindig was held in a vacant Raleigh warehouse 20 miles from the man's Durham home, the Appeals...

N.C. Industrial Commission Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Occupational Disease - Rotator Cuff Tear - Chronic Condition - Acute Event Where the plaintiff's doctor testified that his work as cameraman predisposed him to...

U.S. Middle District Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff Priority Claim - Employee Medical Benefits Plan - Administrator - Contributions Where 11 U.S.C. 507(a)(4) does not specifically limit its application to employees, the defendant-health plan...

U.S. 4th Circuit Court of Appeals Case Summaries: June 21, 2004.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Asylum - Voluntary Departure A native of Kenya who alleged he was imprisoned and tortured for protesting that country's treatment of its tea farmers, loses...

U.S. Western District Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff Constitutional Freedom of Religion - Freedom of Speech - Search & Seizure - Family Privacy - Church Group - 'Strong Prayer' Where the plaintiffs allege the defendants used heavy-handed...

Verdicts & Settlements June 21, 2004: N.C. landowners win $2.25M condemnation verdict.
June 21, 2004... Byline: North Carolina Lawyers Weekly Staff The DOT condemned approximately eight acres of right-of- way and easements for the construction of the Western Alamance Loop and deposited $400,800 as its estimate of just compensation. The...

North Carolina Lawyers In The News: June 28, 2004.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Greensboro lawyer Ed Winslow III, managing partner of Brooks, Pierce, McLendon, Humphrey & Leonard, addressed the North Carolina Bankers Assoc-iation's annual convention in Maui, Hawaii. His...

N.C. Bar Association announces 2004 General Practice Hall of Fame inductees.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff The North Carolina Bar Association has inducted six new members into the General Practice Hall of Fame. This year's inductees, who bring membership in the Hall of Fame to 86, are John "Ed"...

N.C. Court of Appeals rules living under the same roof didn't void separation pact.
June 28, 2004... Byline: Ertel Berry Even though a Dare County husband moved back to the marital home where his wife lived -- and accompanied her to parties, paid bills and did household chores for six months -- that wasn't a reconciliation voiding the...

N.C. Bar Association presents its Pro Bono Service awards.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff The North Carolina Bar Association, in conjunction with the N.C. Pro Bono Project of the NCBA Foundation, presented its 2004 Pro Bono Service awards during the 106th NCBA Annual Meeting at the...

U.S. Middle District Court Case Summaries: June 28, 2004.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Environmental Wetlands - Army Corps of Engineers - Permit - Airport - Cargo Hub - Alternative Sites - Mitigation Plan Even though Federal Express will be the beneficiary of the proposed...

U.S. Western District Court Case Summaries: June 28, 2004.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Collective Bargaining Agreement - Retirees - Medical Benefits - Changes Where several witnesses--both union and management--have said it was clearly understood by both...

Verdicts & Settlements June 28, 2004: Chiropractic negligence suit settles for over $68K.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Plaintiff sought help from chiropractor for neck pain and severe headaches. He had no prior significant medical history and there had been no recent trauma. The plaintiff contended the defendant...

Verdicts & Settlements June 28, 2004: Spinal surgery med-mal claim results in $2M settlement.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Plaintiff Doe, a middle-aged male with a wife 10 years younger than he, went to Doctor Roe for a microdiscectomy. During the surgery, while using a Cobb Elevator, Dr. Roe injured several lower...

N.C. Bar Association inducts six new members into the General Practice Hall of Fame.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff The North Carolina Bar Association has inducted six new members into the General Practice Hall of Fame. This year's inductees, who bring membership in the Hall of Fame to 86, are John "Ed"...

N.C. trial judge throws out $1 verdicts in Catawba County auto death case.
June 28, 2004... Byline: Ertel Berry A trial judge has ordered a retrial on damages after Catawba County jurors awarded $1 to the estate of a motorist killed in an intersection collision -- then kicked in another dollar for his widow. Citing inadequate...

N.C. Court of Appeals rules child can sue friend's parents for injury from billiard ball.
June 28, 2004... Byline: Michael Dayton A child who was injured when a 7-year-old friend hit her with a billiard ball has had her lawsuit revived by the Court of Appeals. The child was visiting her friend when the incident occurred. The parents of the...

N.C. Bar Association honors Robinson O. Everett with Judge John J. Parker Memorial Award.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Robinson O. "Robbie" Everett, an icon in the North Carolina legal community whose affiliation with the Duke Law School spans more than half a century, was honored June 19 by the North Carolina...

North Carolina Academy of Trial Lawyers elect new officers.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Raleigh attorney E. Spencer Parris has been elected president of the North Carolina Academy of Trial Lawyers, and Winston-Salem lawyer Clifford Britt has been named president-elect at the group's...

N.C. Court of Appeals reverses UM ruling over part-time student's residency.
June 28, 2004... Byline: Ertel Berry A wreck victim may have been covered as a "household resident" by her sister's auto policy -- even though the sister lived in Indiana while the decedent lived in Statesville with their parents, the Appeals Court has...

U.S. 4th Circuit Court of Appeals Case Summaries: June 28, 2004.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Administrative FOIA - Government Contract - Attorney Work Product A lawyer who represents a contractor involved in a construction dispute over a government-funded project in Egypt cannot...

Former N.C. Supreme Court Chief Justice Rhoda Billings to co-chair Right to Counsel Committee.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Former N.C. Supreme Court Chief Justice Rhoda Billings has been appointed co-chair of the National Committee on the Right to Counsel, which will examine the ability of the American criminal...

N.C. Bar Association names G. Gray Wilson its president.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff G. Gray Wilson of Winston-Salem has been installed as the 110th president of the North Carolina Bar Association, and Greenville lawyer Mike Colombo was named president-elect during swearing-in...

Officers and board of directors are inducted at NCADA annual meeting.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff J. Nicholas Ellis of Rocky Mount was inducted as president of the North Carolina Association of Defense Attorneys and Charlotte lawyer Mel J. Garofalo was named president-elect at the group's 27th...

N.C. Unpublished Court of Appeals Case Summaries: June 28, 2004.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Practice Class Action - Dispositive Motion - Prisons & Jails - Prisoners - Earned & Merit Time Even though the complaint challenges the Department of Correction's failure to credit...

U.S. Eastern District Court Case Summaries: June 28, 2004.
June 28, 2004... Byline: North Carolina Lawyers Weekly Staff Civil Practice Service of Process - Summons - Individual Defendant - Wrong Person Where the plaintiffs knew they had served the wrong Charles Brame when their counsel received a letter...