North Carolina Lawyers Weekly articles from June 2005

North Carolina Lawyers Weekly archives from June 2005

N.C. Industrial Commission rules wrong surgery choice did not cut off comp causation.
June 6, 2005... Byline: Ertel Berry Even if a comp claimant's knee replacement had to be redone because his doctor's choice of surgical procedures turned out to be wrong that didn't break the causal link to the original job injury, the Industrial...

Charlotte lawyer to take over as president of North Carolina Association of Defense Attorneys.(Mel J. Garofalo)
June 6, 2005... Byline: Michael Dayton The number 1,000 holds special significance for Charlotte lawyer Mel J. Garofalo. "When I first began practicing in Charlotte in 1978, there was a lot of hoopla in the fact that the class I was sworn in with put...

Greensboro Bar Association honors two members with Distinguished Service Awards.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff August (Gus) L. Meyland Jr. and Braxton Schell were awarded the GBA Distinguished Service Award at the April 21 Bar meeting. The award, first presented in 1993, honors lawyers who have made...

N.C. Administrative Hearings Case Summaries: June 6, 2005.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Public Employees - State University - Police Department - Pay Reorganization - Sex Discrimination Where the respondent-campus police department's reorganization of its...

Chief Justice Lake wins American Judicature Society's Herbert Harley Award.(Brief Article)
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Chief Justice I. Beverly Lake was presented the American Judicature Society's Herbert Harley Award at a reception and ceremony in Durham last week. Justice Lake was honored for his "outstanding...

Former N.C. District Court Judge Robert M. Davis dies at 78 years of age.(Brief Article)(Obituary)
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Robert M. "Bob" Davis of Salisbury, former District Court judge and political leader, died April 2, Lawyers Weekly has learned. He was 78 years of age. Born in China Grove, Davis went to law...

U.S. Court of Appeals 4th Circuit Case Summaries: June 6, 2005.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Mail Fraud - Bingo - Falsified Reports On rehearing, the 4th Circuit holds that a defendant who participated in a scheme to defraud a speech and hearing center that...

U.S. District Court Eastern District Case Summaries: June 6, 2005.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Insurance Auto & Homeowners - Old Car - Attempt to Start - Fire Where a homeowner and his son were attempting to start the homeowner's uninsured 1986 Ford LTD so they could move it to...

U.S. District Court Middle District Case Summaries: June 6, 2005.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - Health Care - Consideration - Mutual Promises Even though, in exchange for the plaintiff's decedent's promise to arbitrate any claim she had against the...

U.S. District Court Western District Case Summaries: June 6, 2005.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Wrongful Death - Workers' Compensation - Exclusivity Provision - Workplace Shooting Even though the plaintiff's decedent was not the target of his disgruntled co- worker,...

U.S. Bankruptcy Court Case Summaries: June 6, 2005.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Repossessed Vehicle - Ownership - Adequate Protection Even though the creditor repossessed the debtor's car before she filed her bankruptcy petition, under the N.C. Uniform...

Federal judge rules woman who signed Duke's medmal arbitration form waived right to sue.(Medical malpractice)
June 6, 2005... Byline: Ertel Berry A woman who signed an arbitration form before treatment at Duke's Private Diagnostic Clinic waived her family's right to sue for malpractice, a federal judge has ruled. The holding, which stayed a lawsuit brought by...

N.C. Industrial Comm. Case Summaries: June 6, 2005.
June 6, 2005... Byline: North Carolina Lawyers Weekly Staff Workers Compensation PTSD - Co- Worker's Threat - Knife - Injury by Accident Where, according to the plaintiff's treating psychiatrist, the plaintiff developed post-traumatic stress...

U.S. Court of Appeals 4th Circuit Case Summaries: June 13, 2005.
June 13, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Immigration Detention - False Imprisonment - FTCA Even though a Panamanian man was illegally detained for 422 days under an immigration statute later declared...

N.C. Appeals Court upholds Greensboro tort claim settlement policy.(North Carolina)
June 13, 2005... Byline: Ertel Berry Greensboro officials didn't violate a tort claimant's due process and equal protection rights by asserting government immunity against his lawsuit, while settling similar claims by other litigants, the Appeals Court...

Winston-Salem lawyer to head N.C. Academy of Trial Lawyers in 2005-06.
June 13, 2005... Byline: Michael Dayton Sometimes it only takes one compelling story to change an outdated law, says Winston-Salem lawyer Cliff Britt, the incoming president of the North Carolina Academy of Trial Lawyers. Britt points to the case of...

North Carolina Association of Women Attorneys establishes workplace award.
June 13, 2005... Byline: North Carolina Lawyers Weekly Staff The North Carolina Association of Women Attorneys has begun a new program to recognize employers who encourage balanced lives in an increasingly diverse and competitive legal market, says a...

Tech Roundup: Registered e-mail, preventing theft and more.
June 13, 2005... Byline: Correy E. Stephenson Periodically, Lawyers Weekly pulls together a list of new and useful products, services and websites that may be of interest to attorneys. The latest installment includes registered e-mail, options for...

U.S. Bankruptcy Court Case Summaries: June 13, 2005.
June 13, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Estate Property - Insurance Proceeds - Tort/Negligence - Personal Injury Where tort claimants allege that an employee of the debtor rammed a truck into a restaurant, any...

N.C. Court of Appeals Case Summaries: June 13, 2005.
June 13, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Summary Judgment - Contradictory Affidavits - Tort/Negligence - Medical Negligence - Blood Test Even though the defendant-phlebotomist opposed the plaintiffs' summary...

N.C. Appeals Court rules CEO's sex remark not grounds for distress claim.(North Carolina)(chief executive officer)
June 20, 2005... Byline: North Carolina Lawyers Weekly Staff Where a CEO's behavior toward a female employee didn't involve sexual advances, sexual touching or aside from an oral sex reference obscene remarks, he was not liable for intentional infliction...

Mortgage payoff, recording bills stay alive in N.C. General Assembly.(North Carolina)
June 20, 2005... Byline: Ertel Berry Bills that would overhaul mortgage payoffs, regulate electronic real property recording, and clarify civil procedure rules are among the lawyer-related measures that have passed in the General Assembly or are still...

Raleigh attorneys obtain $4.4M settlement for victim injured in truck accident.
June 20, 2005... Byline: Ertel Berry A trucking company president's remarks during a deposition about who paid his salary opened the door to a piercing the veil claim that ultimately boosted a wreck plaintiff's recovery by more than $2 million, according...

Greenville attorney Michael Colombo to lead N.C. Bar Association.(North Carolina)
June 20, 2005... Byline: Michael Dayton Bar leaders typically don't go looking for controversy, but when the profession and the judiciary are unfairly attacked, those lawyers have a duty to speak up, according to Greenville attorney Michael Colombo,...

Verdicts & Settlements-June 20, 2005: Plaintiff left quadriplegic by falling branch recovers $10M.
June 20, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: In 2003, plaintiff was a 31-year-old with a wife and young child. He was a senior in college and worked full time to help support his family. On his way to work, plaintiff was...

U.S. Court of Appeals 4th Circuit Case Summaries: June 20, 2005.
June 20, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Medicaid Reimbursement - Md. Law - Abstention A district court erred in invoking the abstention doctrine in Colorado River Cons. Distr. v. U.S., 424 U.S. 800 (1976), to...

U.S. District Court Eastern District Case Summaries: June 20, 2005.
June 20, 2005... Byline: North Carolina Lawyers Weekly Staff Attorneys Administrative - Admission to Bar - Comity - Constitutional - Injunction - Stay Where the defendants rejected the plaintiff's application for comity admission to the N.C. bar...

NC Court of Appeals Unpublished Case Summaries: June 20, 2005.
June 20, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Untimely Filed - Dismissal - Post- Trial Motions Even though the plaintiff's appellate brief contends that it had timely filed a motion for reconsideration with...

North Carolina's new paralegal certification plan to take effect July 1.
June 27, 2005... Byline: Michael Dayton North Carolina's new certification plan for paralegals does not formally begin until Friday, but the applications are already coming in. "I probably have 10 right now, and we're expecting quite a few more, based...

North Carolina State Bar considers special prosecutor rule.
June 27, 2005... Byline: Michael Dayton In the wake of the Hoke/Graves case, a special committee has begun to draw up a plan to improve the State Bar's disciplinary rules and procedures. One proposal would set up a procedure for hiring special...

Verdicts & Settlements-June 27, 2005: Jury returns $1.59M award in wrongful termination claim.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: First Amendment retaliation Injuries alleged: Civil rights violations, wrongful termination and retaliation; lost wages; emotional distress Name of case: Ava Hinton v....

Verdicts & Settlements-June 27, 2005 Estate of Hoke County wreck victim settles.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful death Injuries alleged: The decedent was killed in an automobile accident in Hoke County. Name of case: The Estate of John Doe v. Jesus Astudillo Bello ...

Verdicts & Settlements-June 27, 2005: Allstate's appeals after plaintiff's $1 verdict add legal fees.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Type of Action: Personal injury/car wreck less than $10,000/District Court Injuries Alleged: Soft tissue injury (neck/back) Name of Case: Loar v. Chavez Court: Catawba County...

Verdicts & Settlements-June 27, 2005: Impairment from accident results in $591,500 recovery.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Negligence/motor vehicle accident Injuries alleged: Disk bulge Name of case: Smith v. Regional Power Company Court/county: Hertford County Superior Court Tried...

Commentary: Negotiating the key terms of a health care joint venture.
June 27, 2005... Byline: Karen A. Gledhill Joint ventures (JVs) are on the rise among health care providers. Physicians are joint venturing with each other and with hospitals on outpatient facilities, health services and equipment, real estate projects,...

Duke University added to Womble Carlyle Scholars Program.(Womble Carlyle Sandridge and Rice)(Brief Article)
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice has announced that Duke University has joined the Womble Carlyle Scholars Program. Duke University will help Womble Carlyle identify candidates for its annual...

U.S. Court of Appeals 4th Circuit Case Summaries: June 27, 2005.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Antitrust Sherman Act - Shipping Act Immunity - DOD Contracts - Overseas Transport Defendant moving companies that engaged in a bid-rigging scheme to raise prices the Department of...

U.S. District Court Eastern District Case Summaries: June 27, 2005.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Proof of Claim - Debtor's Schedule - Claim Amendment - Pension Plan Where the debtor listed the Pension Benefit Guaranty Corporation's (PBGC's) claim in the amount of...

U.S. District Court Middle District Case Summaries: June 27, 2005.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Venue - Texas Forum Selection Clause - N.C. Contract Where the parties' contract was entered into in North Carolina, G.S. 22B-3 is a factor weighing against implementation...

U.S. Bankruptcy Court Case Summaries: June 27, 2005.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Chapter 7 - Motion to Dismiss - Credit Card Debt - Good Faith Where the debtors incurred their credit card debt over a course of years, using the cards to pay household...

N.C. Court of Appeals Case Summaries: June 27, 2005.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Contempt - Willfulness - Insufficient Findings - Domestic Relations - Parent & Child - Support - Ability to Comply Where the trial court did not find that the...

N.C. Administrative Hearings Case Summaries: June 27, 2005.
June 27, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Medicaid - Mentally Retarded Care - Normal Intellect - Level of Care Even though the petitioner has normal intellectual functioning, since his physical conditionssevere...