North Carolina Lawyers Weekly articles from June 2006

North Carolina Lawyers Weekly archives from June 2006

Commentary: representing the employer without an insurer.
June 5, 2006... Byline: J. Randolph Ward The tasks of workers' compensation counsel is archtypically defined by whether they are retained by an injured claimant, or an insurance carrier to represent it and its insured employers. Self-insured groups and...

N.C. Lawyers in the News: June 5, 2006.
June 5, 2006... Byline: North Carolina Lawyers Weekly Staff John M. Sperati has joined Nexsen Pruet Adams Kleemeier as an associate in the firm's Greensboro office, where he will practice in the construction group. Previously he worked as a litigation...

U.S Middle District denies equitable tolling on Title VII claim.
June 5, 2006... Byline: Ertel Berry A federal judge has refused to extend a filing deadline for a Title VII claim -- even though the plaintiff said she missed the deadline because she relied on her first attorney's faulty legal advice. The ruling,...

Bills in N.C. would place constitutional limits on eminent domain.
June 5, 2006... Byline: Michael Dayton Attempts to curb the state's power of eminent domain could be a hot topic in the legislative short session. Property rights groups in North Carolina and across the nation are upset by a U.S. Supreme Court ruling...

Firing after Russian adoption trips Brings $333,305 FMLA award.(Family and Medical Leave Act of 1993)(Dotson v. Pfizer, Inc.)
June 5, 2006... Byline: Ertel Berry A federal jury has awarded $333,305 to a Pfizer employee who claimed he was fired for taking time off to finalize the adoption of a baby girl from a Russian orphanage. The May 25 award was comprised of back pay...

The evolution of a legal malpractice dispute.(Robertson v. Nexsen Pruet Jacobs & Pollard, LLP )
June 5, 2006... Byline: Michael Dayton It's every law firm's nightmare -- a $2,000 opinion letter that turns into a multi-million dollar malpractice verdict. Nexsen Pruet Adams Kleemeier, a Columbia, S.C. law firm with offices in Charlotte and...

N.C. Administrative Hearings Case Summaries: June 5, 2006.
June 5, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Licenses & Permits - Hospice - New County - CON Requirement Where the only definition of a hospice service area in the 2005 State Medical Facilities Plan was the county in...

U.S. Bankruptcy Court Case Summaries: June 5, 2006.
June 5, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Chapter 13 Plan - Confirmation Objection - Vehicle Loan - Interest Rate - BAPCPA Where 11 U.S.C. 1325(a)(5)(B)(ii) requires that the creditor's claim be paid in full, either...

U.S. Court of Appeals 4th Circuit Case Summaries: June 5, 2006.
June 5, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Collateral Estoppel - Same Issues - Bankruptcy - Debt Discharge A father who sued a mother for wrongful death after the couple's adopted daughter drowned in a bathtub while...

U.S. District Court Middle District Case Summaries: June 5, 2006.
June 5, 2006... Byline: North Carolina Lawyers Weekly Staff Arbitration Award Confirmation - Two Awards - Set Off - Judgment Vacatur Where a post-appeal arbitration award set off the parties' claims against each other, it replaced the pre-appeal...

U.S. District Court Western District Case Summaries: June 5, 2006.
June 5, 2006... Byline: North Carolina Lawyers Weekly Staff Arbitration Agency - Non- Signatory - Company Officer - Labor & Employment Even though the defendant signed the employment agreement as an officer of the employer, since the defendant...

BlogWatch: David Swanner.
June 12, 2006... Byline: North Carolina Lawyers Weekly Staff Editor's note: Myrtle Beach personal injury attorney David Swanner is the author of "South Carolina Trial Law Blog." Located at http://www.sctriallaw.com, the weblog "focuses on using technology...

North Carolina Lawyers in the news.
June 12, 2006... Byline: North Carolina Lawyers Weekly Staff Winston-Salem attorney Mark Atkinson was a featured speaker at a downtown immigration rally. Speaking in English and Spanish, he addressed a crowd of about 4,000 people who gathered to support...

North Carolina lawyer Martin L. Brackett Jr. wins 2006 Pro Bono Attorney of the Year.
June 12, 2006... Byline: North Carolina Lawyers Weekly Staff Charlotte lawyer Martin L. Brackett Jr. is the winner of the 2006 Legal Aid of North Carolina Pro Bono Attorney of the Year. The award was presented at the annual meeting of the Mecklenburg County...

North Carolina lawyer Howard F. Twiggs wins 2006 Frank Carrington Champion of Civil Justice Award.
June 12, 2006... Byline: North Carolina Lawyers Weekly Staff Raleigh Lawyer Howard F. Twiggs was presented the 2006 Frank Carrington Champion of Civil Justice Award by the National Crime Victim Bar Association at its annual conference in Washington, D.C....

North Carolina Appeals Court rules Florida neurosurgeon was improperly disciplined for his testimony.
June 12, 2006... Byline: Ertel Berry A Florida neurosurgeon was improperly disciplined for his testimony in a medical malpractice suit against a Fayetteville doctor, the Appeals Court held June 6. In a case that had been closely watched by physicians'...

North Carolina Appeals Court rules borrowers may not pursue class action suit on predatory claims.
June 12, 2006... Byline: Ertel Berry Borrowers may not pursue a class action in Vance County on predatory lending claims, a divided Appeals Court ruled June 6. The decision upholds an arbitration clause that cut off the plaintiffs' right to join claims...

N.C. Court of Appeals rules High Point City doesn't have to pay damages for abandoned sewer pipe.
June 12, 2006... Byline: Michael Dayton The city of High Point does not have to pay damages for 1,500 feet of sewer pipe that it left in the ground after abandoning an old easement, the Court of Appeals has ruled. The city paid $988 for the easement in...

North Carolina Court of Appeals denies divorced couple joint legal custody.
June 12, 2006... Byline: Ertel Berry An Orange County trial judge could not grant a divorced couple joint legal custody -- and at the same time give the mother "primary decision-making authority" over their children, the Court of Appeals ruled June 6. ...

North Carolina Lawyer Stuart McGuire Sessoms Jr. dies at age 58.
June 12, 2006... Byline: North Carolina Lawyers Weekly Staff Durham lawyer Stuart McGuire Sessoms Jr. died June 1 at age 58. Born in Baltimore, Md., he received a BA degree from the University of North Carolina at Chapel Hill in 1968, where he was a...

North Carolina Court of Appeals case summaries: June 12, 2006.
June 12, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Medical License - Civil Practice - Expert Witness - Deposition Testimony - Falsification of Medical Records Where the respondent-doctor relied on objective evidence to come...

New president of NC Bar Association puts focus on the future.(attorney D. Clark Smith Jr.)(Interview)
June 19, 2006... Byline: Michael Dayton Lexington lawyer D. Clark Smith Jr., the new president of the North Carolina Bar Association, has his eye on the future -- specifically, the year 2010. During his one-year term at the helm, Smith will have one...

N.C. Lawyers in the News: June 19, 2006.
June 19, 2006... Byline: North Carolina Lawyers Weekly Staff Frank R. Liggett III, founding member and managing partner at Ragsdale Liggett in Raleigh, has been re-elected to the board of directors of the Federation of Regulatory Counsel, a nationwide...

N.C. Appeals Court tosses fees awarded for continuing litigation.
June 19, 2006... Byline: Ertel Berry A recent Appeals Court decision shows that trial judges should narrowly construe a statute that authorizes legal fees against losing parties who keep litigating despite a "complete absence" of justiciable issues. ...

NC Association of Defense Attorneys leader addresses shifts in defense practice.
June 19, 2006... Byline: Michael Dayton The incoming president of the North Carolina Association of Defense Attorneys says her year in office will be a balancing act. The challenge, says Raleigh attorney Leslie O'Toole, is to remain true to the...

Fayetteville attorney Rebecca Britton elected new NCATL president.(North Carolina Academy of Trial Lawyers)(Interview)
June 19, 2006... Byline: North Carolina Lawyers Weekly Staff Fayetteville attorney Rebecca Britton says strength in service -- to the public and to the legal profession -- will be the theme of her tenure as president of the North Carolina Academy of Trial...

Employer rep's presence during medical exams didn't waive confidentiality, rules NC Appeals Court.
June 19, 2006... Byline: North Carolina Lawyers Weekly Staff An injured worker's failure to object to the presence of an employer representative during appointments and exams with his treating doctor didn't waive physician-patient confidentiality, the...

North Carolina Bar Association elects new officers, board members.
June 19, 2006... Byline: North Carolina Lawyers Weekly Staff The North Carolina Bar Association elected new vice presidents and members of the board of governors during its annual meeting last week. These individuals will also serve on the board of...

NC Court of Appeals Unpublished Case Summaries: June 19, 2006.
June 19, 2006... Byline: North Carolina Lawyers Weekly Staff Arbitration Civil Practice - Appeals - Arbitration Award - Order to Arbitrate Where, following the entry of an arbitration award, the plaintiff gave notice of appeal from the district...

N.C. Lawyers in the News: June 23, 2006.
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff James M. Iseman has joined the Winston-Salem firm of Bell, Davis & Pitt, where he concentrates in corporate and commercial law, taxation, probate, wills and trusts and estates. Formerly the...

N.C. COA rules local employee on Virginia job gets comp for motel assault.(North Carolina)(Court of Appeals)(Ramsey v. Southern Industrial Constructors Incorporated)(assault case)(Case overview)
June 26, 2006... Byline: Ertel Berry An electrician who was sent from North Carolina to shut down a Virginia plant -- then stayed an extra week to do maintenance work for his employer -- suffered a compensable injury when he was robbed and assaulted at a...

U.S. Court, Western District rules arbitrator's job records can't be obtained to show bias.
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff A brokerage firm seeking to vacate a $2.47 million arbitration award can't go after an arbitrator's employment records to show he was biased, a federal judge has ruled. The firm had only...

N.C. COA rules taking the Fifth wreck defendant's amendment plea bars sudden emergency defense.(North Carolina Court of Appeals)
June 26, 2006... Byline: Ertel Berry A June 20 Appeals Court opinion limits a Forsyth wreck defendant's ability to use the Fifth Amendment and doctor-patient privilege to block discovery of his alcohol and prescription drug use before an accident. The...

N.C. Court of Appeals awards $2M verdict for taking airport parking lot.(North Carolina)(City of Charlotte v. Hurlahe)(eminent domain case)(Case overview)
June 26, 2006... Byline: Michael Dayton The state Court of Appeals has upheld a $2 million condemnation verdict for the owners of a 3.6-acre tract near Charlotte-Douglas International Airport. The landowners' experts valued the land using an income...

Charlotte School of Law announces new temporary location.(Brief article)
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff The Charlotte School of Law (CharlotteLaw) has announced that it will temporarily locate at the Morehead Building at 1211 E. Morehead St. in mid-town Charlotte. It is expected to serve the school...

Womble Carlyle Sandridge & Rice, PLLC announces Katrina victims project.
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC has announced that it will undertake a Southeast Louisiana Legal Services (SLLS) project that will offer free legal assistance to New Orleans residents who...

Professor Boger named as new Univ. of N.C. Chapel Hill School of Law.(John Charles Boger joins University of North Carolina)
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff John Charles "Jack" Boger, an alumnus and longtime professor at the University of North Carolina at Chapel Hill School of Law, has been tapped to become the school's next dean. Chancellor...

Former Charlotte attorney James Brown Craighill dies at 91.(Obituary)(Brief article)
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff James B. Craighill James Brown Craighill, lawyer of Charlotte, died June 18 at age 91. Born in Wytheville, Va., he grew up in Rocky Mount. He attended the University of North Carolina as...

N.C. Court of Appeals Case Summaries: June 26, 2006.
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Highway Patrol - Wrecker Rotation Services List - Federal Preemption - Safety Exception - Rule- Making Authority Even though 49 U.S.C. 14501 generally prohibits states from...

U.S. Bankruptcy Court Case Summaries: June 26, 2006.
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy BAPCPA - Auto Redemption - Valuation - Replacement Value - 90% of NADA Where the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires in individual cases...

U.S. Court of Appeals 4th Circuit Case Summaries: June 26, 2006.
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Removal Order - 'Date of Admission' - Status Adjustment The 4th Circuit grants the petition for review of a Nigerian citizen who is challenging a removal...

U.S. District Court Middle District Case Summaries: June 26, 2006.(Snow v. Oneill)(negligence, wrongful death and traffic accident case )(Case overview)
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Wrongful Death - Traffic Accident - Contributory Negligence - Gross or Wanton Negligence - Parked Tractor- Trailer Even though the defendants' tractor-trailer was parked...

U.S. District Court Western District Case Summaries: June 26, 2006.
June 26, 2006... Byline: North Carolina Lawyers Weekly Staff Arbitration Arbitrator's Impartiality - Disclosure Report - Labor & Employment - Waiver - Civil Practice - Discovery Where the defendant could have questioned the arbitrator's...