North Carolina Lawyers Weekly articles from June 2007

North Carolina Lawyers Weekly archives from June 2007

Mecklenburg County Bar elects president, confers awards.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Bob Stephens, a partner in the litigation law firm Hamilton Moon Stephens Steele & Martin, was sworn in as president of the Mecklenburg County Bar at its annual meeting last month. He will serve...

Former Durham lawyer Lillard Hand Mount dies at age 93.(Obituary)(Brief article)
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Former Durham lawyer Lillard Hand Mount died May 25 at age 93. Born in Oklahoma and reared in Kansas, he was a Durham lawyer for almost 60 years and at one time headed the largest firm in the...

North Carolina Administrative Hearings: June 4, 2007.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Environmental Real Property - Administrative - Building Permit - Intracoastal Waterway - Small House Exception - Plat' Foster v. N.C. Department of Environment & Natural Resources,...

N.C. Business Court Case Summaries: June 4, 2007.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Attorneys Firm Break Up - Asset Distribution - Contingent Fees - Professional Limited Liability Company - First Impression Mitchell, Brewer, Richardson, Adams, Burge & Boughman v....

N.C. Industrial Commission Case Summaries: June 4, 2007.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Late Notice - Prior Claim - Credibility - Back Injury Varner v. Aut-O-Rite Plastics, Inc. (Lawyers Weekly No. 07-08-0674, 5 pp.) (Bernadine S. Ballance, Commissioner)...

U.S. Bankruptcy Court Case Summaries: June 4, 2007.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Pleadings - Amendment - North Dakota Law - Breach of Contract - Tort/Negligence - Fraud - Punitive Damages Basin Electric Power Cooperative v. Henry. (Lawyers Weekly No....

U.S. Court of Appeals 4th Circuit Case Summaries: June 4, 2007.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Bank Robbery - Gasoline Dousing - Lesser- Included Offense U.S. v. Midgett. (Lawyers Weekly No. 07-01-0660, 19 pp.) (King, J.) No. 05-5263, May 24, 2007; USDC at...

U.S. District Court Western District Case Summaries: June 4, 2007.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Motion to Unseal - Protective Order - Marketing Contracts Varnell, Struck & Associates, Inc. v. Lowe's Companies. (Lawyers Weekly No. 07-04-0642, 5 pp.) (Carl Horn III,...

Commentary: Rita v. United States.
June 4, 2007... Byline: Jefferson James Davis It's not often that the U.S. Supreme Court takes a case from a small public defender's office. Lightning has struck twice in only five years, though, for the eight-lawyer Federal Public Defender's Office for...

Can estate planners add value to prenuptial agreements?
June 4, 2007... Byline: Jeffery A. Baskies, Esq. Dolan Media Newswires BOSTON, Mass. — Should estate planners be more involved in drafting prenups? Because prenuptial agreements can fix rights not only on divorce but also at death, and because they...

North Carolina Central University's law school to hold summer camp.(Brief article)
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff North Carolina Central University's School of Law is looking for at least 15 teens and tweens for its annual Legal Eagle Law Camp June 18-22 in the Turner Law Building on Cecil Street in Durham....

North Carolina's Cranfill Sumner launches database-driven site.(Cranfill Sumner and Hartzog LLP)(Brief article)
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff The civil defense firm of Cranfill Sumner & Hartzog LLP is launching a new Web site at www.cshlaw.com that will automatically upload additions from the firm's database. According to marketing...

North Carolina Bar Association helping low-income entrepreneurs.(Brief article)
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff An official ribbon-cutting for NC LEAP takes place this morning at the Nussbaum Center in Greensboro, where small business owners will receive free legal audits from volunteer attorneys beginning...

Charlotte School of Law boosts faculty.
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff The Charlotte School of Law has hired seven new, full-time faculty members who will begin teaching in the Fall 2007 semester -- in time for an expected 75 percent increase in the size of the...

North Carolina-based Hutchison Law Group joins LawExchange International.(Brief article)
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Hutchison Law Group has become a member of LawExchange International, becoming only the fourth legal practice in the United States with membership in the global organization. LawExchange...

North Carolina Lawyers in the News: June 4, 2007.(Laura Burton appointed at North Carolina Bar Association)
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Smith Moore attorney Laura Burton has been named chair of the NCBA's International Law and Practice Section, where she will serve for one year. Burton, a board-certified specialist in immigration...

Thomas P. Holderness, Jennifer F. Revelle honored by Mecklenburg County Bar.(Brief article)
June 4, 2007... Byline: North Carolina Lawyers Weekly Staff Robinson, Bradshaw & Hinson lawyers Thomas P. Holderness and Jennifer F. Revelle were recognized for their pro bono efforts at the Mecklenburg County Bar's 95th annual meeting and barbecue. ...

The Nifong effect.(State v. Shannon)
June 4, 2007... Byline: Guy Loranger In the early days of the Duke lacrosse case, Mike Nifong gave an estimated 40 hours worth of media interviews. "A million dollars of free advertisements," the Durham district attorney reportedly told his campaign...

Attorneys reflect on changes, case as criminal procedure bills take form.
June 4, 2007... Byline: Guy Loranger The Duke lacrosse case ended when state Attorney General Roy Cooper declared the three defendants innocent of rape, sexual assault and kidnapping charges on April 11. Still, the case's impact lingers in the North...

Contingency fees fair game when law LLC dissolves, N.C. Business Court rules.(Mitchell v. Brewer)
June 4, 2007... Byline: Fred Horlbeck Attorneys in a dissolving Fayetteville law firm could sue for a share of the fees from unresolved contingent-fee cases even if they didn't work on them, the N.C. Business Court ruled May 8. In a first-impression...

Law firm can be sued for violating Fair Debt Act, 4th Circuit rules.(Sayyed v. Wolpoff and Abramson)
June 4, 2007... Byline: Lawyers USA Staff Dolan Media Newswires BOSTON, Mass. — A law firm could be sued for violating the Fair Debt Collections Practices Act based on alleged omissions and misrepresentations in pleadings filed in state court to...

Excluded heirs put spotlight on updating wills and trusts.
June 4, 2007... Byline: Correy E. Stephenson Dolan Media Newswires ROCHESTER, N.Y. — What do Anna Nicole Smith and the Jell-O fortune have in common? An unusual legal entity: excluded heirs. In her most recent will, Anna Nicole Smith left her...

Commentary: Real estate attorneys and the Mortgage Lending Act.
June 11, 2007... Byline: David C. Worth As we approach the fifth anniversary of the Mortgage Lending Act (MLA) (see N.C.G.S. Sect. 53-243.01 et seq.), our office wanted to share with you some reflections on the implementation of the law and common...

Commentary: High voltage, high stakes, Part II: Shop around in electrical injury cases.
June 11, 2007... Byline: Mark McGrath In the first installment of this series, we explored code provisions, case law, standards and other substantive legal principles that come into play in electrical injury cases. In Part 2, we will examine aspects of...

N.C. Lawyers in the News: June 11, 2007.(North Carolina)(Brief article)
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Three new attorneys have joined Kennedy Covington: Gina Collias in Charlotte, and Mayelin Prieto-Gonzalez and Jack Wiggen in the RTP office. Collias, who is an associate in the real estate...

Four at Kilpatrick Stockton's Winston-Salem office recognized for mentoring, volunteering.(Brief article)
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Four members of Kilpatrick Stockton's Winston-Salem office were honored at the 10th Annual Black Achievers in Business and Industry Awards Gala. Attorneys Jocelyn Burton, Randy Eaddy and...

Law Offices of Michael A. DeMayo awards $25,000 in college scholarships.(Brief article)
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Ten high school seniors who wrote winning essays on how to prevent underage drinking and driving have been awarded $2,500 each toward their college education through the fifth annual Michael A....

U.S. real estate industry is going green - voluntarily.
June 11, 2007... Byline: Jeff Bennett Dolan Media Newswires PORTLAND, OR. — Green is here to stay, even though many real estate professionals view "sustainability" and "green" with caution and skepticism. "What does 'sustainability' mean?" they ask....

Lease, buy ... or partner? Work space ownership beckons.
June 11, 2007... Byline: Dan Haugen Dolan Media Newswires MINNEAPOLIS, MN — When the time came around for Steven J. Shumaker's law firm to re-examine its lease for Woodbury office space, he and the other partners decided there had to be a better way....

Commentary: Property sale under Chapter 15 takes dedication, patience.
June 11, 2007... Byline: Kirsten Ellefson Foyles Last year, I became involved with a local real estate listing which I believe was the first Chapter 15 case in North Carolina. I had competent bankruptcy counsel to lead the way, but I learned quite a bit...

N.C. appeals court shows split in Hart progeny.(North Carolina, State v. Hart)
June 11, 2007... Byline: N.C. Lawyers Weekly Staff Report The Court of Appeals volleyed differing views on how strictly it should construe the state's rules of appellate procedure in a pair of 2-1 opinions issued June 5 that featured strongly worded...

N.C. Court of Appeals rules agency status can destroy confidentiality for employees.(North Carolina)
June 11, 2007... Byline: Fred Horlbeck A credit union could not shield the minutes of its board meeting from discovery under the attorney-client privilege because it failed to show that two non-board members at the meeting were its agents, not third...

Lawyers in the Carolinas advised on how to update disaster preparedness plans for their offices.
June 11, 2007... Byline: Guy Loranger With the start of the Atlantic hurricane season, now is the time for lawyers in the Carolinas to develop or update disaster preparedness plans for their offices. The plan can cover a wide range of areas, from...

Admissions request about lawyer-client ties upheld by N.C. Court of Appeals.(North Carolina)
June 11, 2007... Byline: N.C. Lawyers Weekly Staff Report Two defense attorneys who asked a plaintiff to admit she had a "personal or romantic relationship" with her attorney made a relevant -- not frivolous -- discovery request and did not violate the...

Commentary: How North Carolina lawyers are disciplined.
June 11, 2007... Byline: L. Thomas Lunsford, II The North Carolina State Bar has been in the news recently regarding several high profile cases involving alleged lawyer misconduct. It is obvious from accounts in the press and from communications we have...

North Carolina Legal Obituaries: June 11, 2007.(Obituary)
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Hugh R. Anderson Hugh Roger Anderson, 82, of Asheboro, died on May 29. Born in Hayesville, he attended Clay County public schools and received his undergraduate education at Furman...

N.C. Court of Appeals Case Summaries: June 11, 2007.(North Carolina Court of Appeals)
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - Subdivision Covenants - Subcontractors - Civil Practice - Appeals - Sanctions Pineville Forest Homeowners Association v. Portrait Homes Construction Co. (Lawyers...

U.S. Bankruptcy Court Case Summaries: June 11, 2007.
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Contract Trusts & Estates - Money Transmitters Act - First Impression - Separate Account - Unfair Trade Practices - Bankruptcy - Nondischargeability MEMO Money Order Co. v. Davis....

U.S. Court of Appeals 4th Circuit Case Summaries: June 11, 2007.
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Political Asylum Chinese Population Policy Lin-Jian v. Gonzalez. (Lawyers Weekly No. 07-01-0723, 17 pp.) (Traxler, J.) No. 05-1693, May 30, 2007; On Petition...

U.S. District Court Middle District Case Summaries: June 11, 2007.
June 11, 2007... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Race Discrimination Claim - Hospital Employee - Rudeness Brown v. Novant Health, Inc. (Lawyers Weekly No. 07-06-0677, 12 pp.) (Julian L. Osteen, J. -...

Commentary: Show them the money: Making earn-outs work for sellers.(merger and acquisition transactions, law firms)
June 18, 2007... Byline: David Baer and Gary C. Bubb As lawyers, we know that earn-outs are often an element of the purchase price in the sale of a business. This means both good and bad news for our client sellers. A seller risks the possibility that...

Womble Carlyle wins Louisiana State Bar Association's pro bono award.(Womble Carlyle Sandridge and Rice)
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC, won the 2007 Pro Bono Publico Award given by the Louisiana State Bar Association for assisting Hurricane Katrina victims in their time of need. The firm...

Stallings named director of North Carolina Paralegal Association, Inc.(Elizabeth A. Stallings)(Brief article)
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Elizabeth A. Stallings, a State Bar-certified paralegal at McGuire, Wood & Bissette in Asheville, has been appointed District VII director of the North Carolina Paralegal Association, Inc. A...

N.C. Lawyers in the News: June 18, 2007.(North Carolina)(Brief article)
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Michael W. Clark has joined the Winston-Salem firm of Comerford & Britt, and John Kenneth Moser has gone on board there as an associate. Bryan L. Skelton has joined Hutchison Law Group in...

New studies show women, minorities struggling to advance in law firms.
June 18, 2007... Byline: Kimberly Atkins Dolan Media Newswires Rising to the top at the nation's most powerful law firms is a tough job, especially for minorities and women, according to two new studies focusing on diversity at the nation's top 200 law...

Expert opinion: Litigation funding seen leveling parties' playing field.(Interview)
June 18, 2007... Byline: From Staff Reports Dolan Media Newswires PROVIDENCE, R.I. — In Expert Opinion, Lawyers Weekly interviews specialists in the management of law firms. This week, we speak with Boston attorney Peter L. Alexander, New England...

Doctor's testimony admissible for incapacitation in wreck case, says N.C. Court of Appeals.
June 18, 2007... Byline: Fred Horlbeck A doctor's testimony that a pickup truck driver couldn't move his arms or legs just before running into a vehicle in Wilkesboro was admissible, even though the doctor couldn't pinpoint the medical cause of the malady,...

Covenant too vague to remove boat dock, rules N.C. Court of Appeals.
June 18, 2007... Byline: N.C. Lawyers Weekly Staff Report Even though a subdivision restriction barred a lake resident's construction of a boat dock on her own lot, she could avoid the restriction -- and defeat an injunction enforcing it -- by building on...

N.C. lawyers expect fewer Title VII claims.(North Carolina, Lilly Ledbetter v. Goodyear Tire & Rubber Co., Civil Rights Act of 1964)
June 18, 2007... Byline: Guy Loranger With its recent ruling in Ledbetter v. Goodyear Tire & Rubber Co., the U.S. Supreme Court tightened the time period for bringing pay discrimination claims under Title VII. The 5-4 decision could lead to a major...

Disciplinary hearing sheds light on when a lawyer needs a lawyer.(Disciplinary Hearing Commission proceedings against Durham district attorney Michael B. Nifong)
June 18, 2007... Byline: Guy Loranger Last week's Disciplinary Hearing Commission proceedings against Durham district attorney Michael B. Nifong gave many in the public and among the bar the chance to witness for the first time how the state regulates the...

Nuclear plant security guard wins workers' comp claim in N.C. Court of Appeals.(Michael L. Clemmons)
June 18, 2007... Byline: Guy Loranger A nuclear power plant security guard who suffered neck and spinal cord damage after he worked longer hours and carried heavier equipment following the 9/11 terrorist attacks can recover workers' compensation benefits...

Attorney Robert Bain Broughton of Raleigh dies at age 82.(Obituary)
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Robert Bain Broughton of Raleigh died June 5, 2007, at age 82. Born in Raleigh, he was the son of the late Gov. and U.S. Sen. Joseph Melville Broughton and Alice Harper Wilson Broughton. ...

Commentary: How to keep the lights on when Mother Nature strikes.(coping with electric power shortages, law offices, usage of uninterruptible power supplies)
June 18, 2007... Byline: Geogre Ali and Eric Johnston This past winter, the entire country was battered with snowstorms and ice storms, forcing closures to everything from schools and businesses to supermarkets and clinics. Law offices and other businesses...

How to choose a private banker.
June 18, 2007... Byline: Bernadette Starzee Dolan Media Newswires Managing a small fortune can be an enormous job. A private bank can assist you with your banking and investing needs, giving you expert advice along with excellent one-on-one service. ...

N.C. Court of Appeals Case Summaries: June 18, 2007.
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Fall On Stairs - Speculation - No Reason For Fall Given - Proximate Cause - Summary Judgment Proper Compton v. Maya Lake. (Lawyers Weekly No. 07-16-0725, 6pp.)...

U.S. Court of Appeals 4th Circuit Case Summaries: June 18, 2007.
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Rights Habeas Corpus - Accused Terrorist - Military Detention Al-Marri v. Berman. (Lawyers Weekly No. 07-01- 0734, 86 pp.) (Motz, J.) No. 06-7427, June 11, 2007; USDC at Charleston,...

Verdicts & Settlements June 18, 2007: Jury exonerates Ford in child paralysis seat belt case.
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Case name: C.S.S., a Minor, and C.B.S., a Minor, by their Guardian ad Litem, Nicole Jacobsen v. Ford Motor Co. Number: 04 CVS 7636 Court: Superior Court of Mecklenburg County ...

Verdicts & Settlements June 18, 2007: Worker injured in auto accident wins $1.2 million.
June 18, 2007... Byline: North Carolina Lawyers Weekly Staff Case name: Confidential Number: 05 CVS 180 Court: Carteret County Verdict/settlement: Arbitration panel Arbitrators: Marshall Gallop, Joe Edwards and Chuck Simpson Amount:...

N.C. Court of Appeals panel again splits 2-1 in followup to Hart decision.(North Carolina Court of Appeals)
June 25, 2007... Byline: Guy Loranger The Court of Appeals chose sanctions over dismissal for appellate rule violations in a June 19 ruling by the same panel that delivered a 2-1 split on the same issue two weeks earlier. In Peverall v. County of...

N.C. Board of Law Examiners sues BAR/BRI over bar exam use.(North Carolina Board of Law Examiners sues Bar/BRI Inc.)
June 25, 2007... Byline: Guy Loranger In an unprecedented move, the N.C. Board of Law Examiners has sued the owners of the BAR/BRI bar exam review business, alleging that they violated federal copyright law by using the state's bar exam questions in its...

Obstruction recognized as common law claim by N.C. Court of Appeals.(North Carolina)
June 25, 2007... Byline: Guy Loranger A hospital's failure to produce X-rays repeatedly requested by a plaintiff's attorney for a potential medical malpractice action gave the plaintiff a common law claim for obstruction of justice, the Court of Appeals...

Meet the new president of N.C. Association of Defense Attorneys.(North Carolina)(Interview)
June 25, 2007... Byline: Guy Loranger The N.C. Association of Defense Attorneys boasts an array of voices these days, with its members hailing from a variety of practice areas instead of solely insurance defense. Still, when it comes to tackling...

N.C. Court of Appeals' DWI decision takes expert testimony to new horizons.(North Carolina, Driving While Intoxicated)
June 25, 2007... Byline: Fred Horlbeck A trial court properly admitted expert testimony on the blood alcohol content of a sample that had sat in a Salisbury police car for 12 days in the summer of 2004, the Court of Appeals ruled in affirming a...

Case before N.C. Court of Appeals reveals conflict over officials' terms.(North Carolina)
June 25, 2007... Byline: Fred Horlbeck Even though two N.C. Industrial Commission members filed a workers' comp case after their terms expired, a claim that the decision is void failed on appeal -- despite a dissent citing "binding precedent" -- because...

Grady Joseph Wheeler Jr. of Burlington dies at age 56.(Brief article)
June 25, 2007... Byline: North Carolina Lawyers Weekly Staff Grady Joseph Wheeler Jr. of Burlington died June 20 at age 56. An Alamance County native, he attained his undergraduate degree at the University of North Carolina and his law degree at the...

N.C. Court of Appeals Case Summaries: June 25, 2007.
June 25, 2007... Byline: North Carolina Lawyers Weekly Staff Arbitration Motion to Compel - Denial - Litigation - Discovery Capps v. Virrey. (Lawyers Weekly No. 07-07-0746, 10 pp.) (Linda Stephens, J.) Appealed from Guilford County Superior Court....

U.S. Bankruptcy Court Case Summaries: June 25, 2007.
June 25, 2007... Byline: North Carolina Lawyers Weekly Staff Bankruptcy 'Swap Agreement' - Avoidance - BAPCPA - Commodities - Natural Gas Supplier Hutson v. Smithfield Packing Co. (In re National Gas Distributors, LLC) (Lawyers Weekly No....

U.S. Court of Appeals 4th Circuit Case Summaries: June 25, 2007.
June 25, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Removal Order - Senegalese Native - Persecution Fear Niang v. Gonzales. (Lawyers Weekly No. 07-01-0771, 23 pp.) (Ellis, J.) No. 06-1470, June 12, 2007. 4th...

N.C.-based Crumley & Associates awards scholarships.(North Carolina)(Brief article)
June 25, 2007... Byline: North Carolina Lawyers Weekly Staff Crumley & Associates has awarded a $1,000 non-renewable scholarship and laptop computers to the 10 winners of the second annual statewide Crib to College Scholarship and Next Step Scholarship...

North Carolina law firm of Kennedy Covington is leading contributor to justice fund.(Brief article)
June 25, 2007... Byline: North Carolina Lawyers Weekly Staff More than $54,000 was contributed by 154 Kennedy Covington attorneys to Legal Services of Southern Piedmont's annual Access for Justice Campaign. The funds will be used to support Legal Aid of...

N.C. Lawyers in the News: June 25, 2007.
June 25, 2007... Byline: North Carolina Lawyers Weekly Staff Margaret R. Westbrook has been named head of Kennedy Covington's campaign finance, political committees and ethics practice. In the firm's Raleigh office since 1998, she has represented national...