North Carolina Lawyers Weekly articles from March 2008

North Carolina Lawyers Weekly archives from March 2008

Commentary: FMLA expanded to permit leave for family of military personnel.(Family and Medical Leave Act amended by the National Defense Authorizaton Act for Fiscal Year 2008)
March 3, 2008... Byline: David E. Dubberly On Jan. 28, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008, which contains a provision amending the Family and Medical Leave Act for the first time since the FMLA was...

North Carolina Lawyers in the News: March 3, 2008.(Jill Starling named a partner of Wishart Norris Henninger & Pittman, Allen and Pinnix law firm joined by A.P. Carlton Jr., Melvin F. Wright Jr. elected chair of the Professionalism Consortium of the American Bar Association)
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff Wishart Norris Henninger & Pittman has named attorney Jill Starling Britt a partner in its Burlington office. Britt concentrates on legal matters related to real estate. She was the 2000 recipient...

Campbell University law school chooses architects for Raleigh location.(Shepley Bulfinch Richardson & Abbot and Small Kane)(Brief article)
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff Campbell University has hired two architectural firms, Shepley Bulfinch Richardson & Abbott of Boston and Small Kane of Raleigh, to design and oversee the renovation of its law school's future...

Lawyers should push lawmakers on reform of judicial selection.(Letter to the editor)
March 3, 2008... Byline: Dewey Wells, Blowing Rock You published in November an article by Chris Heagarty which on the one hand took satisfaction in our state's having made all state judicial elections non-partisan. On the other hand, he observed that...

'Founding Mothers' of NC Assn. of Women Attorneys reflect on the group's strides, future challenges.(North Carolina Association of Women Attorneys)
March 3, 2008... Byline: Guy Loranger Editor's note: Historical background information about the N.C. Association of Women Attorneys from "A History of the N.C. Association of Women Attorneys," Anna Stein, N.C. State Bar Journal (Spring 2004) and...

UM policy covers driver hit by rock that fell off truck, federal district court rules.(uninsured motorist claim against Geico Insurance Company)
March 3, 2008... Byline: Guy Loranger The estate of a Wake County woman can proceed with an uninsured motorist claim for a fatal wreck allegedly caused by a rock that fell off a dump truck and crashed into her windshield, a federal court ruled Feb. 20. ...

Fact-finding on summary judgment draws lecture from North Carolina Court of Appeals.
March 3, 2008... Byline: Fred Horlbeck The state Court of Appeals reversed, remanded, and scolded a trial judge who awarded $131,000 for overdue support payments. The panel said the lower court went too far by making findings of fact and conclusions of law...

U.S. Supreme Court opens door to 401(k) lawsuits.
March 3, 2008... Byline: Gregory Froom Despite statutory language barring suits for individual damages, an employee of a South Carolina-based management consulting firm could recover losses under ERISA after the firm failed to make requested changes to his...

Flag's longtime keeper out $15,000 as NC Court of Appeals affirms state ownership.(North Carolina)
March 3, 2008... Byline: Fred Horlbeck An historic flag that was twice lost -- first during the Civil War, then about 100 years later when it disappeared from an N.C. museum -- is now in the possession of the state Department of Cultural Resources, and its...

N.C. Court of Appeals says Charlotte homeowners assn. could impose fines without express provision.(North Carolina, association)
March 3, 2008... Byline: Guy Loranger Charlotte homeowners association could fine a property owner for her messy yard even though nothing granting this authority appeared in its articles, declarations or bylaws, the Court of Appeals has ruled. The...

North Carolina Association of Women Attorneys timeline.
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff 1978 * In March, roughly 100 women from across the state convened at the UNC law school in Chapel Hill to discuss forming a statewide organization of women lawyers. A steering committee...

NC Court of Appeals Unpublished Case Summaries: March 3, 2008.(North Carolina Court of Appeals, fraud in inducement, confederate battleflag ownership, expert testimony)
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff Arbitration Contract - Fraud in the Inducement - Termite Protection Roberson v. Terminix Co. of East Carolina. (Lawyers Weekly No. 08-16-0233, 5 pp.) (Rick Elmore, J.) Appealed from...

U.S. Court of Appeals 4th Circuit Case Summaries: March 3, 2008.(application for asylum, drug trafficking sentence, habeas corpus)
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Birth Control Policy - Asylum Standard - Chinese Woman Lin v. Mukasey. (Lawyers Weekly No. 08-01-0249, 23 pp.) (Williams, J.) No. 06-1456, Feb. 20, 2008; On...

U.S. District Court Eastern District Case Summaries: March 3, 2008.(recovery for negligence under the Jones Act; disqualification of counsel; question of of personal jurisdiction over the defendant)
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff Admiralty 'Seaman' - Dredging Company - Shore Job - Pipeline to Boats Cockerham v. Great Lakes Dredge & Dock Co. (Lawyers Weekly No. 08-02-0241, 14 pp.) (James C. Fox, Sr.J. - Order)...

Verdicts & Settlements March 3, 2008: Motel settles with insurer over hurricane-damage claims.(Brief article)
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff Type of action: Unfair and deceptive trade practices Injuries alleged: Property and financial losses Case name: Confidential Case number: Confidential Court: Dare County Superior...

Verdicts & Settlements March 3, 2008: Failure to diagnose cancer leads to $875K settlement.(Brief article)
March 3, 2008... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Failure to diagnose cancer resulting in lost chance of survival Case name: Confidential Case number: Confidential Verdict...

North Carolina Lawyers in the News: March 10, 2008.
March 10, 2008... Byline: N.C. Lawyers Weekly Staff Report Wyatt Early Harris Wheeler, a full-service law firm located in High Point, has announced that two new associates have joined the firm. Allison M. Meade will practice in litigation, and Lee C. Hawley...

Word about N.C. Bar Association's 4ALL service day hits the streets.(North Carolina)
March 10, 2008... Byline: Guy Loranger Since becoming the N.C. Bar Association's president in June, Janet Ward Black has tirelessly promoted her 4ALL initiative and its centerpiece event -- a statewide public service day on April 4 -- to members of the...

All-female law firms in Carolinas give rise to fresh, family-friendly workplace culture.(Leone Bender & Seate)
March 10, 2008... Byline: Diana Smith If it's not broken, break it. That became the philosophy of attorney Elizabeth Leone when she founded the all-female firm of Leone Bender & Seate in 2006. Starting a firm solely comprised of women was not the...

Boot Camp: Consumer bankruptcy attorney drills lawyers on how to combat foreclosure.(O. Max Gardner )
March 10, 2008... Byline: Diana Smith Consumer bankruptcy attorney O. Max Gardner is marshaling an army. With the rate of home foreclosures escalating nationwide, the Shelby lawyer is recruiting attorneys to join the fight for clients who are in danger...

Raleigh attorney helps bring film to silver screen.(Jim O'Brien,)
March 10, 2008... Byline: N.C. Lawyers Weekly Staff Report Jim O'Brien, an entertainment attorney at Poyner & Spruill, helped unveil a new feature film that he worked on when it premiered in nine theatres across the Triangle on March 7. "Bar Starz" is a...

Lam receives University of North Carolina Pro Bono Award.(Christopher C. Lam)(Brief article)
March 10, 2008... Byline: N.C. Lawyers Weekly Staff Report The UNC School of Law bestowed its inaugural Alumni Pro Bono Attorney of the Year award to Christopher C. Lam, an associate in Kennedy Covington's litigation practice. Lam was recognized at the 10th...

Stats show pay, power gap for women attorneys.(statistics)(Survey)(Brief article)
March 10, 2008... Byline: N.C. Lawyers Weekly Staff Report Although women's participation in the legal profession has significantly increased in recent years, female attorneys still lag behind their male counterparts in pay and promotion, according to recent...

No workers' comp for man who denied having prior injury, rules N.C. Court of Appeals.(workers compensation)(North Carolina)
March 10, 2008... Byline: Guy Loranger A claimant who lied on his job application by saying he had no prior back injuries could not recover workers' compensation benefits for a back injury he later suffered on the job, the Court of Appeals has ruled. ...

Lack of consent negates negligent entrustment suit, rules N.C. Court of Appeals.(North Carolina)
March 10, 2008... Byline: Guy Loranger A child could not prove negligent entrustment against the owners of a car that hit her because the owners had not given the driver permission to use it, the Court of Appeals has ruled. The unanimous March 4...

N.C. Bar Association drops move to give paralegals vote on board.(North Carolina)
March 10, 2008... Byline: Diana Smith A committee of the N.C. Bar Association has voted down a proposal by NCBA president Janet Ward Black to give paralegals a vote on the board of governors. In a Feb. 29 meeting in Greensboro, the strategic planning...

Francis I. Parker of Charlotte, 84, dies March 6.(Obituary)(Brief article)
March 10, 2008... Byline: N.C. Lawyers Weekly Staff Report Francis I. Parker of Charlotte, 84, died March 6. A founder of the firm now bearing his name, Parker Poe Adams & Bernstein, until recently he served as retired of counsel in the firm's Charlotte...

N.C. Court of Appeals Case Summaries: March 10, 2008.(North Carolina)
March 10, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Civil Practice - Appeals - Banks & Banking - Notice of Appeal In re Advance America, Cash Advance Centers of North Carolina, Inc. (Lawyers Weekly No. 08-07-0272, 13 pp.)...

U.S. Court of Appeals 4th Circuit Case Summaries: March 10, 2008.
March 10, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Tobacco Reform Act - Buyout Contracts - Standing Neese v. Johanns. (Lawyers Weekly No. 08-01-0282, 7 pp.) (Brinkema, J.) No. 06-2119, March 3, 2008; USDC at Abingdon, Va....

U.S. District Court Eastern District Case Summaries: March 10, 2008.
March 10, 2008... Byline: North Carolina Lawyers Weekly Staff Bankruptcy BAPCPA - Abuse Allegation - Means Test - Expense Calculation - Monthly Income Lynch v. Parrish. (Lawyers Weekly No. 08-02-0253, 8 pp.) (Malcolm J. Howard, Sr.J. - Order)...

Verdicts & Settlements March 10, 2008: Parties settle construction site injury claim.(Brief article)
March 10, 2008... Byline: North Carolina Lawyers Weekly Staff This case settled after two mediations with the liability carrier and two with the workers' compensation carrier. The plaintiff had been struck by falling debris at a construction site. His...

Verdicts & Settlements March 10, 2008: Log home company liable for defective design, construction.
March 10, 2008... Byline: North Carolina Lawyers Weekly Staff The plaintiff purchased a package of materials for the shell of a log home from AmerLink, Ltd., and contracted with AmerLink, Ltd. to erect the shell of the log home. The plaintiff alleged...

Verdicts & Settlements March 10, 2008: Consent judgment entered in Peterson wrongful death suit<x.
March 10, 2008... Byline: North Carolina Lawyers Weekly Staff On Dec. 9, 2001, the defendant, Michael Peterson, allegedly beat to death his wife, Kathleen Peterson. The plaintiff's evidence at trial would have shown: An initial assault; hours later, the...

North Carolina Lawyers in the News: March 17, 2008.
March 17, 2008... Byline: N.C. Lawyers Weekly Staff Report Nelson Mullins Riley & Scarborough attorney Jack Slosson has received the firm's 2007 Claude M. Scarborough Jr. Award for pro bono service. Based in Charlotte, Slosson received recognition for his...

Campbell University buys site for future law school in downtown Raleigh.(Brief article)
March 17, 2008... Byline: N.C. Lawyers Weekly Staff Report Campbell University bought the building that will house its future law school on Feb. 28. The site, located at 225 Hillsborough Street in downtown Raleigh, will be renovated and open for classes in...

Minority farmers in North Carolina cling to homes and heritage with law firm's help.
March 17, 2008... Byline: Diana Smith Twenty-four years ago, Tim Pigford farmed 300 acres of land near a rural North Carolina town called Riegelwood. The land had been in his family for generations, dating back as far as slavery. But he was in danger of...

N.C. Association of Women Attorneys encouraging women to serve on Superior Court bench.(North Carolina)
March 17, 2008... Byline: Guy Loranger More women are serving as judges in North Carolina than ever before. Still, few of those women can be found on the Superior Court bench, which has raised the concern of the N.C. Association of Women Attorneys. ...

N.C. Supreme Court: Woman injured by falling tree gets another chance at $500K.(North Carolina)
March 17, 2008... Byline: Fred Horlbeck Ten years after a 34-foot tree fell on her at the N.C. Zoological Park, a woman has another shot at $500,000 in damages. The state Supreme Court has reversed and remanded a Court of Appeals decision that denied her...

N.C. Supreme Court clears up appellate rules confusion.(North Carolina)
March 17, 2008... Byline: Guy Loranger The Supreme Court might have finally laid to rest the controversy swirling around dismissals for appellate rule violations in the aftermath of Viar. In a unanimous March 7 ruling, the high court reversed and...

North Carolina Supreme Court: Revised family test survives reversal on other grounds.
March 17, 2008... Byline: Fred Horlbeck The Supreme Court has reversed a 2-1 Court of Appeals decision that broadened North Carolina's legal definition of "single family" to include people who aren't related by blood, marriage or adoption. However,...

North Carolina Supreme Court to review obstruction tort.
March 17, 2008... Byline: Guy Loranger The state Supreme Court will decide whether a hospital could be sued for obstruction of justice for withholding X-rays that a plaintiff had requested to initiate a medical malpractice action. The case, Grant v....

N.C. Supreme Court Case Summaries: March 17, 2008.(North Carolina)
March 17, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Rules Violations - Dismissal - Reversed Jones v. Harrelson & Smith Contractors, LLC. (Lawyers Weekly No. 08-06-0290, 1 p.) (PER CURIAM) From the Court of Appeals....

N.C. Court of Appeals Unpublished Case Summaries: March 17, 2008.(North Carolina)
March 17, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Res Judicata - Separate Injuries - Successive Actions - Tort/Negligence - Hunting Stand Collapse Skeen v. Warren & Sweat Manufacturing. (Lawyers Weekly No. 08-16-0306, 8...

U.S. Court of Appeals 4th Circuit Case Summaries: March 17, 2008.
March 17, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Res Judicata Surface Mine Remedial Act - Constitutional Challenge Laurel Sand & Gravel Inc. v. Wilson. (Lawyers Weekly No. 08-01-0320, 14 pp.) (Gregory, J.) No. 07-1046,...

N.C. Bar Association 's 4ALL public service day set for Friday.(North Carolina)
March 31, 2008... Byline: Guy Loranger The N.C. Bar Association has built it. Now, will the public come? That's the only question left to be answered as the 4ALL campaign heads into its signature event -- a statewide public service day set for Friday....

With record for longest District Court service in North Carolina, judge looks back on 32 years.(Charles W. Wilkinson Jr.)
March 31, 2008... Byline: Diana Smith It's Christmas Eve, and there's a knock on the door at Chief District Judge Charles W. Wilkinson Jr.'s home in Oxford. Standing on the doorstep is a deputy sheriff, holding an order that Wilkinson must sign for a...

Commentary: 'A little lesson in humility' from Cleveland County Bar members.
March 31, 2008... Byline: Leslie A. Farfour Jr. When I made my first courtroom appearance in Cleveland County, I fell victim to what I found out later was a continuing prank played on new attorneys by Charlie Horn, one of the more experienced attorneys in...

Commentary: N.C.'s premises liability law is variation of Roman notion.(North Carolina)
March 31, 2008... Byline: Mark McGrath Seneca, the Roman statesman and orator, once said that a person who does not take action to prevent a crime when he has the ability and means to do so is guilty of encouraging its commission. The North Carolina courts...

North Carolina Lawyers in the News: March 31, 2008.
March 31, 2008... Byline: N.C. Lawyers Weekly Staff Report Terri L. Gardner, a certified bankruptcy specialist, has joined the Raleigh office of Nelson Mullins Riley & Scarborough as a partner. She is the firm's first bankruptcy and creditors' rights...

Judge Maurice Alexander Biggs Jr. of Rocky Mount dies March 19 at 80 years of age.(Obituary)(Brief article)
March 31, 2008... Byline: N.C. Lawyers Weekly Staff Report Judge Maurice Alexander Biggs Jr. of Rocky Mount died March 19 at age 80. Born in Fayetteville, he received both his undergraduate and law degrees at Wake Forest. His undergraduate schooling was...

PLLC member could file derivative, not direct, action, rules N.C. Court of Appeals.(North Carolina)
March 31, 2008... Byline: Guy Loranger A member of a two-lawyer PLLC firm could sue the other member for misappropriation of funds through a derivative action, but not a direct one, the Court of Appeals has ruled. In a first-impression decision, the...

Oaths valid in telephone depositions from abroad, rules N.C. Court of Appeals.(North Carolina)
March 31, 2008... Byline: Fred Horlbeck An oath administered to a deponent in a long-distance call from Raleigh to Honduras was valid under the N.C. Rules of Civil Procedure, the Court of Appeals has said in an apparent first-impression decision. It was...

N.C. Business Court: Insurance policies were discoverable before mediation.(North Carolina)
March 31, 2008... Byline: Guy Loranger A plaintiff could discover the amount of coverage left under a defendant's insurance policies before the parties entered mediation, the N.C. Business Court has ruled in a first-impression decision. "The parties...

NC Court of Appeals Unpublished Case Summaries: March 31, 2008.(North Carolina)
March 31, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Continuance Motion - Denial - Admissible Evidence - Licenses & Permits - Heating Contractor Klein v. State Board of Examiners of Plumbing, Heating & Fire Sprinkler...

U.S. Court of Appeals 4th Circuit Case Summaries: March 31, 2008.
March 31, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Final Order - Insurance - Duty to Defend Penn-America Ins. Co. v. Mapp. (Lawyers Weekly No. 08-01-0367, 12 pp.) (King, J.) No. 06-2279, March 20, 2008; USDC at...

U.S. District Court Eastern District Case Summaries: March 31, 2008.(Brief article)
March 31, 2008... Byline: North Carolina Lawyers Weekly Staff Admiralty Foreclosure - Fishing Permits - Limited Access - Rule 60 Caterpillar Financial Services Corp. v. F/V Site Clearance I. (Lawyers Weekly No. 08-02-0370, 10 pp.) (Terrence W....