North Carolina Lawyers Weekly articles from May 2003

North Carolina Lawyers Weekly archives from May 2003

Winston-Salem Law Office Of Kilpatrick Stockton Hosts Dialogue On Freedom.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff Kilpatrick Stockton's Winston-Salem office is hosting "Dialogue on Freedom," a program conceived by Supreme Court Justice Anthony Kennedy and operated by the American Bar Association. ...

Bar Ethics Opinion Would Allow N.C. Law Firms To Use PEOs.
May 5, 2003... Byline: Michael Dayton North Carolina law firms could soon be allowed to use outside companies to handle their employment decisions -- including the hiring and firing of attorneys -- under a proposed ethics opinion. Proposed 2003...

N.C. Lawyers In The News: May 5, 2003.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff William E. Craft of Wallace has run a notice announcing his retirement on April 1 after 52 years in practice. Winston-Salem lawyers Wendell Schollander and Wes Schollander have had their...

N.C. Court of Appeals 4th Circuit Case Summaries: May 5, 2003.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Rights Constitutional Medical Record Privacy HIPAA The 4th Circuit rejects a constitutional challenge to provisions of the Health Insurance Portability & Accountability Act of...

Verdicts & Settlements May 5, 2003: Amputee's Prosthesis Fails.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff Brief Statement of claim: Plaintiff, who had previously suffered an amputation of his left leg below the knee as a result of diabetic complications, experienced a sudden and catastrophic fatigue...

U.S. Magistrate Court Rules Common Interest Privilege Didn't Apply To Trade Group Documents.
May 5, 2003... Byline: Ertel Berry A utility company could not assert attorney-client privilege over communications from lawyers for an industry trade group where the materials didn't relate to specific litigation, a federal magistrate judge has ruled....

Residents Reach Settlement With Town Of Tarboro On Discrimination Lawsuit.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff Two years after filing a lawsuit alleging unfair housing practices, Tarboro residents and the Town of Tarboro have reached a settlement. The settlement opens the door for the development of...

U.S. District Court Middle District Case Summaries: May 5, 2003.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Pleadings Amendment - Scheduling Order - Futility - Conflict Preemption - Insurance - NFIP - Unfair Trade Practices Even though Fed. R. Civ. P. 15(a) says leave to amend a...

U.S. District Court Western District Case Sumaries: May 5, 2003, 2003.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Rights Administrative - Driver's License - SSN - Privacy Act - Inapplicable - Constitutional Even though the Privacy Act of 1974 prohibits state governments from denying an...

N.C. Ethics Committee Offers Opinion On Preparing POA For A 3rd Party At The Request Of A Client.
May 5, 2003... Byline: North Carolina Lawyers Weekly Staff Council Actions At its meeting on April 18, 2003, the State Bar Council adopted the opinions summarized below upon the recommendation of the Ethics Committee. ______________ Revised...

U.S. Western District Court Rules National Guardsman Had No Wrongful Discharge Claim.
May 5, 2003... Byline: Ertel Berry An at-will employee who said he was fired after taking three days off for National Guard duty could not sue for wrongful discharge under state law, a federal judge has ruled. That common law remedy, which required...

Verdicts & Settlements May 5, 2003: Arbitration Panel Awards $1.5M In MedMal Case.
May 5, 2003... Byline: Ertel Berry An arbitration panel has awarded $1.55 million to the family of a patient who suffered a massive heart attack after a Duke doctor told him he didn't need a test that would have disclosed severe coronary disease. ...

Commentary: A Few Tech Tips Acquired Over The Years.
May 12, 2003... Byline: Bruce L. Dorner It's the little things that make the most difference. Just ask your spouse. The same holds true for computers. Knowing the little tweaks and adjustments that improve your relationship with the mechanical beast can...

N.C. Lawyers In The News: May 12, 2003.
May 12, 2003... Byline: North Carolina Lawyers Weekly Staff Christina F. Johnson and James Kim have joined the Greensboro firm of Adams Kleemeier Hagan Hannah and Fouts as associates. Johnson was an associate with Sidley Austin Brown & Wood in London,...

Skipping Arbitration Not Grounds For Sanctions Ruling Reverses N.C.Appeals Court.
May 12, 2003... Byline: Ertel Berry Even though a defendant skipped a court-ordered, non-binding arbitration -- and there was no evidence the attorney who did go could make decisions for him -- that wasn't grounds for sanctions, the Supreme Court has...

N.C. Court of Appeals 4th Circuit Case Summaries: May 12, 2003.
May 12, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Rights Privacy Act - Federal Firearms License - ATF Investigation Where an agent of the federal Alcohol, Tobacco & Firearms agency allegedly disclosed to plaintiff's condominium...

Experts Answer Some Common Technology Questions.
May 12, 2003... Byline: North Carolina Lawyers Weekly Staff Ask the Experts is a regular feature of Lawyers Weekly's Online Forum. The following questions and answers were taken from an installment focusing on technology. The questions came from...

N.C Supreme Court Okays S.C. Doctor's Opinion On N.C. Standards.
May 12, 2003... Byline: Ertel Berry The Supreme Court has declined to review a decision that let a South Carolina doctor testify on practice standards in Asheville, even though he based his opinions in part on national guidelines. That case, which...

N.C. Appeals Court Rules Dad's Verbal Abuse Didn't Violate Custody Order.
May 12, 2003... Byline: Ertel Berry Even though a Wake dad verbally abused a mom at a ball game in front of their kids -- and stopped her from leaving until others intervened -- the trial judge erred in holding him in contempt for interfering with the...

N.C. Court of Appeals Case Summaries: May 12, 2003.
May 12, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Licensing - Orthodontist - Standard of Care - Expert Testimony - Dentistry Board - Labor & Employment - Tort/Negligence Where the Board of Dental Examiners (the Board) was...

N.C. Supreme Court Case Summaries: May 12, 2003.
May 12, 2003... Byline: North Carolina Lawyers Weekly Staff Arbitration Court- Ordered - Good Faith Participation - Nonbinding - Attorney's Presence - Sanctions Even though the defendant did not personally appear at the court-ordered arbitration...

Fourth Circuit Rules Employer Liable For Not Following Harassment Policy.
May 12, 2003... Byline: Michael Dayton A female welder who complained about harassment by a supervisor -- only to see the employer do little to correct it -- was properly awarded $200,000 in compensatory damages and $165,270 in attorney's fees, the U.S....

Commentary: Inter-Party E-Mail: Taking The Plunge.
May 12, 2003... Byline: Sean Roche Litigators have made considerable gains incorporating technology into practice, but there is one significant area practically untouched by computers: inter-party correspondence and other exchange. Despite the broad...

Commentary: Cutting The 'Technocord' With A Wireless Law Practice.
May 12, 2003... Byline: Ross Kodner Those frustrating cables - they're everywhere! Intertwining and connecting seemingly plug-incompatible gadgets in our laptop cases; tangling purses and briefcases in a snakelike mass of plastic-encased cords; connecting...

Misrepresentation Claims Rejected In Land Sale, Accounting Cases.
May 19, 2003... Byline: Michael Dayton Two May 6 Appeals Court opinions show the difficulty of winning claims for negligent misrepresentation. The cases, both unpublished, highlight two shortcomings that can undercut a plaintiff's claims -- showing...

N.C Industrial Commission Rules Trucker Gets Comp For Wreck Despite Preexisting Heart Disease.
May 19, 2003... Byline: Ertel Berry Even though a trucker's preexisting heart disease played a role in his blackout and subsequent wreck, he could still collect total disability benefits, the Industrial Commission has ruled. The reason: the...

NC Court of Appeals Unpublished Case Summaries: May 19, 2003.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Arbitration Court- Ordered - Failure to Appear - Sanctions - Attorneys' Fees - Appeals - Real Property - Easement Where neither the defendant nor his attorney appeared for the...

U.S. Bankruptcy Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Real Property - Mortgages - Mobile Home - Valuation - Appraisal - NADA Where the creditor's appraiser valued a 15-year-old single-wide mobile home in below average condition...

N.C. Court of Appeals 4th Circuit Case Summaries: May 19, 2003.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Entrapment - Psychiatric Testimony - Head Injury Where defendant claimed that a 1997 head injury left him more susceptible to entrapment by government agents than the...

U.S. District Court Eastern Case Summaries: May 19, 2003.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Tort/Negligence - Premises Liability - Past Incidents - Safety Inspections & Manuals Even though only one shelf fell on the plaintiff-customer, her discovery...

Two N.C. Bar-Takers Revived After Multistate Rescored.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Two February bar applicants who received the dreaded "We regret to inform you " letter from the state Board of Law Examiners got a new breath of life last week after the National Conference of Bar...

Heart Balm, ED Bills Make Crossover Deadline In N.C. General Assembly.
May 19, 2003... Byline: Ertel Berry Bills that would abolish heart-balm torts and extend the time for filing equitable distribution claims are among the lawyer-related bills still alive at the General Assembly. Except for budget and tax measures,...

Former Judge James Baley Of Asheville Dies At 91.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Judge James M. Baley Jr. of Asheville, 91, died May 11 after a brief illness. Born in Greensboro, he moved with his family to Marshall, then to Asheville. He attained his law degree at...

N.C. Industrial Comm. Case Summaries: May 19, 2003.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Causation - Heart Attack - Truck Driver - Pre- Existing Condition - Fatigue & Altitude Even though the plaintiff-truck driver had pre-existing heart disease, since...

N.C. Lawyers In The News: May 19, 2003.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff R. Toadvine has been added as a partner in Kilpatrick Stockton's Charlotte office in the employee benefit group, where he focuses on taxation, ERISA and employee benefit planning. He earned his...

N.C. Superior Court Denies Costs For Travel, Deposition Charges.
May 19, 2003... Byline: Ertel Berry A Superior Court judge has ruled he could not award court costs for certain types of expenses -- including trial exhibits, deposition charges and travel -- even though several Appeals Court decisions apparently say he...

U.S. District Court Middle District Case Summaries: May 19, 2003.
May 19, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Race & Disability Discrimination Claims - Administrative Remedies - Failure to Exhaust - Public Employees Even though the plaintiff alleges she performed...

Verdicts & Settlements May 26, 2003: Severe Hypertension Emergency Goes Untreated.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Plaintiff presented to defendant hospital with a severe hypertensive emergency. The hypertension went untreated for 10 days resulting in total blindness. Principal...

Verdicts & Settlements May 26, 2003: Employee Refuses To Continue Sex With Supervisor.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Sexual harassment/ retaliatory discharge Description: Plaintiff brought claims of sexual harassment and retaliatory discharge under state and federal law, along with state law...

N.C. Court of Appeals Rules Motorist Gets Directed Verdict Despite Driving Without Lights.
May 26, 2003... Byline: Michael Dayton Even though a Winston-Salem motorist may have been driving at night without headlights, she was entitled to a directed verdict against another driver that she hit, the Court of Appeals has ruled. Given the...

District Court Arbitration Program in N.C. Could Be Axed.
May 26, 2003... Byline: Michael Dayton Faced with a tight budget, lawmakers are poised to eliminate the District Court's nonbinding arbitration program. "We pretty much think the program is gone, although the General Assembly could save it in the 11th...

North Carolina Legal Obituaries: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Allston J. Stubbs, retired Durham Lawyer, died May 16 at age 92. Born in Sumter, S.C., he graduated from law school at the University of North Carolina in 1932, and received a Master of Law...

N.C. Lawyers In The News: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Assistant DA Randy Cartrette volunteered to help Brunswick and Columbus county high schoolers prepare for a mock trial competition at the annual Teen Court Summit in Southern Pines. ...

N.C. Appeals Court Rules Comp Fee Could Be Based On Medical Bills.
May 26, 2003... Byline: Ertel Berry A Superior Court judge could consider the $410,000 in medical compensation obtained for a worker -- not just his $24,000 wage benefits -- in setting a fee award against his employer, the Appeals Court ruled May 20. ...

U.S. Bankruptcy Court Case Summaries: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Mortgages - Reaffirmation Agreement - Post- Discharge - Ineffective Where neither the debtors, their attorney, nor their creditor signed an agreement reaffirming their mortgage...

U.S. District Court Eastern District Case Summaries: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Rights Voting Rights Act - Constitutional - Equal Protection - Congressional Redistricting - Civil Practice - Standing Even though N.C. Congressional Districts 6 and 13 cross each...

North Carolina Legal Obituaries: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff David Maclin Harris, 87, of Charlotte, formerly of Wake Forest, died May 16. He was a graduate of Wake Forest College and of Wake Forest College Law School. He worked for the FBI for 38 years...

North Carolina Legal Obituaries: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Carlyle Campbell Jr., 72, of Charlotte, died Jan. 28, Lawyers Weekly has learned. A law graduate of the University of North Carolina, he practiced law in Charlotte until his recent...

Verdicts & Settlements May 26, 2003: Pancreatitis Develops After Surgery For Diverticulitis.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: The decedent was a chronically ill 60-year-old man who was disabled. He underwent surgery for diverticulitis. As an alleged result of that surgery, he developed...

Verdicts & Settlements May 26, 2003: 'T-Bone' Collision At Intersection.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: On Halloween night of 1998, the plaintiff was driving his car at about 55 mph. The defendant, traveling on a side road at a speed of approximately 40 mph entered an...

Verdicts & Settlements May 26, 2003: Truck Veers Across Median Into Oncoming Traffic.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Two truckers traveling side-by-side on I-85 in Durham County bumped, causing one of the trucks to veer across the median and into approaching traffic, striking a car in...

Verdicts & Settlements May 26, 2003: Diving Accident Claim Settled For $3.4 Million.
May 26, 2003... Byline: Ertel Berry A Fayetteville health club's violation of discovery rules has paved the way for a $3.4 million settlement with a 14-year-old boy who broke his neck in a diving accident. SETTLEMENT REPORT The 2001 accident...

Verdicts & Settlements May 26, 2003: Amusement Park Accident.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Personal Injury Description of case, the evidence presented, the arguments made and/or other useful information: A personal injury case involving an injury at an amusement...

Verdicts & Settlements May 26, 2003: Wrongful Timber Cutting -- Limitations Issue.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: The defendant timber company had a contract to thin timber from the land of an adjoining landowner. Instead of cutting the timber from the land of the contracting party,...

Verdicts & Settlements May 26, 2003: Denial Of Benefits -- Termination Issue -- Pretext.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Denial of ERISA benefits, including severance pay and salary continuation Description: Case involved three claims, two were for denial of benefits and one for interfering with...

Verdicts & Settlements May 26, 2003: Pedestrian Struck By Truck In Crosswalk.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Pedestrian struck by cement truck. Other useful info: The claimant was allegedly walking in crosswalk when cement truck ran over her. Principal injuries (in...

N.C. Court of Appeals Case Summaries: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Prior Activities - General Jurisdiction - Continuous & Systematic Contacts - Domestic Relations - Parent & Child - German Support Order Even though...

N.C. Court of Appeals 4th Circuit Case Summaries: May 26, 2003.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Search & Seizure - Search Warrant - Affidavit - Omitted Statement - Probable Cause Even though a police sergeant, who made a traffic stop and learned from the driver...

Verdicts & Settlements May 26, 2003: Officer Injured In Intersection Collision.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Timothy Burns, D.A.R.E. officer and 16-year veteran of the Durham Police Department, suffered back injuries in a Jan. 20, 1999 accident after his vehicle was struck at...

Verdicts & Settlements May 26, 2003: Uncontrolled Diabetes -- Brain Stem Stroke Misdiagnosed.
May 26, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: A 56-year-old wife and mother of five children was referred in February 1996 to an endocrinologist to treat her diabetes. The woman had a history of obesity and...