North Carolina Lawyers Weekly articles from May 2005

North Carolina Lawyers Weekly archives from May 2005

N.C. House of Representatives passes bill encouraging use of power of attorney.
May 2, 2005... Byline: Ertel Berry A bill that would protect persons who rely on a power of attorney that appears valid and penalize those who unreasonably refuse to do so has cleared the state House of Representatives by a unanimous vote. HB 510,...

Employer wins verdict in trial over job recruiting promises rules U.S. Eastern District judge.
May 2, 2005... Byline: Ertel Berry A federal jury has rejected a suit brought by a former California resident who alleged he was lured into taking a job in this state by false promises of long-term work. "This was a complex, eight-claim employment...

Listservs finding favor among N.C.'s real property lawyers.(North Carolina Bar Association)
May 2, 2005... Byline: Michael Dayton When North Carolina's real property lawyers hold their annual meeting this week, a high-tech topic will head the agenda: listservs. Real estate practitioners say the listserv hosted by the North Carolina Bar...

The status of women lawyers in North Carolina.(interview with Christine M. Walczyk)(Interview)
May 2, 2005... Byline: Jasmine Modoor Raleigh lawyer Christine M. Walczyk says female attorneys are often forced to choose between raising families and making partner and that needs to change. Walczyk has been studying the role of women in the...

Raleigh attorney pens 'Letters From The Woods'.(Mike Hurley)(Biography)
May 2, 2005... Byline: Jasmine Modoor When Mike Hurley left the comfortable path to partnership in a Houston law firm to open a solo practice, little did he know what awaited him. As though torn from the pages of a novel, Hurley soon became enthralled by...

Verdicts & Settlement May 2, 2005: Nursing home pays $1M settlement on neglect, death claims.
May 2, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Nursing home abuse/neglect Injuries alleged: Severe weight loss; infected pressure ulcers; wrongful death Name of case: Confidential Court/county: Confidential ...

Verdicts & Settlements May 2, 2005: Federal jury rejects fired job recruit's fraud, contract.
May 2, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Race discrimination; age discrimination; breach of employment contract; breach of implied covenant of good faith and fair dealing; and four fraud-related California tort claims ...

U.S. Court of Appeals 4th Circuit Case Summaries: May 2, 2005.
May 2, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Priority - Health Insurance Plan Under the 4th Circuit's recent decision in Howard Delivery Service Inc. v. Zurich American Ins. Co., a health insurance carrier/plan...

U.S. District Court Eastern District Case Summaries: May 2, 2005.
May 2, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Race Discrimination & Retaliation - Hangman's Noose - KKK References - Administrative Where the African-American plaintiffs allege that a co-worker...

U.S. District Court Western District Case Summaries: May 2, 2005.
May 2, 2005... Byline: North Carolina Lawyers Weekly Staff Real Property Tract Size - Description - Easement - National Forest Even though the public record's first mention of the tract at issue said it contained 50 acres, since the calls to...

U.S. Bankruptcy Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Constitutional - 11th Amendment Immunity - In Rem Proceeding - Real Property Where this adversary proceeding involves an exercise of in rem jurisdiction which does not result...

N.C. Court of Appeals Unpublished Case Summaries: May 2, 2005.
May 2, 2005... Byline: North Carolina Lawyers Weekly Staff Domestic Relations Paternity - Admission - DNA Test - Rule 60(b) - One- Year Limit Even though the defendant alleges the plaintiff-mother fraudulently told him that she had not had sex...

N.C. Appeals Court rules spousal separation began statute of limitations in alienation suit.(McCutchen v. McCutchen)
May 9, 2005... Byline: Ertel Berry A May 3 Appeals Court holding answers at least partially a key question in heart-balm tort litigation: when does the three-year statute of limitations start on claims for alienation of affections? In a split...

N.C. Appeals Court rules no immediate appeal of refusal to enforce settlement.(Milton v. Thompson)
May 9, 2005... Byline: Ertel Berry The defendants in a wreck case could not immediately appeal a trial judge's refusal to enforce the plaintiff's alleged $460,000 settlement agreement, the Appeals Court held May 3. The ruling means the case, which at...

N.C. Board of Law Specialization moves closer to approving Social Security law as specialty status.(Board of Law Examiners)
May 9, 2005... Byline: Michael Dayton Social Security law just moved one step closer to earning specialization status. In April, the Board of Legal Specialization gave the green light to an application for a proposed specialty in that practice area....

June reception planned to honor North Carolina Central University Law Dean Janice Mills.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff NCCU Law School Dean Janice Mills will step down on June 30 after seven years at her post and just weeks before the new doors of the law school open on S. Alston Avenue in Durham. A reception...

Attorney William L. Woolard of Charlotte dies at age 73.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff William L. Woolard of Charlotte died April 26 at age 73. Born in Bath, he earned his undergraduate and law degrees at Duke University. While at Duke, he received a Carnegie Endowment...

Verdicts & Settlements-May 9, 2005: Psychiatric patient's death from drug toxicity results in $2.3M.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful death Injuries alleged: Death due to Amitriptyline (Elavil) toxicity Name of case: Confidential Court/county: Confidential Case no.: Confidential...

Verdicts & Settlements-May 9, 2005:$1,190,000 plus interest awarded in land condemnation action.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation Injuries alleged: Taking of approximately 2.6 acres of real property and imposition of power line easement, damage to remainder Name of case:...

Verdicts & Settlements-May 9, 2005: Verdict for airport authority in land condemnation case.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation Injuries alleged: Airport Authority condemned approximately 42 acres of a 121-acre tract. Landowners contended the entire tract was taken due to lack of...

U.S. Court of Appeals 4th Circuit Case Summaries: May 9, 2005.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Excessive Force - Wrongly Convicted Defendant - Fabricated Evidence A man who was wrongfully convicted of capital murder in Virginia may sue the estate of a law enforcement...

U.S. District Court Eastern District Case Summaries: May 9, 2005.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Race Discrimination Claim - Failure to Promote Where the plaintiff, an African-American man, had been the subject of several disciplinary actions, and...

U.S. District Court Western District Case Summaries: May 9, 2005.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Sexual Harassment - Public Employees - Affirmative Defense Where, as soon as the plaintiff-police officer followed the defendant-city's anti- sexual...

N.C. Administrative Hearings Case Summaries: May 9, 2005.
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Environmental - UST Clean Up - Trust Fund - Commercial or Noncommercial Where the underground storage tanks on the petitioners' land were commercial USTs, the petitioners...

Richmond, Va.-based Landamerica Financial Group names McLean, Cruden.(Brief Article)
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff LandAmerica Financial Group, Inc. (NYSE: LFG), has named John T. McLean North Carolina state counsel and Tabatha L. Cruden branch manager and counsel for the company's commercial services office...

Worldwide law firm DLA Piper opens office in Raleigh.(Brief Article)
May 9, 2005... Byline: North Carolina Lawyers Weekly Staff Worldwide law firm DLA Piper Rudnick Gray Cary US LLP has opened a Raleigh office, according to a news release. The new operation will be staffed by attorneys who formerly practiced at Alston &...

NC Workers' Compensation Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: Ertel Berry The Supreme Court will not review a case that gave a Wal-Mart worker a new comp hearing because the carrier had ex parte contacts with her doctor. That case, which reversed the Industrial Commission's...

U.S. Eastern District Court stays comity admission in law board appeal.(Morrison v. Bd. of Law Examiners of the State of North Carolina)
May 16, 2005... Byline: Michael Dayton An order that would have required the state Board of Law Examiners to admit a comity applicant has been stayed while the case is on appeal. The reason for the stay: the normal background check run on all Bar...

Commentary: General contractors at risk for actions of subcontractors.
May 16, 2005... Byline: Jeff Doyle General contractors who fail to adequately ensure their subcontractors' compliance with OSHA regulations may be exposed to greater liability in civil litigation as well as workers' compensation claims as a result of a...

Tafts build case for the environment.(Tom Taft, Liz Doster Taft working to protect environment)
May 16, 2005... Byline: Kyle York First published in the Winter 2004 issue of Carolina Connections, The University of North Carolina at Chapel Hill. Reprinted by permission. Greenville personal injury attorney Tom Taft makes his career as a...

N.C. Industrial Commission memo regarding filing of Forms 24.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff FROM: Executive Secretary Tracey H. Weaver DATE: April 15, 2005 As many of you are already aware, the staff in the Office of the Executive Secretary at times returns Form 24...

U.S. Court of Appeals 4th Circuit Case Summaries: May 16, 2005.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Asylum - Chinese Citizen - Birth Control Policy A Chinese citizen who claims she was persecuted for having an unauthorized child, when she was fined 10,000...

U.S. District Court Eastern District Case Summaries: May 16, 2005.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Expert Report - Evidence - Sanctions Even though the defendants failed to comply with Fed. R. Civ. P. 26(a)(2)(B), failed to give a good explanation therefor,...

U.S. District Court Western District Case Summaries: May 16, 2005.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment FMLA - 'Eligible Employee' - 75- Mile Radius - Driving Distance Where an employee is only eligible for Family and Medical Leave Act benefits if her employer employees...

N.C. Supreme Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Open Meetings Law - Public Records Act - Municipal - Declaratory Judgment Action Where our Court of Appeals held, Where allowing a city government to bring a declaratory...

NC Court of Appeals Unpublished Case Summaries: May 16, 2005.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff Criminal Practice DWI - Intoxilyzer - Administering Officer - Current Permit Where Officer Bennett testified regarding his certification, and where his current certificate to administer...

N.C. Administrative Hearings Case Summaries: May 16, 2005.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Public Employees - Termination - Unacceptable Conduct - Insubordination Where there were disagreements between the petitioner and an employee in the Medicaid section,...

Law Day speech by N.C. Superior Court Judge Thomas W. Ross.(North Carolina )
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff Judge Thomas W. Ross delivered a speech, "Judicial Independence Under Attack," at the Mecklenburg County Bar annual Law Day luncheon on May 5 in Charlotte. Currently the director of the Z....

Navy appeals N.C. federal judge's bar to continued work on outlying landing field.
May 16, 2005... Byline: North Carolina Lawyers Weekly Staff The Navy turned to a federal appeals court on May 9 to overcome a lower court judge who has blocked work on a proposed landing field in eastern North Carolina pending more environmental study. ...

N.C. Court of Appeals Case Summaries: May 23, 2005.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Bond - Real Property - Affidavit - Personal Knowledge Where it appears the trial court based its decision to require a $1 million appeal bond on an affidavit...

U.S. Bankruptcy Court rules builder gets slander award for customer comments.
May 23, 2005... Byline: Ertel Berry A Brunswick County man who repeatedly and falsely told a developer, a supplier and bank officials that a builder misappropriated construction funds must pay $100,000 for slander, a bankruptcy judge has ruled. The...

N.C. Court of Appeals rules driver's DWI record admissible to show malice.(driving while intoxicated)(North Carolina)
May 23, 2005... Byline: Ertel Berry Copies of a drunk driver's prior convictions for DWI and driving with a revoked license and a deputy clerk's "bare testimony" that the convictions were on file could be admitted to show malice for second-degree...

N.C. Court of Appeals rules officer could order passenger to stay in car.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff A passenger who was told by a Roanoke Rapids police officer to remain in the car during a traffic stop was not improperly detained, the Court of Appeals has ruled in an apparent case of first...

Verdicts & Settlements May 23, 2005: Condemnation of 9-acre new Hanover tract settled for $339,000.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Condemnation Injuries alleged: Name of case: North Carolina Department of Transportation v. Edith Bridger Court/county: New Hanover County Superior Court Case...

Verdicts & Settlements May 23, 2005: Lenoir jury rules for landlord on lead paint suit.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury action for exposure to lead-based paint hazards Injuries alleged: Cognitive deficits Name of case: Parker v. Rountree Court/county: Lenoir County...

Verdicts & Settlements May 23, 2005: Arbitration panel rejects brokerage's duty to claimant's trader.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Securities options trading Injuries alleged: Loss of investment; $7 million Name of case: Grajewski v. Bear Stearns Court/county: NASD arbitration; Charlotte ...

Verdicts & Settlements May 23, 2005: Wake jury turns $14,000 award for cypress tree damages.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Trespass; nuisance; statutory claim; Sedimentation and Pollution Control Act, Chapter 113A, article 4 Injuries alleged: Death and damage to Leyland cypress trees Name of...

Verdicts & Settlements May 23, 2005: Electrician wins $88,000 wreck verdict.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Auto negligence Injuries alleged: Balance disturbance, back strain, neck strain Name of case: Poole v. Murray Court/county: Durham County Superior Court Case no.:...

Verdicts & Settlements May 23, 2005: Head-on Forsyth wreck results in $1.25 M recovery.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: The case arises out of a motor vehicle accident which occurred on Highway 58 in Forsyth County. The plaintiff was injured in a head-on collision. A second party suffered serious,...

Commentary: Perks that work.
May 23, 2005... Byline: Reni Gertner This article originally appeared in Lawyers Weekly USA. To subscribe visit www.lawyersweekly.com. From flex-time to monthly office birthday parties, there are all sorts of ways you might try to keep employees and...

U.S. Court of Appeals 4th Circuit Case Summaries: May 23, 2005.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Trustee's Interim Fees - Final Order - Ch. 7 A Chapter 7 trustee and the trustee's counsel may not appeal a bankruptcy court's award of "interim" fees to them and to the...

U.S. Bankruptcy Court Case Summaries: May 23, 2005.
May 23, 2005... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Defamation - Slander Per Se - Real Property - Construction Loan - Misappropriation Allegations - Bankruptcy Where a builder declared bankruptcy before completing a...

N.C. Appeals Court rules wife's credit card transfers hindered marital debt status.(North Carolina )
May 30, 2005... Byline: Ertel Berry A Mecklenburg wife's use of a common credit card strategy shifting balances around to get the lowest monthly payment could make it difficult to prove the total balance on her three cards represented marital debts,...

N.C. Court of Appeals turns down challenge to lost profits award.
May 30, 2005... Byline: Ertel Berry A recent unpublished Appeals Court decision gives some guidance on one of the tough things to prove in business interference and trade secret cases: lost profits. The general principles, and the associated buzz...

N.C. Court of Appeals rules reduced verdict okay where maximum damages amount not clear.(North Carolina)
May 30, 2005... Byline: Michael Dayton A Guilford County trial judge did not err in reducing a jury verdict from $35,000 to $5,000 in a gas station lease dispute, the Court of Appeals has ruled in an unpublished decision. In Wilson v. Belco, Inc....

To help children of injured or killed workers, Kids' Chance established in North Carolina.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff N.C. Industrial Commission Chairman Buck Lattimore last week recognized newly-established Kids' Chance of North Carolina for efforts to help the children of workers injured or killed on the job in...

Commentary: The plan for sentencing services: Elimination?
May 30, 2005... Byline: Susan E. Brooks In the early 1980s, the state of North Carolina was in a crisis. Prisons were overcrowded, and there was no relief in sight. To alleviate the problem, in 1983 the General Assembly enacted the Community Penalties...

Verdicts & Settlements-May 30, 2005: Building owner gets $950,000 condemnation recovery.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation Injuries alleged: n/a Name of case: NCDOT v. R & M Investments Court/county: Durham County Superior Court Case no.: 03 CvS 03974 Tried...

Verdicts & Settlements-May 30, 2005: Truck collision with hanging phone wires.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury/wrongful death Injuries alleged: Severe wounds and infections to decedent's face, head, arm and legs. The wounds to his head became infected. Infectious...

Verdicts & Settlements-May 30, 2005: Family of Alzheimer's nursing home resident gets $275,000.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Nursing home neglect Injuries alleged: Fall; shatter hip and shoulder; death Name of case: Confidential Court/county: Confidential Case no.: Confidential ...

Verdicts & Settlements-May 30, 2005: Delayed lymphoma diagnosis brings $1.7M settlement.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Delayed diagnosis and treatment of Hodgkin's lymphoma Name of case: Confidential Court/county: Confidential Case no.:...

U.S. Court of Appeals 4th Circuit Case Summaries: May 30, 2005.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Black Lung Claim - Survivor Benefits - VPCIGA Where a miner was receiving black lung benefits, but the insurance carrier for the responsible coal mining employer became...

U.S. District Court Eastern District Case Summaries: May 30, 2005.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Contract - Covenant Not to Compete - N.J. Law - Civil Practice - Preliminary Injunction Where the parties' covenant not to compete protects the plaintiff-employer's...

U.S. District Court Middle District Case Summaries: May 30, 2005.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Banks & Banking - Contract - Forged Checks Where the plaintiff alleges that the defendant-bank negligently changed the address on her account, sent a new checkbook to a...

NC Court of Appeals Unpublished Case Summaries: May 30, 2005.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Arbitration Court- Ordered - Amount in Controversy - Excessive - Sanctions Where the complaint clearly alleges an amount in controversy of more than $400,000well over the $15,000...

N.C. Administrative Hearings Case Summaries: May 30, 2005.
May 30, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Environmental - Real Property - CAMA Permit - Motel Remodeling - Hurricane Repairs Even though, before Hurricane Isabelle, the petitioners could have changed their motel...