North Carolina Lawyers Weekly articles from November 2004

North Carolina Lawyers Weekly archives from November 2004

N.C. bankruptcy judge rules widow's move didn't defeat homestead exemption.
November 1, 2004... Byline: Ertel Berry Even though a 76-year-old bankruptcy debtor had moved out of her Goldsboro home -- with no plans to return -- she could still claim a homestead exemption in the property under Chapter 7, a bankruptcy judge has ruled....

N.C. attorney Robert F. "Bud" Siler is elected State Bar president.
November 1, 2004... Byline: Michael Dayton The State Bar's new president says he'll look for new ways to stop lawyers from taking client funds. "I want a committee to look at possible ways that the State Bar might be able to deter and early detect these...

N.C. Court of Appeals rules faulty mall security is not grounds to skip lease.
November 1, 2004... Byline: Ertel Berry A Charlotte shoe repair store could not break a mall lease on claims that high crime and inadequate security drove off customers and endangered employees, the Appeals Court has ruled. In an unpublished decision, the...

North Carolina State Bar's disciplinary rules to be reviewed.
November 1, 2004... Byline: Michael Dayton In the wake of a controversial disciplinary case, the Bar will appoint a special committee to review its rules and procedures for dealing with ethical misconduct. The Bar's Executive Committee on Oct. 21 passed a...

North Carolina chief justice urges financial independence for court system.
November 1, 2004... Byline: Michael Dayton The state's chief justice says he looks forward to the day when the courts can set their own budget. "We're getting closer to true judicial independence by getting an amendment to allow the judicial department to...

A North Carolina zoo visitor's tort claim tripped up by affidavit.
November 8, 2004... Byline: Ertel Berry A 2-1 Appeals Court decision highlights a potential pleading risk for plaintiffs suing state agencies under the tort claims act. By law, tort claims plaintiffs must file an initial affidavit that names not only the...

Two North Carolina State Bar ethics rulings would limit use of paralegal search companies.
November 8, 2004... Byline: Michael Dayton Two ethics rulings proposed by the State Bar could hold implications for real property lawyers, placing limits on what title search companies they use and spelling out how to avoid problems when representing a home...

N.C. judge allows jurors to decide negligence of plaintiff driving 40 in 35 zone on Halloween.
November 8, 2004... Byline: Ertel Berry A Catawba trial judge properly let jurors decide whether the plaintiff in a head-on wreck was contributorily negligent -- even though the plaintiff was only going five mph over the speed limit when the defendant crossed...

North Carolina trial court dismisses Internet business tort claims.
November 8, 2004... Byline: Ertel Berry A Mecklenburg trial judge has tossed out claims that investors stole a businessman's plan for delivering internet security services, then formed a competitor that destroyed the plaintiff's companies. The plaintiff...

Recent N.C. Appeals Court decision finds title policy arbitration clauses may not be binding.
November 15, 2004... Byline: Ertel Berry Real property attorneys say title insurers may have trouble enforcing a standard arbitration clause found in owners' policies in the wake of a recent Appeals Court decision. In a first-impression opinion issued in...

North Carolina consumers lack standing for 'indirect purchaser' suits.
November 15, 2004... Byline: Ertel Berry The state's Business Court has dismissed two class actions based on a five-factor test that could sharply curtail standing to bring "indirect purchaser" suits under North Carolina antitrust law. In an Oct. 26...

North Carolina lawyer named president of Chicago-based Defense Research Institute.
November 15, 2004... Byline: Michael Dayton Tort reform took the stage during the presidential campaign, but the nation's largest defense bar group is not likely to wade into the debate any time soon, says its newly elected leader. Raleigh lawyer Richard...

Charlotte, N.C. lawyer pleads guilty to mortgage fraud.
November 15, 2004... Byline: Michael Dayton Former Charlotte lawyer Jeffrey A. Hopkins last week acknowledged his role in a mortgage fraud scheme that cost lenders as much as $3.5 million, and he now faces several years of prison time. Hopkins is one of...

Two tips to preserving summary judgment appeals.(North Carolina)
November 29, 2004... Byline: Ertel Berry A recent unpublished ruling contains two tips for preserving a party's right to appeal from a summary judgment that establishes liability but leaves damages for the jury. The first tip: make sure the notice of...

N.C. Court of Appeals rules publication service improper despite sheriff's five attempts.
November 29, 2004... Byline: Michael Dayton Even though an insurance company attempted personal service five times at a defendant's Raleigh home, the insurer also had to try certified or registered mail before turning to service by publication, the Court of...

Commentary: new commercial transactions endorsements.(part 1)
November 29, 2004... Byline: Tonya Mason Since October 2003, the American Land Title Association (ALTA) adopted 15 new endorsements primarily designed to be used with commercial transactions: ALTA 14 (Future Advance - Priority); ALTA 14.1 (Future Advance -...

N.C. Court of Appeals affirms commission for homebuyer's agent.
November 29, 2004... Byline: Ertel Berry A Durham couple must pay a commission to a buyer's agent as the "procuring cause" for a home sale, even though the buyer was already renting the house and had tried to purchase it once before, the Appeals Court has...

Liability insurer sanctioned for not wiring settlement funds.(North Carolina)
November 29, 2004... Byline: Ertel Berry A liability insurer that sent a regular check to cover its share of a $7 million auto settlement -- instead of following a consent order to wire the funds -- wound up paying $3,338 extra in contempt penalties, according...