North Carolina Lawyers Weekly articles from November 2005

North Carolina Lawyers Weekly archives from November 2005

Kirby & Holt receives Easter Seals philanthropy award.(Brief Article)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Kirby & Holt partners David Kirby and Mark Holt accepted a wooden vase presented to the firm when it received the Easter Seals United Cerebral Palsy statewide 2005 Philanthropist of the Year...

An insider's look: Avoiding appellate court traps.
November 7, 2005... Byline: Michael Dayton If you've ever been bewildered about who's the appellant and who's the appellee, you're not alone, says Supreme Court Clerk Christie Speir Cameron. Confusion on that issue is one of the most common mistakes that...

State plan must pay for second cochlear implant treatment not 'experimental,' says ALJ.(administrative law judge)
November 7, 2005... Byline: Ertel Berry An administrative law judge has ordered the state health plan to pay for a hearing-impaired employee's second cochlear implant even though using the devices in both ears has yet to win approval from the FDA. The...

Wayne County homeowner gets trial over building inspection.(McCoy v. Coker)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff A homeowner who said shoddy repairs on her house caused a severe outbreak of toxic mold can go to trial on negligence claims against Wayne County and the building inspector who approved the work,...

Smith Moore merges with Holt York McDarris Raleigh office.(Brief Article)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Smith Moore LLP has merged with the Raleigh office of the Holt, York, McDarris and High law firm. The combined operations will operate under the Smith Moore name, and will bring the total number...

North Carolina Lawyers in the News: November 7, 2005.(Benjamin R. Norman joins Brooks, Pierce, McLendon, Humphrey & Leonard )(Lance Sigmon opens new law office)(Eric P. Stevens been appointed at Greater Raleigh Chamber of Commerce)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Jeffrey A. Andrews, a shareholder with the Burlington law firm of Vernon, Vernon, Wooten, Brown, Andrews & Garrett, P.A., spoke at a seminar on legal issues surrounding medical records law. He...

Verdicts & Settlements November 7, 2005: Landowners' loss of sewer line access results.(NCDOT v. Reams)(Brief Article)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Eminent domain Injuries alleged: Taking of approximately 28.5 acres from an approximately 98-acre tract of land for residential development Name of case: NCDOT v. Reams...

U.S. Court of Appeals 4th Circuit Case Summaries: November 7, 2005.(Saudi v. Northrop Grumman Corp. & Keppel Group Corp.)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Admiralty Seaman Injury - Foreign Corporation - Jurisdiction A seaman who was injured when a portside hose crane affixed to a vessel collapsed as it was transferring him in a basket to...

N.C. Court of Appeals Case Summaries: November 7, 2005.(North Carolina Board of Pharmacy v. Rules Review Commission)(State ex rel. Cooper v. NCCS Loans, Inc)(Montgomery v. Toastmaster, Inc)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Rules Promulgation - Statutory Authority - Labor & Employment - Pharmacists' Hours Where the Pharmacy Practice Act does not specifically grant the plaintiff the authority...

N.C. Business Court Case Summaries: November 7, 2005.(State v. Philip Morris USA Inc)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Contract Tobacco Settlement - Trust - 4th Quarter Payment - FETRA Where this court held that the defendants were not required to make the 2004 fourth-quarter payments under the tobacco...

N.C. Industrial Commission Case Summaries: November 7, 2005.(Cox v. Westvaco Corp./Mebane Packaging Group)(Lundy v. Quality Blinds & Awning)(Ceballos v. Intrepid Companies)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Causation - Secondary Injury - Fall at Home - Depression Even though, in one part of his testimony, Dr. Naveira said the plaintiff's compensable back injury could...

Verdicts & Settlements Nov. 7, 2005: Motorist with prior disc disease wins $105,000 verdict.(Brief Article)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Motor vehicle Injuries alleged: Cervical strain with myofascial pain, cervical disc protrusions, occipital headaches, facet joint dysfunction superimposed upon cervical...

Verdicts & Settlements November 7, 2005: Child injured after getting car keys recovers $575,000.(Britt g/a/l of Taylor v. Shuman)(Brief Article)
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Negligence; automobile; minor's settlement Injuries alleged: Pelvis broken in six places; fractured femur, which healed improperly and had to be rebroken and reset; leg...

Verdicts & Settlements Nov. 7, 2005: Tobacco farmers' trustee gets specific performance of $424M.
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Motion for specific performance of trust agreement Injuries alleged: Scheduled $106 million payment to trust withheld by defendants, who also demanded a refund of $318 million...

N.C. Administrative Hearings November 7, 2005.
November 7, 2005... Byline: North Carolina Lawyers Weekly Staff Insurance Health Coverage - Labor & Employment - Public Employees - Bilateral Cochlear Implants - Experimental or Investigational Exclusion Even though bilateral cochlear implants may...

Pleadings motions to be heard in litigation funding suit.
November 14, 2005... Byline: Ertel Berry, Legal Editor The fate of a class action against Legal Bucks, a Winston-Salem litigation funding company, could be determined next week when a retired Superior Court judge hears motions in the case. The lawsuit in...

Supreme Court Roundup: November 14, 2005.(Morgan v. Steiner)
November 14, 2005... Byline: Ertel Berry A petition filed Nov. 4 has asked the Supreme Court to resolve conflicting Appeals Court rulings on the kinds of expenses that may be awarded as court costs. That request came in a medmal plaintiff's petition for...

Court of Appeals panel yanks ruling on assignments of error.
November 14, 2005... Byline: Ertel Berry The Court of Appeals has withdrawn a Nov. 1 opinion that dismissed an appeal over the phrasing of the defendant's assignments of error. The decision had prompted scores of phone calls to the Appeals Court Clerk's...

Lawyer fighting bar sanction over claims on Web site, letterhead.(K. E. Krispen Culbertson)
November 14, 2005... Byline: MIchael Dayton A Greensboro lawyer who was admonished by the State Bar for claiming he'd been "published" in federal reporters has taken his case to the Court of Appeals. The dispute centers on language that K. E. Krispen...

Commentary: Office management and technology: dealing with spyware.(Column)
November 14, 2005... Byline: Jeffrey S. Krause and Joseph Ulm One of the greatest technology issues facing today's law offices is the proliferation of spyware. In almost every industry, spyware has become a real threat to employee productivity and overall...

Commentary: Does a Web site extend the territorial scope of trademark rights?
November 14, 2005... Byline: Jayne C. Hunter Traditionally, trademark rights are determined by first usage of a term on certain goods and services in a given geographical area. The first user of a mark in a given area has superior rights and can exclude other...

U.S. District Court Eastern District Case Summaries: November 14, 2005.(Smith v. Barnhart)(Ivey v. Barnhart)(Farmer v. Wilson Housing Authority)
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Social Security - SSI Benefits - Disability - Treating Physician Rule - Pro Se Claimant Where the plaintiff appeared pro se at the hearing before the administrative law...

N.C. Supreme Court Case Summaries: November 14, 2005.(Jackson v. Jackson)(Young v. Young)(Castle McCulloch, Inc. v. Freedman)(North Carolina )
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Domestic Relations Parent & Child - Parental Rights - Termination Where our Court of Appeals affirmed an order terminating the respondent's parental rights, discretionary review was...

N.C. Lawyers in the News: November 14, 2005.(North Carolina)(James D. Wall forms Wall Law Firm)(Patrick Hall joins Crumley & Associates)(Douglas W. Ey Jr. and Andy Copenhaver joins American College of Trial Lawyers)
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Judge J.C. Cole and other members of the Perquimans County Judicial Attendance council recently visited with Currituck County school administrators to talk about curbing student truancy. ...

U.S. Bankruptcy Court Case Summaries: November 14, 2005.(Natural Care Labs, Inc. v. Medline Industries)
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Banks & Banking - Promissory Notes - Interest - Default Rate Where the creditor consistently sought repayment of the debtors' loans at the non- default interest rate until the...

U.S. Court of Appeals 4th Circuit Case Summaries: November 14, 2005.
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Licenses & Permits - Emission Inspection Station - Inspection Stickers - Lock & Key Where the petitioner merely hid its inspection stickers behind a box on top of a filing...

NC Court of Appeals Unpublished Case Summaries: November 14, 2005.(Tran v. Nguyen)(Ward v. Wachovia Bank, NA)(Al-Ashmali v. Ali)
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Rule 11 - Sanctions - Pleadings - Discovery - Tort/Negligence - Domestic Relations - Alienation of Affections Where the defendant denied every allegation in the plaintiff's...

N.C. Industrial Commission Case Summaries: November 14, 2005.(Pittman v. Wal-Mart Stores Inc.)(Lawson v. Miller Brewing Co.)(Kerbs v. U.S. Airways Group Inc.)
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Causation - Ankle Injury - Subsequent Deformity - Medical Evidence Even though the plaintiff's original orthopedist did not believe the plaintiff's 2002 ankle...

N.C. Administrative Hearings Case Summaries: November 14, 2005.(Gregory v. North Carolina Department of Environment and Natural Resources, Division of Coastal Management)
November 14, 2005... Byline: North Carolina Lawyers Weekly Staff Real Property Administrative - Licenses & Permits - Boathouse - Hurricane Damage - Repair or Replacement - Percentage of Value Where highest appropriate valuation of the...

N.C. COA rules plaintiff loses medical bill presumption when defendant challenges charges.(Osetek v. Jeremiah)
November 21, 2005... Byline: Michael Dayton Even though a plaintiff's medical bills from a car wreck were presumed reasonable by statute, she was not entitled to a jury instruction to that effect, the Appeals Court ruled Nov. 15. The reason: the defendant...

N.C. COA's rules a mom's unemployment grounds to impute support income.(Roberts v. McAllister)(Court of Appeals )
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff A Buncombe County trial judge properly imputed the minimum wage as child support income to a mother who remained unemployed after remarrying, a divided Appeals Court held Nov. 15. The case is...

Mooresville attorney Robert N. Randall dies at 72.(Brief Article)(Obituary)
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff Robert N. "Bob" Randall Robert Noble "Bob" Randall, attorney of Mooresville, died Sept. 26, Lawyers Weekly has learned. He was 72 years of age. Born in Tennessee, he graduated from high...

N.C. COA rules fax to doctor violated comp ban on ex parte contacts.(Court of Appeals)
November 21, 2005... Byline: Ertel Berry A letter faxed from an employer's attorney to a comp claimant's doctor violated a ban on ex parte contacts even though the plaintiff's lawyer was copied when the fax was sent, the Appeals Court held Nov. 15. The...

N.C. Court of Appeals rules criminal consultation disqualified firm in related civil case.
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff A Nov. 15 Appeals Court opinion shows that a free consultation with a lawyer on a criminal matter may disqualify his firm from handling a related civil case even after the lawyer leaves the firm....

Verdicts & Settlements(November 21, 2005): Recovery of $3M on claims of delayed bactremia diagnosis.(medical malpractice)(Brief Article)
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Permanent neurological and physical impairment Name of case: Confidential Court/county: Confidential Case no.: Confidential...

N.C. Lawyers In The News: November 21, 2005.(North Carolina)(Beverly C. Eckard joins Booth Harrington and Johns)(Jon W. Welborn opens his own law firm)(Hackney High and William Crowe forms High & Crowe firm )
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff Beverly C. Eckard has joined the Greensboro elder law firm of Booth Harrington and Johns, LLP as an associate. She received her law degree and master of business administration from Campbell...

U.S. Court of Appeals 4th Circuit Case Summaries: November 21, 2005.(Child Sexual Exploitation, Sex discrimination)
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Child Sexual Exploitation - Pornography - Intrastate Activity A former police chief who took nude photographs of a minor whom he befriended through a departmental junior...

N.C. Court of Appeals Case Summaries: November 21, 2005.
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff Attorneys Disqualification - Former Firm Member - Criminal Matter - Subsequent Malicious Prosecution Claim Even though the attorney with whom the plaintiff consulted is no longer a...

N.C. Industrial Commission Case Summaries: November 21, 2005.(Garner v. American Airlines Corp., North Carolina )(Brief Article)
November 21, 2005... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Facial Injury - Disfigurement - Permanent Injury Where the plaintiff has sustained serious facial disfigurement and permanent injury as a result of being struck in...

N.C. Central Univ. law professor boosting tax grad degrees.(Walter Nunnallee, North Carolina Central University )
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff North Carolina Central University law school professor and attorney Walter Nunnallee has been successful in increasing the number of students obtaining graduate law degrees in taxation (LL.M.)....

Fishermen, environmentalists oppose sonar range off NC Ccast.
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Planned sonar exercises at a proposed anti-submarine warfare training range might hurt fishermen's livelihoods, opponents of the range said at a public hearing. No one in the crowd of about...

National Environmental Policy Act task force wraps up its work.(National Environmental Policy Act of 1969)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff A House task force considering changes to a landmark environmental law will not make recommendation until next month, but environmentalists are already fretting that the panel will seek to weaken...

EPA chief: New fuel economy tests needed by 2008 model year.(Environmental Protection Administration, Steve Johnson )
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff The head of the U.S. Environmental Protection Administration said Nov. 18 he plans to propose new regulations for testing vehicle fuel economy by the end of this year and wants the new tests in...

U.S. Court of Appeals 4th Circuit Case Summaries: November 28, 2005.(Wilson v. Flynn)(re: Richard Edward Cabey)(Taylor v. Federal Express Corp.)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Excessive Force - Arrest - Qualified Immunity Where police accompanied a woman to her home after her stepdaughter told the woman her husband "was drunk and tearing up the...

U.S. District Court Middle District Case Summaries: November 28, 2005.(McPhatter v. Sweitzer)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Jurisdiction - Second Removal - Untimely - Preemption - SLUSA Where the information from the deposition that forms the basis of the defendants' second removal was...

NC Court of Appeals Unpublished Case Summaries: November 28, 2005.(Pake v. Fry)(Ridge v. Faulkner)(Maness v. Westfalia-Surge Inc.)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Arbitration Customer Agreement - Investment - Incompetent's Guardians - Equitable Estoppel Where the plaintiff-guardians seek to enforce their underlying customer agreement with the...

N.C. Industrial Comm. Case Summaries: November 28, 2005.(Price v. Quality Hardwood Frames)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Constitutional - Due Process - Evidence - Lay Witnesses - Back Injury - Pre- Existing Condition Even though it would have been the better practice for the deputy...

Wanted: Verdicts and settlements over $1.5M.
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff The next Lawyers Weekly Top 25 Large Verdict and Settlement list will be published on Jan. 16, 2006. If you've obtained a verdict or settlement of $1.5 million or more since Jan. 1, 2005, please...

Commission Panel splits over claims of deputy bias.
November 28, 2005... Byline: Ertel Berry A divided Industrial Commission panel has rejected an employer's claim that its due process rights were violated by a deputy who allegedly "made up his mind" in favor of the plaintiff before all the evidence was heard....

Brokerage firm hit with fees for second removal motion.
November 28, 2005... Byline: Ertel Berry A brokerage firm's second unsuccessful attempt to remove a class action from state court entitled the plaintiffs to an award of attorney's fees and costs, a federal judge has ruled. U.S. Middle District Judge Frank...

Judge Gore announces plans to run for N.C. Supreme Court.(William C. "Bill" Gore Jr.)(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff William C. "Bill" Gore Jr., Senior Resident Superior Court Judge for the Thirteenth Judicial District, including Brunswick, Bladen, and Columbus counties, has announced that he will run for the...

Lesesne & Connette and Essex Richards, P.A. join forces.(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Lesesne & Connette and Essex Richards, P.A. has announced they have merged. The combined firm retains the Essex Richards, P.A. name and shares offices in Charlotte's historic SouthEnd, at 1701...

Mark W. Merritt elected as State Bar councilor.(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff The Mecklenburg County Bar has elected Mark W. Merritt to serve as a State Bar councilor for a three-year term. The State Bar is governed by a council composed of 55 attorneys who are elected...

Stacey Taylor Kern Joins Nexsen Pruet as associate in Charlotte office.(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Stacey Taylor Kern has joined Nexsen Pruet Adams Kleemeier, PLLC as an associate in the firm's Charlotte office, where she will practice in the business and consumer litigation group. Kern...

Secretary of State Elaine F. Marshall honored, elected VP Of E-Government board.(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Secretary of State Elaine F. Marshall was elected vice president of the Board of the National Electronic Commerce Coordinating Council at the organization's annual conference. She was also honored...

Mecklenburg County Bar hosts annual Judiciary Recognition Dinner.
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff The Mecklenburg County Bar rolled out the red carpet for its trial court judges Nov. 17 at the annual Judiciary Recognition Dinner. The event was held in Founders Hall on North Tryon Street...

NC Central University School of Law hosting conference on crime.
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff The North Carolina Central University School of Law will conduct a two-day crime and the minority community conference titled "An Examination of Causes and Consequences: A Search for Solutions" on...

Daniel H. Pollitt to receive honor for death penalty work.(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff University of North Carolina Law Professor Emeritus Daniel H. Pollitt will be honored by People of Faith Against the Death Penalty for his decades of work to end the death penalty, says a PFADP...

Smith Moore women attorneys organize women's business conference.("Women in Law for Women in Business")(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Women attorneys from Smith Moore's Greensboro & Raleigh offices will hold a day-long conference for women business owners and operators focusing on a wide variety of legal issues. The "Women...

Michigan Lawyers in the News: November 28, 2005.(Brooks, Pierce, McLendon, Humphrey and Leonard)(Brief Article)
November 28, 2005... Byline: North Carolina Lawyers Weekly Staff Elizabeth E. Spainhour has joined Brooks, Pierce, McLendon, Humphrey & Leonard's Raleigh office in the firm's media and communications practice. A UNC law graduate and member of the Federal...