North Carolina Lawyers Weekly articles from November 2007

North Carolina Lawyers Weekly archives from November 2007

Commentary: Ruling means contractor notified of lien faces risk of paying subcontractor twice.
November 5, 2007... Byline: Donalt J. Eglinton The North Carolina Supreme Court recently issued an opinion in an important case involving construction liens. The opinion in O&M Industries v. Smith Engineering Co. has raised many eyebrows because it...

North Carolina Lawyers in the News: November 5, 2007.
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff District Court Judge Douglas "Doug" Bryon Sasser Sr. has been appointed to the Superior Court in District 13A (Bladen and Columbus counties), taking the seat vacated by the retirement of Senior...

N.C. Supreme Court to hear oral arguments on restaurant's liability.(North Carolina Supreme Court)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff The state Supreme Court will soon decide whether a restaurant can be held liable for failing to stop an intoxicated customer from getting behind the wheel and endangering other drivers. The...

South Carolina lawyers discuss admiralty and maritime law.
November 5, 2007... Byline: Guy Loranger Geoffrey A. Losee jokingly claims his mother was a mermaid; his father, King Neptune. "I was born on the crest of a wave and rocked in the cradle of the deep," the Wilmington lawyer said, reciting the chant he...

U.S. District Court says company not liable for heart balm claims.(United States District Court)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Even if a company knew of its manufacturing supervisor's relationship with an employee, that did not mean it ratified his conduct or exposed the company to vicarious liability for alienation of...

North Carolina lawyer honored for conservation work with Natural Heritage Trust.
November 5, 2007... Byline: Fred Horlbeck If you've ever hiked unspoiled lands protected by the efforts of the N.C. Natural Heritage Trust Fund, you have experienced firsthand what Dewey Wells is all about. The 78-year-old lawyer and naturalist has made...

N.C. district ruling highlights Fourth Circuit's questions over well-pleaded complaint rule.(North Carolina District Court for the Western District, United States Court of Appeals for the 4th Circuit)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Caught in a split of authority and waiting for Fourth Circuit guidance that never came, a federal judge remanded a diversity action to a state court because the defendant didn't file a...

North Carolina Legal Obituaries: November 5, 2007.(Obituary)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Judge Richard B. Allsbrook Judge Richard Brown Allsbrook of Roanoke Rapids died Oct. 26. He was 78 years of age. A graduate of Roanoke Rapids High School, he received both his...

N.C. Business Court Case Summaries: November 5, 2007.(North Carolina Business Court)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Contract Breach - Liquidated Damages - Asset Sale - Outside Audit - Delaware Law Avesair, Inc. v. InPhonic, Inc. (Lawyers Weekly No. 07-15-1238, 14 pp.) (Ben Tennille, J.) N.C. Bus. Ct....

U.S. Court of Appeals 4th Circuit Case Summaries: November 5, 2007.(United States Court of Appeals for the 4th Circuit)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Banks & Banking Loan Fraud - Mortgage Securitization FDIC v. Bakkebo. (Lawyers Weekly No. 07-01-1245, 18 pp.) (King, J.) No. 05-2175, Oct. 25, 2007; USDC at Bluefield, W.Va. (Faber, J.)...

U.S. District Court Western District Case Summaries: November 5, 2007.(United States District Court for North Carolina Western District)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Res Judicata - Real Property - State Court Foreclosure Clark v. USDA-RHS. (Lawyers Weekly No. 07-04-1242, 16 pp.) (Martin Reidinger, J. - Order) W.D.N.C. Where the...

Verdicts & Settlements November 5, 2007: Parties settle for $1.1M after accident on mountain road.(Brief article)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful death (motor vehicle accident) Special damages: Funeral expenses, loss of society and companionship Name of case: Confidential Case number: Confidential ...

Verdicts & Settlements November 5, 2007: Settlement of almost $90K reached after dog attack.(Brief article)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury (dog attack) Injuries alleged: Facial scar and disfigurement Name of case: Peterson vs. Sloop Court: New Hanover Superior Court Case number: 05...

Verdicts & Settlements November 5, 2007: Jury awards $1.2M for trip and fall on store's pallet.(Brief article)
November 5, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury Injuries alleged: Fractured left radial (head) Name of case: Corbett v. Wal-Mart Stores East, LP Court: Wilson County Superior Court Case number:...

Verdicts & Settlements November 12, 2007: Structured settlement addresses both of victim's jobs.
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff The plaintiff was traveling south in her car at approximately 45 miles per hour on a main roadway in Winston-Salem. It was a four-lane road with an additional turn lane in the middle. At the...

Marcus Hickman honored by N.C. Bar Association with Justice Fund.
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff The late Marcus Hickman, a founding partner of Kennedy Covington, has been honored with a Justice Fund in his name at the N.C. Bar Center in Cary in ceremonies attended by more than 100 of the...

North Carolina Business Court says non-compete could not be assigned twice.
November 12, 2007... Byline: Fred Horlbeck An office supply distributor's lawsuit against a former employee who was selling for a rival was dismissed because the sales rep's non-competition covenant had been assigned twice -- one too many times to bind the...

North Carolina Court of Appeals says no new trial for dealership in lemon-car case.
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff A $250,000 punitive damages award -- roughly 130 times the actuals -- will stand in a fraud claim over misrepresentations made in the sale of a used car, the Court of Appeals has ruled. The...

North Carolina Court of Appeals says workers' comp covered one breast implant, not both.(workers compensation)
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff A woman who had her breast implants replaced after an auto accident was entitled to workers' compensation only for the one that ruptured in the collision, even though the state Industrial...

North Carolina Court of Appeals kicks out two cases for violations of appellate rules.
November 12, 2007... Byline: Guy Loranger The Court of Appeals addressed appellate rule violations in three decisions published Nov. 6, dismissing two civil cases while allowing review in a criminal case. Judge John M. Tyson wrote both dismissals: Selwyn...

North Carolina Legal Obituaries: November 12, 2007.(Obituary)(Brief article)
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff Robert B. Wilson Jr. Robert Bruce Wilson Jr. of Winston-Salem, 85, died Nov. 2. A Samson County native, he served in the U.S. Army Medical Corp in World War II and graduated from Wake...

N.C. Business Court Case Summaries: November 12, 2007.(North Carolina Business Courts)
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Covenant Not to Compete - Corporate - Asset Purchase - First Impression - Bankruptcy Better Business Forms & Products v. Craver. (Lawyers Weekly No. 07-15-1251, 14...

U.S. Court of Appeals 4th Circuit Case Summaries: November 12, 2007.(United States Court of Appeals for the 4th Circuit)
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Medicare Payments - Motorized Wheelchairs - Medical Documentation MacKenzie Medical Supply Inc. v. Leavitt. (Lawyers Weekly No. 07-01-1303, 14 pp.) (Hamilton, J.) No....

U.S. District Court Eastern District Case Summaries: November 12, 2007.(United States District Court for the Eastern District of North Carolina)
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff Insurance CGL - Occurrence - Personal Injury - E. Coli Exposure - State Fair - Petting Zoo Western World Insurance Co. v. Wilkie. (Lawyers Weekly No. 07-02-1252, 13 pp.) (Malcolm J....

U.S. District Court Western District Case Summaries: November 12, 2007.(United States District Court for the Western District of North Carolina)
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Misrepresentation - Airline Tickets - Overloaded Plane - Breach of Contract - Defamation Showell v. US Airways, Inc. (Lawyers Weekly No. 07-04-1254, 27 pp.) (Martin...

Verdicts & Settlements November 12, 2007: Jury finds tavern liable for negligence in beating.
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff A Wake County Superior Court judge has been asked to toss out a verdict in a case in which a Cary tavern was found liable for a man's beating outside of its premises. On Aug. 10, a jury found...

Verdicts & Settlements November 12, 2007: Settlement reached after collision with parked trailer.
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff On Oct. 19, 2003, the plaintiff was a passenger in her own vehicle, which was traveling on a city street in Raleigh. The plaintiff's vehicle struck an unattached trailer, which was parked on...

Commentary: How to plan for charitable gifts at year's end.
November 12, 2007... Byline: Kristen Brown Smalley In addition to the many lists we all have at this time of year -- gifts, food, events -- there's another list that many of us have: the list of important financial items to complete by December 31. You and...

Commentary: Leaving party politics at the courthouse steps.
November 12, 2007... Byline: Chris Heagarty Former U.S. Supreme Court Justice Sandra Day O'Connor recently hosted a national symposium at Georgetown University to discuss problems in state judicial elections. "In too many states, judicial elections are...

North Carolina Lawyers in the News: November 12, 2007.
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff Mason Alexander, managing partner of the Charlotte office of Fisher & Phillips, has been elected president of the Gaston County Personnel Association, which provides education and support to the...

N.C. Court of Appeals Case Summaries: November 12, 2007.(North Carolina)
November 12, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Hospice - Branch Office - Different County - Certificate of Need Hospice & Palliative Care Charlotte Region v. N.C. Department of Health & Human Services. (Lawyers Weekly...

Commentary: My courtroom debut.
November 19, 2007... Byline: Victoria Bender When I was in law school at Hastings in San Francisco, times were exciting. The protests against the Vietnam war had stopped, to be replaced for a time by the rage and anger of Black Panthers. This, too, passed,...

North Carolina Lawyers in the News: November 19, 2007.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Denise Smith Cline, a partner in Smith Moore's Raleigh office, was a presenter at the Advanced Learning Institute's third annual national social media summit in New York. Cline offered legal...

17A Judicial District Bar meets in Reidsville.(Brief article)
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff The 17A Judicial District Bar met in Reidsville to hold a professionalism program entitled "Professionalism in Practice: A Local Perspective." The meeting was sponsored by the Chief Justice's...

N.C. Railroad president clarifies AP story.(Scott M. Saylor of North Carolina Railroad Company explains Associated Press article)
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff To the Editor: The Oct. 1, 2007, edition of North Carolina Lawyers Weekly carried an Associated Press version of a story which appeared in The Charlotte Observer regarding the 317 -mile North...

Not according to plan.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Gentlemen: Thanks for publishing (and editing) my recent article. In passing, I was successful in my race for mayor of Waynesville. Amazingly, at the advanced age of 60, I am now a...

North Carolina Central University Law marches to head of the class.(rankings of law schools)
November 19, 2007... Byline: Guy Loranger When it comes to value, law students are looking for a school that will help them pass the bar exam, get a job and avoid piling up a mountain of debt along the way. According to a nationally circulated magazine,...

N.C. Court of Appeals says fringe benefits could be wages for air worker under new test.
November 19, 2007... Byline: Fred Horlbeck A baggage handler for U.S. Airways gets a second shot at convincing the N.C. Industrial Commission to include fringe benefits in the calculation of his comp award because the state Court of Appeals said the commission...

What's in a ranking? North Carolina State Bar mulls limits on 'best lawyer' ads.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Anyone whose name has appeared on some publication's list of "best" or "elite" or "super" lawyers has probably wondered how much is too much when it comes to advertising his or her status as an...

Legal secretaries enter new era as work evolves beyond tradition.
November 19, 2007... Byline: Caryn Tamber Dolan Media Newswires ST. LOUIS, Mo. — The era of the legal secretary who deciphers handwritten drafts of pleadings, takes dictation and keeps her boss's calendar is drawing to a close. Between the advent of...

North Carolina Supreme Court to review ruling on physician expert's qualifications.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff The state Supreme Court will decide whether a physician expert in a medical malpractice action was qualified to testify on the standard of care in a Goldsboro hospital, even though his only...

N.C. Court of Appeals Case Summaries: November 19, 2007.(Brief article)
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Second- Degree Murder - Fleeing to Elude Arrest - Evidence - Malice - Prior DWI - Limiting Jury Instruction State v. Lloyd. (Lawyers Weekly No. 07-07-1299, 8 pp.) (Rick...

N.C. Supreme Court Case Summaries: November 19, 2007.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Standard of Review - Agency Action - De Novo - Agency Expertise Rainey v. North Carolina Department of Public Instruction. (Lawyers Weekly No. 07-06-1305, 4 pp.) (PER...

NC Court of Appeals Unpublished Case Summaries: November 19, 2007.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Hospice - Branch Office - CON Required Hospice at Greensboro, Inc. v. North Carolina Department of Health & Human Services. (Lawyers Weekly No. 07-16-1321, 8 pp.) (Donna S....

U.S. Court of Appeals 4th Circuit Case Summaries: November 19, 2007.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Search & Seizure - Warrantless Arrest - Gang Crackdown - Fingerprint Evidence U.S. v. Oscar-Torres. (Lawyers Weekly No. 07-01-1319, 12 pp.) (Motz, J.) No. 06-5074, Nov....

Verdicts & Settlements November 19, 2007: Plaintiff recovers $750,000 for sexual assault claim.(Brief article)
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury -- negligence -- Tort Claims Act Injuries alleged: Physical pain and mental anguish Case name: Johnson v. N.C. Department of Correction Case number:...

Verdicts & Settlements November 19, 2007: Injured HVAC worker collects $1.48 million settlement.
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury Injuries alleged: Traumatic amputation of right leg; massive scarring and ulceration on left leg Case name: N/A Court: None (pre-suit settlement...

North Carolina Supreme Court says comp laws shielded LLC member-manager.(compensation law protects the limited liability company)
November 19, 2007... Byline: North Carolina Lawyers Weekly Staff The member-manager of a limited liability company could not be sued for negligence by an injured LLC employee because it was shielded from liability by the state's workers' compensation laws, the...

Commentary: How to guard intellectual property against infringement from goods in import trade.
November 26, 2007... Byline: E. Eric Mills The United States court system provides mechanisms for intellectual property owners to enforce their rights against domestic infringing parties through civil court proceedings. Questions often arise, however, as to...

Commentary: What constitutes secure funds for your clients in a 1031 exchange?(Like-kind exchanges)
November 26, 2007... Byline: Stephen A. Wayner and Patrick N. Dillon For attorneys whose clients invest in properties, safety of funds is a fundamental aspect of a 1031 exchange strategy. "Will my client's funds be secure?" is the most important question to...

North Carolina Lawyers in the News: November 26, 2007.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Rob Griffin and Beth Fleishman of Cranfill Sumner & Hartzog's Raleigh office have recently notched professional accomplishments. Griffin was accepted for membership in the Trucking Industry...

Halo screw mishap wins $10.4 million award for Ashe County boy and mother.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff A Forsyth County jury has awarded an Ashe County boy and his mother $10.4 million for injuries the boy suffered at a Winston-Salem hospital in 2003. The boy was 11 when he was taken to the...

Together at last, Administrative Office of the Courts opens shop in Raleigh.
November 26, 2007... Byline: Guy Loranger After years of being scattered around the Raleigh area, the Administrative Office of the Courts is finally under one roof -- with room to grow. The AOC recently moved into a renovated 180,000-square-foot building...

North Carolina State Bar ethics panel pulls proposal after criticism.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff The State Bar ethics committee has withdrawn and revised a proposed ethics opinion that addressed the role of lawyers in school disciplinary matters after the opinion received heavy criticism from...

N.C. Administrative Hearings Case Summaries: November 26, 2007.(Brief article)
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Insurance Health Coverage - Dependent Beneficiary - Marital Status - Estoppel Adler v. North Carolina Teachers' & State Employees' Comprehensive Major Medical Plan. (Lawyers Weekly No....

N.C. Court of Appeals Case Summaries: November 26, 2007.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Contested Case - Representative - Corporate - Attorneys Allied Environmental Services, PLLC v. North Carolina Department of Environmental & Natural Resources. (Lawyers...

NC Court of Appeals Unpublished Case Summaries: November 26, 2007.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Appeals - Dismissal - De Novo Review - DWI State v. Leskiw. (Lawyers Weekly No. 07-16-1334, 10 pp.) (Ann Marie Calabria, J.) Appealed from Pitt County Superior Court....

U.S. Court of Appeals 4th Circuit Case Summaries: November 26, 2007.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Felon in Possession - ACCA - Violent Felony' U.S. v. Williams. (Lawyers Weekly No. 07-01-1357, 10 pp.) (Williams, J. No. 06-4124, Nov. 15, 2007; USDC at Rock Hill, S.C....

U.S. District Court Eastern District Case Summaries: November 26, 2007.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Pleadings - Motion to Amend - Scheduling Order - Class Action - Expert Witness Farrar & Farrar Dairy, Inc. v. Miller-St. Nazianz, Inc. (Lawyers Weekly No. 07-02-1339, 10...

U.S. District Court Middle District Case Summaries: November 26, 2007.(Brief article)
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Standing - Case or Controversy - Litigation Threat - Arbitration - Attorneys ArbitrationChampions.com v. Councilors of the North Carolina State Bar. (Lawyers Weekly No....

U.S. District Court Western District Case Summaries: November 26, 2007.
November 26, 2007... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Unfair Trade Practices - Corporate - Disputed Control - Stock Validity Anderson v. Dobson. (Lawyers Weekly No. 07-04-1336, 9 pp.) (Lacy H. Thornburg, J. - Memorandum &...