North Carolina Lawyers Weekly articles from October 2004

North Carolina Lawyers Weekly archives from October 2004

N.C. Court of Appeals rules co-worker ridicule is grounds for emotional distress trial.
October 4, 2004... Byline: Michael Dayton A former Durham body shop employee who said excessive ridicule and teasing by co-workers landed him in the hospital can go to trial for intentional infliction of emotional distress, the Court of Appeals has ruled in...

Severe sanctions by N.C. State Bar in legal misconduct case causes profession and public criticism.
October 4, 2004... Byline: Michael Dayton Two former assistant AGs who failed to turn over court-ordered documents before a 1998 murder trial have been reprimanded by the State Bar, stirring heated debate within the profession and sharp criticism from the...

Attorneys should check for conflicts of interest before consulting experts.
October 4, 2004... Byline: Ertel Berry Attorneys thinking of consulting an expert on their case should heed this tip from a U.S. Eastern District opinion: Make sure up front the expert hasn't already talked to the other side -- and to guard against faulty...

N.C. Fourth Circuit Court rules securities brokerage firm must arbitrate investor claims.
October 4, 2004... Byline: Ertel Berry Even though a brokerage firm didn't authorize or know about a broker's outside business deals, the investors he allegedly defrauded could still take the firm to arbitration, the Fourth Circuit has held. The...

N.C. Court of Appeals reinstates investor's vicarious liability claim.
October 11, 2004... Byline: Ertel Berry It's difficult to hold an employer vicariously liable for an employee's intentional tort under North Carolina law -- but an Oct. 5 Appeals Court case involving a son's alleged fraud on his father shows it's not...

N.C. jury finds the state Department of Transportation negligent in I-40 accident.
October 11, 2004... Byline: Ertel Berry A motorist injured in an I-40 chain collision after traffic backed up near Enka has won a negligence verdict against the state Department of Transportation. The award for Jeannette McLendon, who suffered severe...

N.C. Court of Appeals rules arbitration agreement didn't bar treble damages.
October 11, 2004... Byline: Ertel Berry An arbitration panel could award treble damages under Chapter 75 to a Burlington-based cellphone dealer -- even though the arbitration agreement barred remedies "not measured by the prevailing party's actual damages,"...

N.C. Court of Appeals rules police officers not liable for 'moving roadblock' death.
October 11, 2004... Byline: Ertel Berry The widow of an Iredell County driver killed in a head-on wreck after an I-40 police chase went wrong cannot hold the pursuing officers liable, the Appeals Court ruled Oct. 5. The 2-1 opinion continues a string of...

Commentary: trade secrets - the other intellectual property.
October 11, 2004... Byline: Press Millen and Todd Sullivan When it starts, it's usually with a bang. Key executives from an important company division resign en masse and open a competing business in the same city. Three salesmen with intimate knowledge of...

N.C. jury finds the state's Department of Transportation negligent in I-40 accident.
October 11, 2004... Byline: Ertel Berry A motorist injured in an I-40 chain collision after traffic backed up near Enka has won a negligence verdict against the state De-partment of Transportation. The award for Jeannette McLendon, who suffered severe...

N.C. Court of Appeals dismisses custody claim by mom's lover.
October 18, 2004... Byline: Ertel Berry Even though a Randolph County dad left his out-of-wedlock daughter -- then let her live for three years with her mom's lesbian lover -- he still retained his parental rights, the Appeals Court has held. The...

N.C. State Bar schedules two hearings on prosecutorial misconduct controversy.
October 18, 2004... Byline: Michael Dayton Reacting to negative press and critical letters, the Bar will hold two hearings this week to review its handling of a prosecutorial misconduct case. On Wednesday, the Bar's governing body will hold an open...

N.C. Supreme Court rules separation agreement support may trump statutory guidelines.
October 18, 2004... Byline: Ertel Berry A family law judge could not use statutory guidelines to set a Guilford dad's initial child support obligation without first finding the amount paid under a separation agreement was insufficient, the Supreme Court has...

N.C. Supreme Court rules Housing Authority can raise immunity defense.
October 18, 2004... Byline: Ertel Berry Even though the Raleigh Housing Authority's enabling statute said it could "sue and be sued," that didn't waive governmental immunity against a tenant's claims for injuries from lead-based paint, the Supreme Court has...

U.S. Middle District judge rules N.C. summons time limit not applied in diversity action.
October 25, 2004... Byline: Ertel Berry Although North Carolina's three-year statute on negligence actions applied to a shopper's injury suit in federal court, the state's five-day limit for issuing summons did not, a U.S. Middle District judge has ruled. ...

N.C. Court of Appeals rejects opinion on workers' comp injury's 'likely' cause.
October 25, 2004... Byline: Ertel Berry A doctor's opinion that a Wal-Mart employee's foot pain was "likely" tied to back trauma after a fall at work didn't show a link between the back injury and the job accident, the Appeals Court held Oct. 19. The 2-1...

Scotland County jurors in N.C. award $7.5M on asbestos claim.
October 25, 2004... Byline: Ertel Berry A Scotland County jury has awarded $7.5 million to a railroad employee who claimed he contracted a fatal lung disease from workplace exposure to asbestos. The retired plaintiff, who was diagnosed with malignant...

New Fair Labor Standards Act regulations.
October 25, 2004... Byline: L. Diane Tindall On August 23, the U.S. Department of Labor's new Regulations updating the Fair Labor Standards Act white collar overtime exemptions went into effect. Although no one disputed that the old regulations were seriously...

N.C. Court of Appeals rules malpractice claim viable after attorney exited case.
October 25, 2004... Byline: Michael Dayton A personal injury lawyer who discharged her client before a limitations period ran on an auto accident case -- and even told her to seek other counsel -- may be still be liable for legal malpractice under an Oct. 19...

N.C. State Bar explains and defends handling of a prosecutorial misconduct case.
October 25, 2004... Byline: Michael Dayton The State Bar last week explained its handling of a prosecutorial misconduct case -- leaving some satisfied the right result had been reached and others calling for a fuller investigation of what went wrong. The...