North Carolina Lawyers Weekly articles from October 2005

North Carolina Lawyers Weekly archives from October 2005

N.C. Court of Appeals Rehearing: Rule 11 applies only to trial, not appellate costs.(Hill v. Hill)
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff A Henderson County trial judge couldn't impose sanctions for a plaintiff's appeal in an estate dispute, even if the underlying case lacked merit, the Appeals Court has ruled in an unpublished...

N.C. Court of Appeals rules car wash company's non-compete unenforceable.(Carolina Pride Carwash, Inc. v. Kendrick)
October 3, 2005... Byline: Michael Dayton An employee's non-compete agreement that prevented him from working at car wash companies in three states including a portion of Virginia where his employer did not do business was overly broad and unenforceable,...

N.C. Court of Appeals rules boating accident plaintiff may introduce portion of defendant's depositi.(Godwin v. Barnes )
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff A plaintiff who was injured in a Drum Inlet boating accident could read selected portions of the defendant's deposition into evidence, the Court of Appeals has ruled in an unpublished decision....

Greensboro Bar Assn. launching Hurricane Katrina pro Bono effort.
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff The Greensboro Bar Association is undertaking an effort to provide pro bono legal services to persons displaced from Hurricane Katrina. Local relief agencies have estimated between 500 and...

N.C. Lawyers in the News: October 3, 2005.(Vicki F. Goldstein's personal assistance to victims of Hurricane Katrina, Donald R. Pocock joined Nelson Mullins Riley & Scarborough, Marc R. Tyrey joined McAllister firm )
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Vicki F. Goldstein, a registered nurse and attorney in a Winston-Salem solo practice, took two weeks away from her legal career to render personal assistance to victims of Hurricane Katrina in...

N.C. Lawyers in the News: October 3, 2005.(Brian Brown joined Parker, Poe, Adams and Bernstein, Brett Hanna joined Kennedy Covington Lobdell and Hickman L.L.P., Kilpatrick Stockton L.L.P.'s Debbie Segal awarded)
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Brian Brown has joined the Raleigh office of Parker Poe Adams & Bernstein as a partner in the tax group, where he concentrates in corporate law, taxation and estate planning. Brett Hanna has...

U.S. Court of Appeals 4th Circuit Case Summaries: October 3, 2005.(Graham County Soil & Water Cons. Dist. v. U.S., U.S. v. Scott)
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Contract Government Contract - False Claims Act - Retaliation Claim - Limitations This case comes to us on remand from the U.S. Supreme Court. In an earlier decision, this court held...

U.S. District Court Eastern District Case Summaries: October 3, 2005k.(Askew v. Skinner, Kit-Kat Cafe, Inc. v. Tippett)
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Jurisdiction - Diversity - Amount in Controversy - Tort/Negligence - Personal Injury Even though the plaintiff has only specified $11,000 in damages, since she...

U.S. Bankruptcy Court Case Summaries: October 3, 2005.(Pitts v. Graybar Electric Co.)
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Real Property - Construction Contract - Supplier - Owner's Payment Where the debtor-general contractor declared bankruptcy without paying the defendant-supplier, the project...

NC Court of Appeals Unpublished Case Summaries: October 3, 2005.(Cline v. Black, Godwin v. Barnes, Cooter & Gell v. Hartmarx Corp.)
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Attorneys Tort/Negligence - Legal Malpractice - Attorney- Client Relationship - Pro Se Appeal Where the plaintiff appealed pro se, there was no longer an attorney-client relationship...

N.C. Business Court Case Summaries: October 3, 2005.(Branch Banking & Trust Co. v. Lighthouse Financial Corp)
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Banks & Banking Corporate Accounts - Contract - Tort/Negligence - Civil Practice - Statute of Limitations Where the parties' banking agreement included a clause requiring the defendant...

N.C. Industrial Comm. Case Summaries: October 3, 2005.(Estate of Quesenberry v. Big Creek Underground, Phelps v. Standard Engine Parts, Inc., Smith v. Mortex Corp. )
October 3, 2005... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Causation - Leg Injury - Rehabilitation - Psychiatric Conditions - Pre- Existing Hypertension - Aggravation Where the defendants enrolled the decedent-employee in...

N.C. Appeals Court rules couple's mutual wills didn't create contract.(North Carolina )
October 10, 2005... Byline: Ertel Berry A Lincoln County stepmother could cut her three stepchildren out of their dead father's estate leaving the couple's property to her own son even though she and the deceased dad had signed mutual wills giving equal...

N.C. Appeals Court upholds DWI for dental patient on pain pills.(North Carolina, driving while impaired)
October 10, 2005... Byline: North Carolina Lawyers Weekly Staff A Craven County motorist who swerved off the road after a dental appointment was properly convicted of driving while impaired even though there was no evidence he was told the pain medicine he...

N.C. Appeals Courts split on awarding deposition expenses as costs.(North Carolina)
October 10, 2005... Byline: Ertel Berry An Oct. 4 Appeals Court opinion says that a winning party's deposition expenses may be included in a trial judge's award of court costs but another opinion handed down the same day says exactly the opposite. The...

Update: N.C. Appeals Court has decided to publish its sanctions case.(North Carolina)(Brief Article)
October 10, 2005... Byline: Ertel Berry In a change of course, the Appeals Court has decided to publish its Sept. 20 holding in Hill v. Hill (North Carolina Lawyers Weekly No. 05-16-1180, 18 pages). That case, originally issued under Rule 30(e), held that...

Commentary: Court Costs: Three conflicting lines of authority.
October 10, 2005... Byline: North Carolina Lawyers Weekly Staff The crux of the dispute over what expenses may be allowed as court costs is the interpretation of Chapter 6 of the General Statutes, which sets out numerous actions in which costs may be awarded....

N.C. Lawyers in the News: October 10, 2005.(North Carolina)(Richard L. Huffman opens his own office)(Retired District Attorney Don Greene has been honored)(DiLeone & Associates changes its location)
October 10, 2005... Byline: North Carolina Lawyers Weekly Staff Richard L. Huffman has opened his own office in Salisbury, where he will concentrate on workers' compensation, including asbestosis and other occupational diseases, Social Security disability,...

U.S. Court of Appeals 4th Circuit Case Summaries: October 10, 2005.
October 10, 2005... Byline: North Carolina Lawyers Weekly Staff Contract Mortgage Insurance - Arbitration - FCRA - Equitable Estoppel A mortgage insurance company that is a nonsignatory to the arbitration agreement between the home buyers and the...

U.S. Bankruptcy Court Case Summaries: October 10, 2005.(Anderson v. Brokers, Inc)(Mosko v. American Education Services)(Hinson v. Stempien )
October 10, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Commercial - Common Law Consignment - Commingled Proceeds - Lowest Intermediate Balance Even though Mercer's Marine, Inc. deposited the proceeds from the sale of the...

N.C. Court of Appeals Case Summaries: October 10, 2005.(North Carolina)
October 10, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Rule 11 Sanctions - Attorney's Fees & Costs - Appeals - First Impression Where the N.C. Rules of Civil Procedure only "govern the procedure in the superior and district...

NC Office of Administrative Hearings Case Summaries: October 10, 2005.(North Carolina )
October 10, 2005... Byline: North Carolina Lawyers Weekly Staff Even though the petitioner-attorney maintained a practice separate from his work as city attorney for Goldsboro, since he could quit at any time, the city could fire him at any time, and he worked...

N.C. Supreme Court denies disability presumption for workers' compensation claimant.
October 17, 2005... Byline: Ertel Berry Even though Wal-Mart paid an employee temporary benefits after a back injury and stipulated before a hearing that the injury was "compensable" that didn't create a presumption that she had a "disability" to support...

N.C Supreme Court dismiss appeal over limited driving statute.
October 17, 2005... Byline: Ertel Berry The Supreme Court has vacated a decision striking down a statute that says the Division of Motor Vehicles can reject some court orders giving limited driving privileges to motorists convicted of drunk driving. ...

Settlement reached in dispute over ownership historic Gudger House in Asheville.
October 17, 2005... Byline: Michael Dayton Pisgah Legal Services has reached a settlement with Legal Service Corporation, putting an end to a dispute over the ownership of the historic Gudger House in Asheville. The $39,500 settlement, reached last month,...

N.C. Court of Appeals rules Iredell employee not liable for trade secret violations or fiduciary bre.(Bruning & Federle Manufacturing Co. v. Mills)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff An Iredell company official who prepared a bid on a dust removal project then quit and immediately helped a competitor win a contract on the same job was not liable for trade secret violations...

Commentary: Misuse of camera phones at work, employers run risk of liability absent written policy.
October 17, 2005... Byline: Nicole A. Crawford Ever considered what you would do if a female employee came into your office demanding that you stop a male co-worker from taking pictures under her skirt using his camera phone? Commonly referred to as...

NC Justice Center to present Defender of Justice Awards in Raleigh.(North Carolina )(late Deborah Greenblatt and Patterson Harkavy, LLP )(Brief Article)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff The NC Justice Center will honor the late Deborah Greenblatt and the law firm Patterson Harkavy, LLP with its Defender of Justice Awards on Thursday, Oct. 27 at the North Raleigh Hilton Hotel in...

Interview with Debra Bechtel, president of Catawba County Bar Association.(Interview)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff Debra Bechtel, the attorney for Catawba County, is the first public attorney to serve as president of the Catawba County Bar Association. In a conversation with Lawyers Weekly, Bechtel talked...

N.C. Lawyers In The News: October 17, 2005.(Lees-McRae College)(Brief Article)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff Greensboro lawyer Jarvis T. Harris was named National Alumni Brother of the Year by Alpha Phi Alpha Fraternity at its national convention in Houston, Texas. He was also appointed the fraternity's...

U.S. Court of Appeals 4th Circuit Case Summaries: October 17, 2005.(Willis v. Town of Marshall)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Town Hall Entertainment - Ban on Dancer A North Carolina town did not violate the First Amendment rights of a woman it banned from attending Friday-night free shows at the...

U.S. District Court Eastern District Case Summaries: October 17, 2005.(Taylor v. Barnhart)(Dula v. Lighthouse Superscreens Inc.)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Social Security - Disability - Closed Period - Continuing Symptoms - Treating Physicians Even though state agency medical consultants found that, as of Oct. 1, 2002, the...

N.C. Supreme Court Case Summaries: October 17, 2005.(Jones v. Ratley)(Justice for Animals Inc. v. Lenoir County SPCA Inc.)(North Carolina Department of Transportation v. Stagecoach Village)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Small Claims - District Court Appeals - Real Property - Judgments - Dismissal Where, in his dissent, Judge Tyson noted (1) that an appeal of a small claims judgment to...

NC Court of Appeals Unpublished Case Summaries: October 17, 2005.(Bio-Medical Applications of North Carolina Inc. v. North Carolina Department of Health and Human Services)(State v. Verrett)(Bruning and Federle Mfg. Co. v. Mills)
October 17, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Certificate of Need - Dialysis Stations - Transfer Application - Competitor - Prejudice - Insufficient Showing Where the petitioner sought to prove that the...

Verdicts & Settlements October 24, 2005: Insurance agent's contract, Chapter 75 damages.
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Sammy Johnson was an agent for Colonial Life & Accident Insurance Company ("Colonial") from 1982 to 1997. In his complaint, he alleged that in 1997, he was terminated without cause...

U.S. Court of Appeals 4th Circuit Case Summaries: October 24, 2005.(case for defamation and emotional distress)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Defamation - Emotional Distress - Anthrax Accusation The 4th Circuit denies a petition for rehearing and/or rehearing en banc in this case, in which the panel held on July...

N.C. Court of Appeals affirms $15M award over employee raids.(Sunbelt Rentals Inc. v. Head & Engquist Equipment L.L.C.)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff The Court of Appeals has upheld a $15 million treble damage award for an equipment leasing company that bought a scaffold rental business only to see it crippled when former officers lured scores...

N.C. Appeals Court rules insurer's 'reprehensible' misstatements not ground to amend complaint.(Bailey v. Handee Hugo's Inc.)
October 24, 2005... Byline: Ertel Berry Even if the insurer for a Raleigh Handee Hugo's misled a slip-and-fall plaintiff about who operated the store, his complaint could not be amended to add the correct party after limitations expired, the Appeals Court...

N.C. Appeals Court rules dead man's statute barred wife's testimony in will suit.
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff A Burke County wife was barred by the "dead man's statute" from testifying about conversations she overheard between her husband and his brother, the Appeals Court held Oct. 18. The wife's...

Charlotte attorney Calvin Murphy named president of N.C. State Bar.(North Carolina State Bar)
October 24, 2005... Byline: Michael Dayton Charlotte lawyer Calvin Murphy, who helped steer the State Bar through an intense period of public scrutiny and negative publicity, was elected its president last week. Also, Steven D. Michael of Kitty Hawk was...

N.C. Lawyers in the News: October 24, 2005.(Andrew Kristianson joins Helms Mulliss & Wicker)(Marc R. Tyrey joins McAllister )(James D. Wall forms his own firm)(North Carolina )
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Andrew "Andy" Kristianson has joined Helms Mulliss & Wicker's Raleigh office in the litigation practice group, where he concentrates in business litigation emphasizing complex commercial...

Lawyers Weekly launches client newsletters for real estate lawyers.(Legal Matters)(Brief Article)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Lawyers Weekly recently launched a new real estate law version of Legal Matters - its popular client newsletter service. "It's the only print and online client newsletter service for real...

Commentary: Federal appeals court rejects private releases of FMLA claims.(Family and Medical Leave Act of 1993)
October 24, 2005... Byline: David Dubberly and Brian Clarke Employers routinely ask employees to sign general releases of potential claims in exchange for severance packages or to resolve employment-related disputes. However, a recent decision from the U.S....

Verdicts & Settlements October 24, 2005: Condemnation claim settled for $2.85 Million.(NCDOT v. Greene and Smith)(Brief Article)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Land Condemnation Injuries alleged: The taking of 29 acres from a 54-acre tract which also left 21 remaining acres without access. Name of case: NCDOT v. Greene and Smith...

Verdicts & Settlements October 24, 2005: Jurors award $64,500 to man knocked down by Rottweiler.(Rivers v. Knight-Pyles)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Dog chase and knock down Injuries alleged: Broken arm Name of case: Rivers v. Knight-Pyles Court/county: Mecklenburg County Superior Court Case no.: 04 CvS 8275...

Verdicts & Settlements October 24, 2005: Workplace rescuer recovers $500,000 for shock injuries.(workplace injury)(Brief Article)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Workplace injury/premises liability Injuries alleged: Severe lower back pain, post-traumatic stress disorder Name of case: Confidential Court/county: Confidential ...

N.C. Court of Appeals Case Summaries: October 24, 2005.(North Carolina)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Licenses & Permits - Labor & Employment - Psychological Associate - Professional Counselor Where the petitioner kept his psychology and counseling practices entirely...

N.C. Industrial Commission Case Summaries: October 24, 2005.(North Carolina)(case for negligence)(case for workers' Compensation)(case for employee medical benefits)
October 24, 2005... Byline: North Carolina Lawyers Weekly Staff Tort/Negligence Subject Matter Jurisdiction - Public Employees - Insurance - Health Coverage - Independent Review Organization Where the plaintiff's claim is an appeal of a decision by an...

Summary judgment reversed on roofing accident claim.(Dillon v. Carpenter)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff A Richmond County man who fell while installing a tin roof can go to trial on claims that his brother-in-law should have furnished safety ropes or other protective devices. In an unpublished...

Plaintiff wins $150,000 verdict in low-impact wreck case.
October 31, 2005... Byline: Ertel Berry Pitt County jurors have awarded $150,000 to a motorist who claims she will suffer a lifetime of intermittent neck pain after being rear-ended by another driver going only 5 m.p.h. The defendant's highest pre-trial...

Proposed CLE change would lower registration requirement at video replays.(continuing legal education)
October 31, 2005... Byline: Michael Dayton A proposal that could make it easier for small-town lawyers to earn CLE has been approved by the State Bar's governing body. Currently, at least five lawyers must attend a videotaped CLE program. An amendment...

U.S. Bankruptcy Court Case Summaries: October 31, 2005.(Structured Investments Co. v. Heald)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Civil Practice - Collateral Estoppel - Contract - Assignment - Disabled Veteran's Benefits Where, in a prior Chapter 13 case, the court concluded that the parties' agreement...

Justice David Britt wins Chief Justice's Professionalism Award.
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Chief Justice I. Beverly Lake, Jr. presented the Honorable David M. Britt with the Chief Justice's Professionalism Award at the quarterly State Bar Councilor's dinner in Raleigh. Justice...

North Carolina Lawyers in the News: October 31, 2005.(Robert B. Meyer joins Poyner & Spruill)(Edmund T. Urban is promoted at United General Title Insurance Company)(Heath Gilbert joins North Carolina Bar Association )(Brief Article)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Robert B. Meyer has been named of counsel to Poyner & Spruill's Charlotte office, where he will practice in the area of labor and employment law. He formerly served as in-house employment...

Verdicts & Settlements October 31, 2005: Jurors award $150k for cervical strain in low-impact wreck.(Clayton v. Jones)(Brief Article)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: The plaintiff, a 36-year-old dental assistant, sued another motorist who allegedly rear-ended her at a stop light. Injuries alleged: Cervical strain with permanent,...

Verdicts & Settlements October 31, 2005: Nerve damage from spinal needle brings $1.61M settlement.(medical malpractice)(Brief Article)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Nerve damage, transient foot drop, neuropathic pain Name of case: Confidential Court/county: Confidential Case no.:...

Verdicts & Settlements October 31, 2005: Suit alleging misread PAP smear settles for $1.5M.(medical malpractice)(Brief Article)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Advanced cervical cancer (with less than 40 percent five-year survival rate at time of diagnosis) Name of case: Confidential ...

Federal judge remands suit against Blackwater over Iraq killings.(wrongful death case)
October 31, 2005... Byline: Ertel Berry A wrongful death suit brought against Blackwater Security Consulting by the families of four independent contractors killed in Iraq has been sent back to state court by a federal judge. Blackwater, which is based in...

Verdicts & Settlements October 31, 2005: Improper narcotics suit ends in $2.5M.(Brief Article)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Quadriplegia Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried before: Mediation ...

Verdicts & Settlements October 31, 2005: Patient recovers $1.7M on claims of delayed diagnosis.(medical malpractice)(Brief Article)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Delay in diagnosis and treatment of Hodgkin's lymphoma Name of case: Confidential Court/county: Confidential Case no.:...

Verdicts & Settlements October 31, 2005: Confidential medmal settlement.(medical malpractice)(Brief Article)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: n/a Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried before: Mediation Name of...

Verdicts & Settlements October 31, 2005: Recovery of $3M on claims of delayed bactremia diagnosis.(Brief Article)
October 31, 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...

U.S. Court of Appeals 4th Circuit Case Summaries: October 31, 2005.
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Sentencing - Downward Departure - Substantial Assistance Even though the district judge that sentenced defendant, who had offered substantial assistance in the...

U.S. District Court Eastern District Case Summaries: October 31, 2005.(Culbreth v. Ingram)(Nordan v. Blackwater Security Consulting, LLC)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Military - National Guard - Reinstatement - Civil Practice - Justiciability - Constitutional Even though administrative remedies may not offer the plaintiff complete...

NC Court of Appeals Unpublished Case Summaries: October 31, 2005.
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Service of Process - Substitute Service - Corporate - Registered Agent - Secretary of State Even though, prior to filing the complaint, plaintiff's counsel sent several...

N.C. Administrative Hearings Case Summaries: October 31, 2005.(Bridgers v. Department of Health & Human Services, Division of Facilities Services)
October 31, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Health Care Personnel Registry - Adult Care Home - Abuse & Neglect Allegations - Drug- Seeking Resident Where the petitioner reflexivelyand lightlyslapped an agitated...