North Carolina Lawyers Weekly articles from October 2006

North Carolina Lawyers Weekly archives from October 2006

North Carolina law firms announce promotions and personnel changes.(Stephen Rogers appointed at United General Title Insurance)(Aisha Pridgen joins Wake Family Law Group)(Beth Trahos joins Wake County Planning Board)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Beth Trahos was elected chair of the Wake County Planning Board, where she has been a member since 2002. She focuses in land use development and municipal law at Smith Moore's Raleigh office. ...

North Carolina attorney Harold Berry receives Petroleum Industry Award.(North Carolina Petroleum Marketers Association honors managing partner of Hatch, Little & Bunn)(Brief article)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff The North Carolina Petroleum Marketers Association has presented the 2006 William A. Parker Memorial Award to Harold W. Berry Jr., the managing partner of the Raleigh law firm Hatch, Little &...

North Carolina-based law firm Crumley & Associates brings driving program to Charlotte students.(Driver's Edge)(Brief article)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Driver's Edge, the free national safe driving program for young drivers between the ages of 15 and 21, recently wheeled into Greensboro for its second visit to North Carolina. The firm of...

North Carolina-based Wishart Norris adds two attorneys known for focus on business matters.(John Northey and Gideon Moore from Morris, Manning and Martin L.L.P. join Wishart Norris Henninger and Pittman P.A.)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Two attorneys have left the Charlotte office of Morris, Manning & Martin LLP to join Wishart Norris Henninger & Pittman, P.A. John Northey and Gideon Moore started with Morris Manning on Sept...

Virginia real estate agents hire woman to cleanse spirits from dwellings.(psychic B.J. Wall)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Some people would say B.J. Wall is a psychic, but she calls herself a communicator. Wall says she sees and talks with spirits. Real-estate agents call her to cleanse spirits from houses...

North Carolina Court of Appeals unpublished case summaries: October 2, 2006.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Res Judicata - Contract - Real Property - Easement - Repudiation - Specific Performance Where the defendant had already refused to grant the plaintiffs an easement across...

U.S. Bankruptcy Court case summaries: October 2, 2006.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy BAPCPA - Chapter 13 - Plan Period - CMI Where the debtor's current monthly income is below the median family income in North Carolina, her applicable commitment period is 36...

U.S. 4th Circuit Court of Appeals case summaries: October 2, 2006.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Rights Trespass To Land - Trail Map - Prosecution Of Owner A property owner who alleged that defendant Rivanna Trails Foundation published a map showing a public trail across her...

U.S.Middle District Court case summaries: October 2, 2006.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Arbitration Civil Practice - Motions for Disqualification & Reconsideration - Clarification Even though a footnote in the plaintiffs' brief said the plaintiffs "would renew" a motion to...

Verdicts & settlements October 2, 2006: North Carolina jury rules for hospital in med-mal suit.(Clayborn v. [Names Withheld])
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Personal injury and pain and suffering from fractured hip resulting from hospital fall Name of case: Clayborn v. [Names Withheld] ...

Verdicts & settlements October 2, 2006: N.C. doctor settles for $435K for medical negligence.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical negligence Injuries alleged: Physical pain and mental suffering and anguish, loss of ability to reproduce, severe emotional distress and loss of enjoyment Name of...

Verdicts & settlements October 2, 2006: North Carolina hospital settles for $1.25M.(traumatic head injury results in death)(Brief article)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful death Injuries alleged: Traumatic head injury, resulting in death Name of case: Withheld Court/county: Confidential Case no.: Confidential Tried...

Chief Justice North Carolina Equal Access to Justice Commission elects Cal Adams as vice chairman.(Cal Adams )(Brief article)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Cal Adams has been elected vice chairman of the Chief Justice's North Carolina Equal Access to Justice Commission. Adams is the leader of Womble Carlyle's insurance, governmental and tort...

North Carolina Justice Center honors Raleigh attorney Jerry Hartzell with Defender of Justice Award.(Brief article)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff The N.C. Justice Center will honor Raleigh attorney Jerry Hartzell with its Defender of Justice Award on Thursday, Oct. 19, at the Friday Center at UNC-Chapel Hill. A press release from the...

Daniel E. Uyesato joins North Carolina-based Hunton & Williams' Raleigh office.(Brief article)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Daniel E. Uyesato has joined Hunton & Williams' environmental practice group and will practice in the firm's Raleigh office. Prior to joining Hunton & Williams, Uyesato spent 16 years at...

N.C. Appeals Court rules 1997 custody order opens door for father to seek visitation rights.
October 2, 2006... Byline: Ertel Berry A Chatham mom's motion for increased visitation under a 1997 custody order opened the door for her own father to seek visitation rights, the Appeals Court has ruled. The unpublished decision in Smith v. Smith (North...

North Carolina jury sides with doctors in newborn's death.(Jason Widener et al v. Duke University Health System Inc.)
October 2, 2006... Byline: Ertel Berry Jurors have rejected claims that a baby died shortly after delivery at Durham Regional Hospital because two doctors failed to respond to early signs of fetal distress. The no-liability verdict, which was returned on...

North Carolina district judge faces state bar disciplinary hearing.(North Carolina State Bar v. Ethridge)
October 2, 2006... Byline: Michael Dayton A rare attorney discipline case involving a sitting District Court judge is set to be tried this week at the State Bar building in Raleigh. Cases of alleged misconduct by judges are typically heard by the...

North Carolina court rules hotel not jointly liable for workers' comp to cleaning service employee.(Guye v. Kat's Cleaning)
October 2, 2006... Byline: Ertel Berry A cleaning service employee who was injured doing laundry and housekeeping work at a Wilmington hotel could not collect workers' comp from the hotel as a "joint employer," the Appeals Court has ruled. A showing of...

Lumberton, N.C. lawyer integrates yoga into workplace.(Kevin Whiteheart)
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff When Kevin Whiteheart is frustrated at work, he closes his office door at Lumberton City Hall and does a headstand. After five minutes, Whiteheart regains a sense of clarity. He then goes...

Annual existing home prices tumble for first time in 11 years.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Annual existing home prices declined in August for the first time in more than a decade as sales fell for a fifth straight month. The year-over-year drop in median sales prices represented a...

North Carolina landowners clear cut woods due to fearing restrictions to save habitat.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff What's black and white and dreaded all over? In this booming coastal town, it's the tiny red-cockaded woodpecker. During the past six months, ugly, stump-riddled gashes have appeared...

North Carolina gasoline leak contaminates Cherokee water supply.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Schools and businesses closed Sept. 22 in Cherokee after a gasoline leak contaminated the tribe's water supply. About 1,500 families and 300 businesses were affected. Gasoline was found Sept....

Bigger homes and smaller lots are more common in Wake County, N.C.
October 2, 2006... Byline: North Carolina Lawyers Weekly Staff Like coffee cups and waistlines, mansions and middle-of-the-road homes are expanding. In Wake County last year, 236 new homes topped 4,999 square feet. Back in 1980, there were only five. ...

N.C. Industrial Comm. Case Summaries: October 9, 2006.
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Average Weekly Wage - 401(k) & Pension Plan Contributions - Not Included Where the defendant-employer's contributions to the plaintiff's retirement accounts were a...

U.S. Court of Appeals 4th Circuit Case Summaries: October 9, 2006.
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Unpaid Workers Compensation Premiums - Priority Claim - Ch. 11 In our opinion of Mar. 24, 2005 (Lawyers Weekly No. 05-01-0384, Apr. 4, 2005 issue), we held that Zurich...

U.S. District Court Middle District Case Summaries: October 9, 2006.
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Disability Discrimination Claims - Bipolar Disorder - Ability to Work Where the plaintiff made it clear that her bipolar disorder and migraines did not...

N.C. Lawyers in the News: October 9, 2006.(Teresa DeLoatch Bryant joins Elizabeth City State University)(Arnita Maria Dula becomes lawyer for city of Hickory)(Jeffrey T. Skinner, joins Kilpatrick Stockton's other branch)(Brief article)
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Teresa DeLoatch Bryant has been named to the board of trustees of Elizabeth City State University. She is a litigation lawyer with Brooks, Pierce, McLendon, Humphrey & Leonard in Greensboro. ...

Smalls named president of N.C. Association of Women Attorneys.(Harriett Smalls joins North Carolina Association of Women Attorneys)(Brief article)
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Harriett Smalls, an attorney in Smith Moore's Greensboro office, has been named president of the North Carolina Association of Women Attorneys. She was elected president-elect at last year's...

Bench Press in N.C.(supreme court judges elections)
October 9, 2006... Byline: Michael Dayton Kris Bailey is running a statewide campaign on a shoestring budget. "This is a big state," he says. "You learn where the cheap gas is." Bailey is vying for a seat on the Court of Appeals and has earned a...

N.C. Court of Appeals denies attorney's fees despite finding of civil contempt.
October 9, 2006... Byline: Michael Dayton Even though the defendants dragged their feet in paying an $87,000 settlement agreement -- resulting in multiple show cause orders and a finding of civil contempt -- the trial judge could not impose attorney's fees...

N.C. Judicial Candidates' Forum: Questions & Answers.
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Candidates for this year's appellate court races were given five minutes to answer a specific question from the North Carolina Association of Defense Attorneys at a Sept. 29 forum in Greensboro....

Rise In Military Divorces Keeps Family Lawyers Busy.
October 9, 2006... Byline: SYLVIA HSIEH, Dolan Media News Service Military marriages are another casualty of the wars in Iraq and Afghanistan, and many divorce attorneys are getting a crash course on how to handle these complex cases. The increased...

N.C. Legal Obitituaries: October 9, 2006.(North Carolina)(Jennifer Lynn Bowman, Bill Staton )(Obituary)(Brief article)
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Jennifer L. Bowman New Bern attorney Jennifer Lynn Bowman, 38, died Oct. 1 at her home. She was a Phi Beta Kappa undergraduate at the University of North Carolina, and attained her J.D....

N.C. Court of Appeals Case Summaries: October 9, 2006.
October 9, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Civil Contempt - Attorneys' Fees - Settlement Agreement - Specific Performance Order Where the trial court ordered specific performance of the parties' settlement...

N.C. Supreme Court Case Summaries: October 16, 2006.
October 16, 2006... Byline: North Carolina Lawyers Weekly Staff Domestic Relations Parent & Child - Parental Rights - Termination Where Judge Hunter's dissent said, Where the little progress the respondent made on her case plan objectives occurred...

NC Court of Appeals Unpublished Case Summaries: October 16, 2006.(United Leasing Corp. v. Guthrie)(State v. Clayborne)
October 16, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Change of Venue - Rule 60 - Interlocutory Order Where, upon a Rule 60 motion, the trial judge entered an order granting reconsideration of his previous order transferring...

U.S. Court of Appeals 4th Circuit Case Summaries: October 16, 2006.
October 16, 2006... Byline: North Carolina Lawyers Weekly Staff Admiralty Maritime Lien - Fuel Delivery - English Law A South Carolina district court did not err in holding that a dispute between a vessel and an oil supplier over delivery of...

North Carolina Lawyers in the News: October 16, 2006.(Julius Chambers receives award)(Craig Cannon receives award)(Bob Klepfer joins Action Greensboro)
October 16, 2006... Byline: North Carolina Lawyers Weekly Staff Second District Chief District Judge James Walter (Jim) Hardison of Williamston retired from his post effective Oct. 1 after 26 years on the bench. A Williamston native, Judge Hardison attained...

Chris Matton wins Caring Community Foundation Award.(Brief article)
October 16, 2006... Byline: North Carolina Lawyers Weekly Staff Chris Matton, a partner in Kilpatrick Stockton's Raleigh office, was selected to receive The Caring Community Foundation's Distinguished Service Award. He has acted as attorney and advisor on a...

Justices decline review of deposition costs award.
October 16, 2006... Byline: Ertel Berry The Supreme Court has sidestepped a chance to resolve a split at the Court of Appeals over what types of expenses may be awarded as costs. That's the upshot of the justices' refusal to grant discretionary review of...

Attorney disqualified over confidential info in e-mail attachments.
October 16, 2006... Byline: Ertel Berry A recent Business Court decision sounds a strong warning for attorneys who conduct legal matters by e-mail -- always, always open the attachments. A lawyer who failed to do that -- and didn't realize an e-mail's...

Workers' comp, UIM on high court's per curiam, petition list.(underinsured motorist coverage)
October 16, 2006... Byline: Ertel Berry The Supreme Court has upheld a decision reversing a comp claimant's total disability award -- despite evidence no employer would hire her after she suffered carpal tunnel injuries in both hands. That decision, which...

Judge disbarred for misusing woman's money.(James B. Ethridge)
October 16, 2006... Byline: Michael Dayton District Judge James B. Ethridge could explain a lot of things, but there was no good explanation for why he used $400 of an elderly woman's money to re-upholster his law office chair. The State Bar alleged that...

Pictures Telling Stories Lawyers Expand Use Of Video Depositions.
October 16, 2006... Byline: Dick Dahl In May of this year, jurors in a federal courthouse in eastern Louisiana were asked to watch and listen as the image of a hospital risk manager appeared on the court's huge video screen. It was a key moment in a trial...

The Advantages Of Video Depositions.
October 16, 2006... Byline: Dick Dahl Most proponents agree that lawyers should always videotape depositions when economics allow, citing numerous advantages over traditional printed excerpts. Deposed witnesses may be unavailable for trial. Witnesses can...

N.C. Business Court Case Summaries: October 16, 2006.
October 16, 2006... Byline: North Carolina Lawyers Weekly Staff Attorneys Disqualification - Conflict of Interest - E- Mail Attachments - Confidential Documents Even though counsel did not notice or read e-mail attachments that consisted of...

N.C. Industrial Comm. Case Summaries: October 16, 2006.
October 16, 2006... Byline: North Carolina Lawyers Weekly Staff Workers Compensation OSHA Violations - 10% Penalty - Safety Rails - Disability - Depression Where the defendant-employer knew its platform and stairs were not guarded by standard...

Verdicts & Settlements October 23, 2006: Mold exposure suit brings $1.18M settlement.(Steve Jones Auto Group, d/b/a Steve Jones Honda, Steven R. Jones and Sherrie L. Jones v. Myrick Construction, Inc. v. Commercial Acoustical Drywall, Inc. and Rockingham Paint & Glass Center, Inc.)
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Negligent construction; personal injuries caused by exposure to toxigenic molds Injuries alleged: Hypersensitivity pneumonitis; chronic asthma; mild cognitive impairment;...

Merrill named a fellow of the American College of Employee Benefits Counsel.(Heloise C. Merrill)(Brief article)
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Heloise C. Merrill, a partner with Parker Poe Adams & Bernstein LLP, has been named a fellow of the American College of Employee Benefits Counsel. Merrill was inducted at the college's annual...

Womble Carlyle selects law students to receive scholarships.(Womble Carlyle Sandridge and Rice, Erin Cannon, Jennifer Carpenter and Kamelia Shaw)
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Womble Carlyle Sandridge & Rice, PLLC has selected nine law students to receive scholarships from the 2006-2007 Womble Carlyle Scholars Program, a firm release says. The program will provide...

North Carolina Lawyers in the News: October 23, 2006.(Jeri Whitfield elected at North Carolina Association of Defense Attorneys)(Danielle M. Walther joins Nexsen Pruet Adams Kleemeier)(John Mark Payne elected at North Carolina Association of County Attorneys)(Brief article)
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Jeri Whitfield, a partner in Smith Moore's Greensboro office, was re-elected secretary of the N.C. Association of Defense Attorneys. Danielle M. Walther has joined the litigation group at...

NC Court of Appeals rules sudden emergency instruction was required in Durham wreck.
October 23, 2006... Byline: Ertel Berry The Court of Appeals has granted a new trial for a Durham wreck plaintiff because her request for an instruction on sudden emergency was improperly denied. A jury found the plaintiff was contributorily negligent in...

NC Appeals Court rules husband must deplete assets to pay alimony award.
October 23, 2006... Byline: Ertel Berry A Lee County man could be ordered to pay almost his entire monthly income as alimony, even though that meant liquidating assets to comply with the award, the Appeals Court held Oct. 17. "The statute lets a trial...

Court should have named mediator, not dismissed case, rules NC Court of Appeals.(Gailey v. Triangle Billiards & Blues Club Inc.)
October 23, 2006... Byline: Ertel Berry Where the parties in a personal injury suit failed to name a mediator for a court-ordered conference -- but the plaintiff didn't notify the trial court -- the judge should have appointed a mediator himself rather than...

New president of NC State Bar to look at speeding up grievance process.(Steven D. Michael)
October 23, 2006... Byline: Michael Dayton Eleven years ago, a newspaper letter criticizing lawyers prompted Kitty Hawk attorney Steven D. Michael to seek a seat on the State Bar's governing body. "It really made me mad," Michael told Lawyers Weekly. "I...

N.C. Administrative Hearings Case Summaries: October 23, 2006.
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Certificate of Need - Hospice Care - No Review - Service Area Where Continuum II Home Care & Hospice, Inc.'s service area was Onslow County, it was not entitled to open a...

N.C. Court of Appeals Case Summaries: October 23, 2006.
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Administrative Environmental - USTs - Burden of Proof - Written Record - Permit Application Where the petitioner was challenging an agency action, the burden of proof lay with the...

N.C. Industrial Comm. Case Summaries: October 23, 2006.
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Workers' Compensation Termination - Disability - Unrelated - Carpal Tunnel Syndrome - UPC Labeling Where, after carpal tunnel release surgery, the plaintiff was assigned to work within...

U.S. Court of Appeals 4th Circuit Case Summaries: October 23, 2006.
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Abatement - Insurance Claim In this lawsuit by a workers' compensation self-insurance program for governmental entities against the City of Gastonia, N.C. over...

Verdicts & Settlements October 23, 2006: Brokerage customer's trust recovers $1.81M.(Lindberg Trust v. Bowman)
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Suit alleged fraud, conversion, negligent supervision, breach of contract, breach of fiduciary duty Injuries alleged: $1.5 million, including allegedly embezzled funds, lost...

Verdicts & Settlements October 23, 2006: Settlement of $4M reached in fatal interstate wreck.(Brief article)
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Interstate wreck Injuries alleged: Wrongful death and personal injury Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried...

North Carolina Central University School of Law hosting court sessions.
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff The North Carolina Central University School of Law will host visits by two courts this semester, according to a school press release. The first is the 4th Circuit Court of Appeals, scheduled...

Donald C. Lampe assumes American Bar Association position.(Brief article)
October 23, 2006... Byline: North Carolina Lawyers Weekly Staff Donald C. Lampe has been elected chair of the Committee on Consumer Financial Services of the business law section of the American Bar Association. The selection was announced at the ABA's...

Brevard attorney heading Child Support Council.(Tony C. Dalton)(Brief article)
October 30, 2006... Byline: North Carolina Lawyers Weekly Staff Attorney Tony C. Dalton of Brevard was installed as the 25th president of the North Carolina Child Support Council at its annual conference at Atlantic Beach. He is the primary child support...

NC Court of Appeals Unpublished Case Summaries: October 30, 2006.(North Carolina)
October 30, 2006... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Long- Arm Statute - Constitutional - Due Process - Insufficient Contacts Where the plaintiffs were solicited in North Carolina by defendant...

Verdicts & Settlements (October 30, 2006) Verdicts & Settlements October 30, 2006: Employee gets $1.(Brief article)
October 30, 2006... Byline: North Carolina Lawyers Weekly Staff Type of action: Workers' compensation Injuries alleged: C5 burst fracture Name of case: Jordan v. Roanoke Recovery Court/county: N.C. Industrial Commission Case no.: I.C. No....

Charlotte lawyer wins Chief Justice's Professionalism Award.(Julius L. Chambers)
October 30, 2006... Byline: North Carolina Lawyers Weekly Staff Charlotte lawyer Julius L. Chambers is the recipient of the 2006 Chief Justice's Professionalism Award. Chief Justice Sarah Parker made the presentation to Chambers for "his selfless dedication...

Richlands judge to head N.C. Assn. of District Court Judges.(W.M. Cameron, North Carolina Association of District Court Judges)(Brief article)
October 30, 2006... Byline: North Carolina Lawyers Weekly Staff W. M. "Mac" Cameron III of Richlands has been elected president of the North Carolina Association of District Court Judges for 2006-2007. Cameron has served on the District Court bench since...

Durham homeowner loses suit over faulty flood zone certificate.
October 30, 2006... Byline: Ertel Berry A Durham homeowner cannot sue a company that incorrectly certified her property as outside of a flood zone, a federal judge has ruled in a case of first impression. "Given the amount of flood-related litigation this...