North Carolina Lawyers Weekly articles from October 2007

North Carolina Lawyers Weekly archives from October 2007

Real estate appraisers face mounting pressure.
October 1, 2007... Byline: BECKY HURLEY, Dolan Media Newswires The last few years have been tough on real estate appraisers. In a recent survey conducted by October Research and underwritten by the country's largest appraisal company, Forsythe...

Customer convenience: Experts weigh in on real estate marketing.
October 1, 2007... Byline: DANIELLE DERRINGER, Dolan Media Newswires ROCHESTER, N.Y. — With negative news surrounding the real estate market recently, marketing is perhaps more important than ever. Steve Vaisey, a Realtor with RE/MAX Plus and...

Niche practices bloom from loan mess.(legal specialization in subprime mortgage lending cases)
October 1, 2007... Byline: KIMBERLY ATKINS, Dolan Media Newswires The mortgage industry bust — caused largely by the surge in high-risk loan foreclosures — has spurred a boom in another area: New law firm practice groups focused on subprime...

Northern Virginia condo buyers, facing slower market, stuck with investments.
October 1, 2007... Byline: ALAN COOPER, Dolan Media Newswires Some condominium purchasers in Northern Virginia, especially those who bought the condos as investments, are trying to get out of their contracts by contending that they violate the federal...

VFW memorial cross dispute likely candidate for high court review.(Veterans of Foreign Wars)
October 1, 2007... Byline: DAVID ZIEMER, Dolan Media Newswires MILWAUKEE, Wis. — "A Latin cross sits atop a prominent rock outcropping known as 'Sunrise Rock' in the Mojave National Preserve [in California]." So begins a recent Ninth Circuit...

Potential impact of N.C. Civil Access to Justice Summit starts with combining talent, resources.(North Carolina)
October 1, 2007... Byline: Guy Loranger The Civil Access to Justice Summit that will take place in Cary on Oct. 12 has a basic goal. "We want to educate attendees about the significant poverty issues in North Carolina and their effect on the...

North Carolina officials seek novel ways to provide legal assistance to state's low-income residents.(Legal Aid of North Carolina)
October 1, 2007... Byline: Guy Loranger Lawyers, judges, legislators, business executives and academics from around North Carolina will meet Oct. 12 in Cary at the Civil Access to Justice Summit, seeking novel ways to provide legal assistance to the state's...

U.S. District Court for Western District of N.C. IDs fiduciary duty in mortgage relation.(United States District Court for the Western District of North Carolina)
October 1, 2007... Byline: Guy Loranger A fiduciary relationship existed between a borrower and a lender who allegedly failed to pay insurance premiums and property taxes out of an escrow account, a federal district court has ruled. In a first-impression...

Arbitration, mortgage protection top new laws in North Carolina.
October 1, 2007... Byline: Fred Horlbeck In the wake of the 2007-2008 legislative session, a host of new laws, including a measure allowing mediation as a voluntary alternative to medical malpractice lawsuits, are going into effect after ratification by Gov....

Commentary: The Practical Litigator.
October 1, 2007... Byline: Mark McGrath In enacting the North Carolina Workers' Compensation Act, the General Assembly, like legislatures across the country, gave much to workers of this state but also took much away. In exchange for guaranteeing limited...

North Carolina Lawyers in the News: October 1, 2007.
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Several Cranfill Sumner & Hartzog attorneys have been in the news recently. Richard T. Boyette has been accepted by the conflict prevention and resolution panels of Distinguished Neutrals as a...

Charlotte lawyer Darryll Walter Bolduc dies suddenly.(Obituary)(Brief article)
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Charlotte lawyer Darryll Walter Bolduc died suddenly Sept. 17 while on Lake Norman. Born in Maine, he moved to North Carolina in 1983. He began his career in the securities division of First...

N.C. Safety & Health Review Commission Case Summaries: October 1, 2007.(North Carolina)
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Labor & Employment - Hepatitis B Vaccines - Follow Up - CDC Recommendations Commissioner of Labor v. Britthaven, Inc. (Lawyers Weekly No. 07-14-1140, 15 pp.) (Oscar A....

NC Court of Appeals Unpublished Case Summaries: October 1, 2007.(North Carolina Court of Appeals)
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Rule 60 Relief - Intrinsic Fraud - Evidence Tampering - Torn Contract Hall v. Cohen. (Lawyers Weekly No. 07-16-1121, 10 pp.) (Wanda G. Bryant, J.) Appealed from Pitt...

U.S. Court of Appeals 4th Circuit Case Summaries: October 1, 2007.(United States Court of Appeals for the 4th Circuit)
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Medicaid - Reasonable Promptness Doe v. Kidd. (Lawyers Weekly No. 07-01-1137, 29 pp.) (Gregory, J.) No. 05-1570, Sept. 19, 2007; USDC at Columbia, S.C. (Seymour, J.) 4th...

U.S. District Court Eastern District Case Summaries: October 1, 2007.(United States District Court for the Eastern District of North Carolina)
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Rights National Guard - Constructive Discharge - Constitutional - Fourth Amendment - E- Mails - Administrative - Intraservice Remedies - Civil Practice - Service of Process Aikens...

U.S. District Court Middle District Case Summaries: October 1, 2007.(United States District Court for the Middle DIstrict of North Carolina)
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Schools & School Boards Constitutional - Substantive Due Process - Punishment - Special Needs Student - Tort/Negligence W.E.T. v. Mitchell. (Lawyers Weekly No. 07-03-1141, 36 pp.) (James...

U.S. District Court Western District Case Summaries: October 1, 2007.(United States District Court for the Western District of North Carolina)
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff Attorneys Motion to Disqualify - Potential Witness - Contract - Negotiations Metropolitan Partnership, Ltd. v. Harris. (Lawyers Weekly No. 07-04-1127, 5 pp.) (Carl Horn III, USMJ -...

Verdicts & Settlements October 1, 2007: Woman gets $575,000 settlement for injuries in wreck.
October 1, 2007... Byline: North Carolina Lawyers Weekly Staff In the early morning before dawn, plaintiff, 69, was driving her vehicle on a country road in Columbus County near Whiteville. Plaintiff was operating her vehicle on N.C. 214, a two-lane road with...

Commentary: 'I figured I would be held in contempt for something'.
October 8, 2007... Byline: Bradley S. Tisdale For my first courtroom experience, I jumped (actually, I was thrown) into the deep end of the pool. I represented a client charged with first-degree murder! It was 1986, and I had graduated from the Memphis...

Commentary: Much ado about nothing: Dismissals for appellate rule violations.
October 8, 2007... Byline: Brantley Springett and Brantley Springett THE RESEARCH: 'Our analysis concludes that since Viar's mandate, only 77 cases out of the 3,452 appeals disposed of by written opinion of the Court of Appeals have dismissed at least one...

N.C. Bar Assn.'s Health Law Section conducting membership drive.(North Carolina Bar Association)
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff A membership drive for the Health Law Section of the N.C. Bar Association is in full swing, and members are invited to renew their memberships and invite friends, colleagues and other counsel to...

N.C. Lawyers in the News: October 8, 2007.(North Carolina)(Brief article)
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff Kimberly Huffman Whitley, a partner in the firm of Patrick, Harper & Dixon, LLP, has been elected to the Elder Law Section Council of the North Carolina Bar Association, according to a news...

N.C. Court of Appeals rules jury charge needed on oil law exception; new trial set.(North Carolina)
October 8, 2007... Byline: From Staff reports A trial court's refusal to submit jury instructions on the third-party exception to the N.C. Oil Pollution and Hazardous Substances Control Act required remand for a new trial, the Court of Appeals held in a 2-1...

U.S. District Court, Western District of N.C. rules window etching is 'warranty,' not 'insurance,'.(North Carolina)
October 8, 2007... Byline: From Staff reports The sale of a window-etching system designed to deter car theft, accompanied by a guarantee to pay any customer whose car was stolen and unreturned, did not constitute the sale of "insurance" under North Carolina...

N.C. Court of Appeals rejects stay motion for failure to petition for cert.(North Carolina)
October 8, 2007... Byline: Guy Loranger The Court of Appeals has refused to stay a state-court action pending the resolution of a defendants' bankruptcy case, saying the defendants in the multi-party construction project dispute did not follow the proper...

N.C. Court of Appeals rules 'snared' driver could challenge checkpoint.(North Carolina)
October 8, 2007... Byline: From Staff reports A driver who was pulled over by a police officer and charged with DWI after she turned away from a roadblock has standing to challenge the constitutionality of the checkpoint, the Court of Appeals ruled in a...

Interview with Pamela Thorpe Young: New chair of the N.C. Industrial Commission.(North Carolina)(Interview)
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff Editor's note: Lawyers Weekly sat down with Pamela Thorpe Young, the newly appointed chair of the state Industrial Commission, bright and early Oct. 2, the day after she took the helm of the...

Campbell law school to move to Raleigh.(Norman Adrian Wiggins School of Law to Raleigh, North Carolina)
October 8, 2007... Byline: North Carolina Lawyers Staff The Campbell University board of trustees announced Oct. 4 that the Norman Adrian Wiggins School of Law will move to downtown Raleigh by the fall of 2009. The school plans to relocate from...

N.C. Legal Obituaries: October 8, 2007.(North Carolina)(John A McRae Jr. and William B. Pittman)(Obituary)
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff John A. McRae Jr. John A. McRae Jr., 89, of Kinston, died Oct. 1. Born in Mecklenburg County, he graduated from law school at UNC in 1940. After service in the U.S. Army, he joined his...

N.C. Court of Appeals Case Summaries: October 8, 2007.(North Carolina)
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff Constitutional Municipal - Criminal Practice - Registered Sex Offenders - Public Parks Ban Standley v. Town of Woodfin. (Lawyers Weekly No. 07-07-1146, 53 pp.) (Rick Elmore, J.) (Martha...

U.S. Court of Appeals 4th Circuit Case Summaries: October 8, 2007.
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Removal Order - Drug Conviction - Permanent Allegiance Fernandez v. Keisler. (Lawyers Weekly No. 07-01-1161, 25 pp.) (Williams, J.) No. 06-2209, Sept. 26,...

U.S. District Court Eastern District Case Summaries: October 8, 2007.(Case overview)
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff Constitutional Criminal Practice - Sex Offenders - Civil Commitment - Commerce Clause - Due Process - Reasonable Doubt Standard United States v. Comstock. (Lawyers Weekly No. 07-02-1142,...

Verdicts & Settlements October 8, 2007: Truck driver injured in collision receives $650K.
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Motor vehicle accident Injuries alleged: Neck, back and shoulder injuries Case name: Confidential Case number: Confidential Court: Martin County Tried before...

Verdicts & Settlements October 8, 2007: Craven County jury awards $1,875K for injuries in auto wreck.
October 8, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury Injuries alleged: Neck and lower back Special damages: $450,000 medical expenses Case name: Mauro v. Emerson Case number: 06-CVS-846 Court:...

U.S. Supreme Court splits over reimbursement for private education.(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff The Supreme Court last week affirmed a ruling that requires New York City schools to reimburse a wealthy businessman for private special education for his son. The justices split 4-4 on the...

Denver judge tosses $1.2M judgment after lawyer's 'unprofessional' conduct.(U.S. District Judge Robert Blackburn)(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff A judge has tossed out a $1.2 million judgment in favor of a former Denver firefighter, citing the "boorish and unprofessional" courtroom behavior of his lawyer. Lawyer Mark E. Brennan...

What do neuroscience, law have in common? Tune in around 2010.(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Questions about how breakthroughs in neuroscience may affect the legal system have prompted scientists and lawyers to convene a three-year initiative to examine the issue. A $10 million grant...

Pa. death penalty system riddled with problems, American Bar Assn. study concludes.(Pennylavania, American Bar Association)(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Pennsylvania needs to make drastic changes to its death penalty system, including preserving biological evidence until an inmate is released or executed, a team of prosecutors, defense attorneys...

R.I. Supreme Court to hear same-sex divorce case from Mass. couple.(Rhode Island)(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff The state Supreme Court will hear arguments on whether a gay couple married in Massachusetts can get divorced in Rhode Island. Cassandra Ormiston and Margaret Chambers were married in 2004...

La. judge rules recanted statements may be used in church abuse trial.(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff A judge says prosecutors may use statements by two boys that they were sexually abused by the minister and other members of a church, even though those witnesses now say that wasn't true. ...

U.S. Supreme Court's decision in Stoneridge key to Enron, other shareholder lawsuits.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Investor lawsuits in the Enron scandal and other corporate wrongdoing hinge on a case before the Supreme Court that poses this question: Can banks, lawyers, accountants and suppliers be held...

Commentary: Ask the Risk Man.(Letter to the editor)(Column)
October 15, 2007... Byline: Jay Reeves Barry Bonds -- baseball's new all-time home run king -- might never make it into the Hall of Fame. Mark McGwire -- who in the summer of 1998 smashed Roger Maris' single season home run record -- has already been...

Commentary: Ready to be a great attorney? How are you at mountain-climbing?
October 15, 2007... Byline: Langston D. McFadden After three long years of law school, two grueling months of bar study, a rigorous and unforgiving bar exam and a joyous swearing-in ceremony, you are now ready to become a great attorney, right? Wrong! ...

Commentary: The 'costs' of indecision ... and the rewards of taking action.(Column)
October 15, 2007... Byline: Nancy Byerly Jones Recently, a client thanked me for sharing some of the tougher business decisions I've tackled in years past. He had been struggling with the agony of indecision for a long time, but learning of my experiences was...

Commentary: My Courtroom Debut.(Brief article)
October 15, 2007... Byline: Gavin A. Brown My first visit to a courtroom was also my first trial. Trial advocacy was a thing of the future when I finished law school in 1972. About 11 a.m. in the fall of 1972, the senior partner in the firm which had hired me...

Verdicts & Settlements October 15, 2007: Jury awards $1.19M for the taking of horse farm property.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation Injuries alleged: Taking of 3.1 acres and damages to the remaining 16.8 acres of the defendant's property in Iredell County Case name: N.C. Dept. of...

Verdicts & Settlements October 15, 2007: Fall at hospital results in $850K settlement.(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Injuries alleged: Progressive weakness of upper and lower extremities Case name: Confidential Case number: Confidential Court: Confidential...

Commentary: Cash stash, business plan lead Top 10 tips for starting law practice.
October 15, 2007... Byline: Edward Poll As I was preparing some remarks for my induction into a consultants' hall of fame on the top 10 lessons I've learned in starting my consulting career, it struck me that these apply equally to a lawyer starting a new...

Commentary: Advertising can mislead potential clients.
October 15, 2007... Byline: Maridee F. Edwards When the professional-sounding voice on the phone answered, "Law offices. May I help you?" the frantic mother of a 20-year-old sitting in jail had no idea this helpful lady was hundreds of miles away. The...

Commentary: Surviving the credit crunch: Is it real?
October 15, 2007... Byline: Joe Monteleone Borrowing money is becoming more expensive. The unrest in the housing and mortgage markets and subsequent credit crunch are finally touching commercial lending across the country and locally. Commercial real...

Commentary: Communications key to brownfields redevelopment success.
October 15, 2007... Byline: Gerald L. Kirkpartrick Brownfield redevelopment projects and sale agreement negotiations are becoming more complex and as that level of complexity expands, communications among the transaction support team has become critical. In...

N.C Lawyers in the News: October 15, 2007.(North Carolina)(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff The Raleigh firm of Wyrick Robbins Yates & Ponton has added Charles George as of counsel, where he will concentrate in commercial litigation. George received his J.D. from the University of Miami,...

George H. White Bar Assn. of Durham County to hold scholarship banquet Oct. 20.(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff The George H. White Bar Association of Durham County will hold its Annual Scholarship and Recognition Banquet at 6 p.m. Saturday, Oct. 20. The event will be at the North Carolina Mutual Life...

N.C. Legislative Roundup: October 15, 2007.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Editor's note: Following is a summary of laws passed during the recently completed 2007 session of the N.C. General Assembly. This is the second and final installment of a compilation of new laws...

N.C. Court of Appeals rules sex offender has no fundamental right to go to park.
October 15, 2007... Byline: Fred Horlbeck A town could keep a convicted sex offender out of its public parks, even though he had suffered a stroke and took his mother with him whenever he visited one, because a municipal ban on letting any such offender in...

Friends of the court: N.C. appellate courts are getting by with a little help from their friends.
October 15, 2007... Byline: Guy Loranger The state's appellate courts are getting by with a little help from their friends. Type "amicus" as a search term on the Administration of Courts Web site, and it will reveal that an amicus curiae brief has been...

BAR/BRI defenses are 'red herrings' in copyright case, N.C. Board of Law Examiners tells court.(diversionary arguments)
October 15, 2007... Byline: N.C. Lawyers Weekly Staff The N.C. Board of Law Examiners has asked a federal court to deny a motion to dismiss its lawsuit against the publishers of the BAR/BRI study guides for copying and distributing the NCBLE's copyrighted bar...

For Campbell law school, Raleigh is classroom in itself.(Campbell University School of Law transfers to its new location)
October 15, 2007... Byline: N.C. Lawyers Weekly Staff Campbell University's announcement that it would move its law school from Buies Creek to Raleigh by the fall of 2009 was in keeping with the urbanization of the state's law schools. Elon Law School in...

Texas real estate firm hit for $1.3M over flooded property.(Ebby Halliday Realtors Inc.)
October 15, 2007... Byline: Justin Rebello Although the liability case was fairly straightforward, plaintiffs' attorney Brian Lauten of Dallas faced the uphill battle of convincing jurors to award damages for non-physical injuries. In addition, the flooding...

N.C. Legal Obituaries: October 15, 2007.(Obituary)(Brief article)
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Dr. Robert C. Baxter Jr. Dr. Robert Clifton Baxter Jr of Elon died Oct. 4, 2007. Born in Wilmington, he graduated from Burlington High School in 1948. After serving in the Navy, he earned...

N.C. Court of Appeals Case Summaries: October 15, 2007.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Lesser Included Offenses - Differing Elements - Second- Degree Rape & Sexual Battery - Statutory Rape & Assault on a Female - Evidence - Confrontation Clause State v....

U.S. Bankruptcy Court Case Summaries: October 15, 2007.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Nondischargeability - PACA Trust - Defalcation - Personal Liability KGB International, Inc. v. Watford (In re Watford). (Lawyers Weekly No. 07-05-1181, 15 pp.) (Thomas W....

U.S. Court of Appeals 4th Circuit.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Attorneys Contract - Settlement - Authority - Civil Practice - Motion to Continue Steen v. Kennedy. (Lawyers Weekly No. 07-16-1167, 10 pp.) (John M. Tyson, J.) Appealed from Jackson...

U.S. District Court Middle District Case Summaries: October 15, 2007.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Bifurcation Motion - Discovery - Administrative - Schools & School Boards - 2003 & 2004 IEPs Wittenberg v. Winston-Salem/Forsyth County Board of Education. (Lawyers Weekly...

U.S. District Court Western District Case Summaries: October 15, 2007.
October 15, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Intellectual Property - Patent Infringement - California Defendant - Web site Links O'Donnell v. Animals Matter, Inc. (Lawyers Weekly No....

Winning big for Sea Eagle Racing, the brainchild of Asheville lawyer Harold Seagle.(Brief article)
October 22, 2007... Byline: North Carolina Lawyers Weekly Staff Chalk up a big win for Sea Eagle Racing, the brainchild of Asheville lawyer Harold Seagle. Equipped with a Porsche 911SC and lots of determination, Seagle, the driver, and navigator Stan...

Lawyers Weekly event in Raleigh honors work, skills of paralegals.
October 22, 2007... Byline: N.C. Lawyers Weekly Staff They interview clients and witnesses, research cases and statutes, draft documents and correspondence, pull together the loose ends of a case and keep a law office running as smooth as it can. ...

N.C. Bar Assn. president enlists paralegals in campaign to help poor.(North Carolina Bar Association's Janet Ward Black)
October 22, 2007... Byline: From Staff reports Paralegals, the unsung heroes of the legal profession, got a lot of praise along with a request to boost the cause of legal aid for the poor as a leading light of the North Carolina bar emphasized how essential...

Summit in Cary brainstorms answers to legal crisis of poor.
October 22, 2007... Byline: Guy Loranger Former UNC law school dean Gene Nichol called it "our greatest challenge as a profession, perhaps our greatest challenge as a nation." Basically, something that couldn't be solved over a long lunch. Making...

N.C. Court of Appeals Case Summaries: October 22, 2007.(North Carolina)
October 22, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Collateral Estoppel - Bankruptcy - Real Property - Motion to Dismiss - Summary Judgment Morris v. Moore. (Lawyers Weekly No. 07-07-1198, 8 pp.) (Wanda G. Bryant, J.)...

N.C. Supreme Court Case Summaries: October 22, 2007.
October 22, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Appeals - Notice of Appeal - Filing With Clerk - Service on Petitioner Blevins v. Town of West Jefferson. (Lawyers Weekly No. 07-06-1187, 1 p.) (PER CURIAM) From the Court...

U.S. Bankruptcy Court Case Summaries: October 22, 2007.
October 22, 2007... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Avoidance - Bonds - Collateral - Surety's Demand Hutson v. Greenwich Insurance Co. (In re E-Z Serve Convenience Stores, Inc.) (Lawyers Weekly No. 07-05-1194, 19 pp.) (Catharine...

U.S. Court of Appeals 4th Circuit Case Summaries: October 22, 2007.(United States of Appeals for the 4th Circuit)
October 22, 2007... Byline: North Carolina Lawyers Weekly Staff Antitrust Antitrust Standing - Consumer & Competitor Rule - Tolling Novell Inc. v. Microsoft Corp. (Lawyers Weekly No. 07-01-1218, 31 pp.) (Duncan, J.) No. 06-1134, Oct. 15, 2007; USDC at...

Commentary: N.C. appellate courts' treatment of Woodson amounts to reversal.(North Carolina; Woodson v. Rowland)
October 22, 2007... Byline: Mark McGrath Editor's note: Following is the second installment in a three-part commentary on Woodson v. Rowland and the appellate courts' handling of the Woodson exception since its inception 16 years ago. Aversion of this article...

N.C. Lawyers in the News: October 22, 2007.(North Carolina)
October 22, 2007... Byline: North Carolina Lawyers Weekly Staff Several attorneys have joined Smith Anderson in Raleigh. Armand A. Perry focuses on banking, capital markets, commercial transactions and mergers and acquisitions. The Columbia law grad previously...

Winston-Salem lawyer Elizabeth L. Quick honored.(Brief article)
October 22, 2007... Byline: North Carolina Lawyers Weekly Staff Winston-Salem lawyer Elizabeth L. (Betty) Quick of Womble Carlyle has been named the recipient of the seventh annual North Carolina Chief Justice's Commission on Professionalism Award, a release...

Cases can be heard even if service proof is lacking.
October 22, 2007... Byline: N.C Lawyers Weekly Staff In two per curiam decisions handed down Oct. 12, the Supreme Court revisited the issue of whether certain appellate rule violations require dismissals of appeals. Read together, the decisions indicate...

Fed Court in N.C. rules company's online list of N.C. retailers gives court personal jurisdiction.(North Carolina)
October 22, 2007... Byline: Fred Horlbeck North Carolina could assert personal jurisdiction over a California company whose Web site gave addresses, phone numbers and driving directions for N.C. retailers who sell its products, even though the company made no...

N.C. Court of Appeals rules defendants sent from trial to jail weren't in contempt.(North Carolina)
October 22, 2007... Byline: From Staff reports Tenants in an ejectment action were not in contempt of court, even though the judge said they owed back rent and jailed them immediately for not paying. There was no judgment for them to violate, the N.C. Court...

U.S. District Court Western District Case Summaries: October 29, 2007.
October 29, 2007... Byline: North Carolina Lawyers Weekly Staff Arbitration Labor & Employment - Tort/Negligence - Defamation & Other Claims Van Pelt v. UBS Financial Services, Inc. (Lawyers Weekly No. 07-04-1224, 11 pp.) (Robert J. Conrad Jr., Ch.J....

Sasser named to Superior Court in Bladen, Columbus counties.(district court Judge Douglas Bryon Sasser Sr.)(Brief article)
October 29, 2007... Byline: North Carolina Lawyers Weekly Staff District Court Judge Douglas Bryon Sasser Sr. has been named by Gov. Mike Easley to serve on the Superior Court in District 13A of Bladen and Columbus counties. He succeeds retiring senior...

N.C. Court of Appeals rules racing mower demo at courthouse was admissible.(North Carolina Court of Appeals)
October 29, 2007... Byline: Fred Horlbeck The noise that a souped-up riding mower made as it raced around a courthouse lawn was admissible in a nuisance action against a lawnmower raceway in Alleghany County, despite an objection from the track's owner at...

Fourth Circuit Court of Appeals unravels yarn buyers' suit.(United States Court of Appeals for the 4th Circuit)
October 29, 2007... Byline: N.C. Lawyers Weekly Staff Arbitration clauses in written confirmations from yarn manufacturers to buyers were enforceable, even though the parties had not discussed arbitration when they made oral agreements, the Fourth Circuit...