North Carolina Lawyers Weekly articles from September 2003

North Carolina Lawyers Weekly archives from September 2003

N.C. Lawyers In The News: September 1, 2008.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Jay Reeves was the guest speaker at the annual CLE meeting and luncheon of the High Point Bar Association. He talked about the new Rules of Professional Conduct and risk management issues. Reeves...

N.C. Appeals Court Rules Siblings' Antagonism Disqualified Son As Estate Administrator.
September 1, 2003... Byline: Michael Dayton Even though a Pamlico County man had statutory priority to administer his mother's estate, a Superior Court clerk could disqualify him because of antagonism with his sister, the Appeals Court ruled Aug. 19. The...

Injured Buffet Diner Loses 'Diverted Attention' Instruction In N.C. Supreme Court.
September 1, 2003... Byline: Ertel Berry A Southern Pines workshop attendee who tripped on an electrical cord while circling an eye-dazzling buffet was not entitled to a "diverted attention" instruction, the Supreme Court has held. The per curiam holding...

U.S. District Court Eastern District Case Summaries: September 1, 2003.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Veteran's Benefits - Assignment - Beneficiary's Payment - Valid Even though 38 U.S.C. 5301 prohibits the assignment of a veteran's disability benefits, since the debtor's...

U.S. District Court Middle District Case Summaries: September 1, 2003.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Due Process & Equal Protection - Standing - Municipal - Red Light Violations - Cameras - Fines - Schools & School Boards Where the plaintiff never made use of the adjudicative procedures for...

U.S. District Court Western District Case Summaries: September 1, 2003.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Redemption - Auto - Chapter 7 - Wholesale Even though, in a Chapter 13 case, the debtor is required to pay the creditor the replacement value of the vehicle to retain the...

Verdicts & Settlements September 1, 2003: Medical Malpractice - Failure To Test For Stroke Risk.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical malpractice Description of case: On May 6, 1999, the 51-year-old plaintiff went to her internist with complaints of a two month history of her "eyes changing." She...

N.C. High Court Okays Legal Malpractice, Workers' Comp Opinions.
September 1, 2003... Byline: Ertel Berry The Supreme Court will not review a case that said a domestic law client who waited until his appeals were over missed his chance to sue his lawyer for malpractice. That case, which addressed the doctrine of...

U.S. Court of Appeals 4th Circuit Case Summaries: September 1, 2003.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Counterfeit Money - Multiplicitous Charges - Speedy Trial Where defendant was found in a restaurant parking lot with 11 counterfeit bills in his possession, after a...

Verdicts & Settlements September 1, 2003: Vaginal Bleeding -- Placenta Previa -- Emergency C-Section.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Shortly after becoming pregnant, plaintiff, a 28-year-old who was in excellent health, began her prenatal care with the defendant doctor. At 15 weeks, plaintiff...

N.C. Supreme Court Case Summaries: September 1, 2003.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Attorneys Attorney-Client Privilege - Posthumous - Criminal Practice - Murder Suspect - First Impression Where the respondent-attorney's now deceased client was a suspect in a murder,...

Salisbury Lawyer Mona Lisa Wallace Establishes Service Fund.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Salisbury lawyer Mona Lisa Wallace has pledged $100,000 to Wake Forest's law school to establish the Mona Lisa Wallace Public Service Support Fund, the school has announced. The purpose of...

N.C Supreme Court Rules Attorney Must Disclose Client Statements To Judge.
September 1, 2003... Byline: Ertel Berry The Raleigh lawyer for the deceased lover of a woman whose husband was poisoned must disclose to a judge what his client told him, the state Supreme Court has ruled. Writing for a unanimous court, Chief Justice I....

N.C. Court of Appeals Unpublished Case Summaries: September 1, 20.
September 1, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Attorney's Fees - No Justiciable Issue - Landlord/Tenant - Commercial Lease - Cancellation - Lease Provision - Municipal Airport Where the parties' lease specifically...

U.S. Court of Appeals 4th Circuit Case Summaries: September 8, 2003.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Habeas Corpus - Capital Murder - Certificate of Appealability - Voluntary Intoxication A district court did not err in rejecting defendant's federal habeas petition...

U.S. District Court Eastern District Case Summaries: September 8, 2003.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Civil Rights - Title VII Claim - Civil Practice - Filing Time - In Forma Pauperis Application Even though the pro se plaintiff said in his fill-in-the-blank complaint...

Law Students In N.C. Learn Professionalism Expectations.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Judges and lawyers are volunteering to lead professionalism seminars for law students this fall, according to Mel Wright, director of the Chief Justice's Commission on Professionalism. During...

N.C. Court of Appeals Rules Trial Calendar, Not Motion Request, Set Hearing Date.
September 8, 2003... Byline: Michael Dayton Even though a defendant requested a hearing date for April 29, 2002, the plaintiff's lawyer could rely on the May 6 date on the trial court calendar, the Court of Appeals ruled Sept. 2. A trial court order had...

N.C. Appeals Court Revives Case Of Fireman Killed At RR Crossing.
September 8, 2003... Byline: Michael Dayton Even though a Fayetteville firefighter was struck and killed by a train after driving around a lowered crossing gate, his conduct was not negligence per se, the Court of Appeals ruled Sept. 2. The trial court...

N.C. Appeals Court Rules Mental Health Nurse Gets Comp For Work Stress.
September 8, 2003... Byline: Michael Dayton A nurse who worked with suicidal and disturbed patients in a mental health facility that allegedly had inadequate staff was entitled to workers' comp benefits for post traumatic stress disorder, the Court of Appeals...

Littler Mendelson Opens Office In Charlotte.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff The San Francisco-based employment and labor law firm of Littler Mendelson has opened an office in Charlotte, according to a firm release. Former Kilpatrick Stockton partner Marylin Culp is...

N.C. Business Court Case Summaries: September 8, 2003.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Attorneys Fees - Unfair Trade Practices - Refusal to Fully Settle - Multi- State Acts Even though the defendants made settlement offers, since they never made an offer which would have...

U.S. Bankruptcy CourtU.S. Bankruptcy Court Case Summaries: September 8, 2003.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Contract - Commercial - Sales - Car Financing - Modification Where (1) the debtor initially sought relief under chapter 13; (2) the confirmed plan required payments of $155 per...

U.S. District Court Middle District Case Summaries: September 8, 2003.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Insurance Commercial - Contract - Construction - Subcontractor - Cabinet Supplier - Defective Workmanship - No Occurrence Where poor workmanship could be anticipated by the subcontractor,...

U.S. District Court Western District Case Summaries: September 8, 2003.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Real Property Contract - Meeting of Minds - Equitable Estoppel - Statute of Frauds - New Post Office Even though the defendant agreed to sign the land sale contract if the plaintiff...

N.C. Lawyers In The News: September 8, 2008.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff The Chief Justice's Commission on Professionalism sponsored a CLE-approved professionalism program for the deputy commissioners of the NC Industrial Commission. The all day event, held at Exploris...

N.C. Business Court Rules Business Must Pay Attorneys' Fees For Refusal To Settle Dispute.
September 8, 2003... Byline: Ertel Berry Former officers of a scaffold rental business -- who already face $15 million in treble damages for luring scores of employees to a competitor -- must also pay $1.2 million in attorneys' fees. In so ruling, Business...

N.C. Court of Appeals Case Summaries: September 8, 2003.
September 8, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Motion to Dismiss - Calendar Request - Administrator's Calendar - Notice Where plaintiff's counsel received a calendar request form/notice of hearing from defense counsel...

U.S. Bankruptcy CourtU.S. Bankruptcy Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Eligibility - Prior Filing - Dismissal - Motion for Relief Where the debtor filed a prior Chapter 13 case, waited until the creditor requested a relief from the automatic stay,...

U.S. Court of Appeals 4th Circuit Case Summaries: September 15, 2003.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Administrative Environmental - Surface Mining Control - Attorney's Fees Where two environmental groups filed a complaint with the Office of Surface Mining & Reclamation regarding a mining...

U.S. District Court Eastern District Case Summaries: September 15, 2003.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Waiver - Subject Matter Jurisdiction - Substantial Claim - Supplemental Jurisdiction - Common Nucleus of Operative Fact Even though defendant...

U.S. District Court Middle District Case Summaries: September 15, 2003.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Contract - Referee - Deposition - Municipal Where the parties' contract named the defendant-city's manager as referee, and where the plaintiff contests the...

N.C. Appeals Court Rules Goodwill Valued At $0 For ED Despite $187,750 Estimate.
September 15, 2003... Byline: Ertel Berry A Robeson County judge properly valued the goodwill of a couple's bail bonding business at zero, even though an accountant chosen by the parties said it was worth $187,750, the Appeals Court held Sept. 2. The...

N.C. Lawyers In The News: September 15, 2008.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Former assistant DA Gary A. Price has joined the Lumberton firm of Smith, Dickey, Smith, Hasty & Dempster, where he will concentrate in criminal defense work. Edgar R. Bain, Alton D. Bain and...

First Case Alleging Auto Mold Opens In Watauga County.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff The first trial to hit the automotive industry involving allegations of injury from mold starts today in Watauga County, according to a press release by Duffus & Associates of Raleigh, the firm...

N.C. July Bar Exam Pass Rate At 70 Percent.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Seventy percent of the applicants taking the July bar exam have passed, giving the state 582 new lawyers, according to figures from the Board of Law Examiners. Among 835 hopefuls who took the...

U.S. Middle District Court Rules Contract Referee Could Be Deposed On Possible Bias.
September 15, 2003... Byline: Ertel Berry Even though a construction contract named the Greensboro city manager to referee disputes, that didn't give him the same shield from discovery that arbitrators normally have -- meaning he could be deposed to explore the...

North Carolina legal obituaries: September 15, 2003.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Burlington lawyer W. Clary Holt has died. Born in Greensboro, he went to undergraduate school at VMI, and attained his law degree at the University of North Carolina in 1938. He began...

N.C. Court of Appeals Unpublished Case Summaries: September 15, 20.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Domestic Relations Civil Practice - Appeals - Interlocutory - Parent & Child - Support - Post- Separation Support - Attorney's Fees Even though the order being appealed set the amount of...

U.S. District Court Western District Case Summaries: September 15, 2003.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Intellectual Property Patent Infringement Claim - Statement of Non- Assertion - Corporate - Piercing the Veil Where the individual defendants and their counsel expressed confusion...

U.S. Middle District Court Dismisses Drug Defect Suit Over Weak Evidence Of Link To Stroke.
September 15, 2003... Byline: Ertel Berry A woman who took a prescription drug to suppress lactation after giving birth -- then had a stroke a few days later -- has lost her products liability claim against the manufacturer. Chief U.S. Middle District Judge...

N.C. Business Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Standing - Indirect Purchaser - Statutory Amendment - Legislative Intent - Civil Practice - Interlocutory Appeal Even though indirect purchaser standing in antitrust cases...

Verdicts & Settlements September 15, 2003: CNA Sexually Assaulted Stroke Patient.
September 15, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Plaintiff, who was 68-years-old, suffered a stroke in 1987, causing partial paralysis of her right side. As a result of the paralysis, plaintiff resided at a nursing...

U.S. Court of Appeals 4th Circuit Case Summaries: September 22, 2003.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Drug Distribution - Eleven- Person Jury At defendant's trial on multiple counts related to a drug distribution ring operating out of Charlotte, N.C., the trial court...

N.C. Appeals Court Rules Separation Agreement Could Trump Support Guidelines.
September 22, 2003... 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 that the amount paid under a separation agreement was insufficient, the Appeals Court...

Verdicts & Settlements (September 22, 2003: Traumatic Brain Injury - $1M Settlement.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Motor vehicle negligence Description: Plaintiff Delia Hung suffered life-threatening injuries in a motor vehicle collision caused by defendant Jonathan Benson. Defendant...

Verdicts & Settlements September 22, 2003: Defendant Had Relationship With Plaintiff's Wife.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Alienation of affections and criminal conversation Injuries Alleged: n/a Name of Case: Donald Eugene Misenheimer v. James Clayton Burris and Randall Burris ...

Verdicts & Settlements (September 22, 2003: $2.24M Treble Damages Under Chapter 75.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Business Tort Injuries Alleged: Destruction of value of business Name of Case: Burch/Sarge, Inc. d/b/a SSI, plaintiff v. Enviro-Guard, Ltd., defendant Court/County:...

Verdicts & Settlements September 22, 2003: Wrongful Death - Driver Killed, Wife, Daughter Injured.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Wrongful Death Injuries Alleged: Wrongful death of decedent; personal injury to two other passengers Name of Case: Withheld Court/County: Alamance Case No.: 02...

N.C. Developer Pays $3.5M For Wreck On Icy Subdivision Road.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff A Mecklenburg County man who skidded off a subdivision's icy road into a tree has settled negligence claims against the developer for $3.5 million. The plaintiff, who was left paralyzed from...

Medmal Bill In N.C. Could Require Loser To Pay Legal Fees.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff The state Senate passed a medical malpractice bill last week that would require court-appointed experts to make a preliminary determination on liability -- and force the losing party to pay the...

Rules Clarified For Firms' Split Of Contingent Fee.
September 22, 2003... Byline: Michael Dayton A Sylva attorney whose firm spent 244 hours on a personal injury case -- only to be discharged by the client after a mistrial -- was entitled to recover $86,500 of the $183,750 contingency fee the client's second...

North Carolina legal obituaries: September 22, 2003.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Richard M. Drew Durham lawyer Richard Martin Drew, 60, died Sept. 15. Born in Anderson S.C., he practiced law in Durham for 35 years after graduating from Washington & Lee University and...

U.S. District Court Middle District Case Summaries: September 22, 2003.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Immediate Appeal - Certification Denied - Labor & Employment - Termination - Bankruptcy - Tort/Negligence - Defamation - Statute of Limitations Even though the court has...

Verdicts & Settlements September 22, 2003: Driver Lost Control On Icy Subdivision Road.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: The plaintiff sued for personal injury. According to the plaintiffs' counsel: The plaintiff moved into a new subdivision during the summer months. That winter as he was...

N.C. Lawyers In The News: September 22, 2008.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Bob Crumley, president and chief executive of Crumley & Associates, has been appointed to the board of directors of the Piedmont Triad Partnership Foundation as an at large member. Serving on the...

N.C. Court of Appeals Case Summaries: September 22, 2003.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Attorneys Fees - Discharged Counsel - Tort/Negligence - Personal Injury - Contingency Contracts - No Jury Trial Even though plaintiff's second counsel achieved a significantly better...

U.S. Bankruptcy CourtU.S. Bankruptcy Court Case Summaries: September 22, 2003.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Expenses - Incidentals - Percentage - 'Actual & Necessary' Even though the use of a percentage of allowed fees to reimburse incidental expenses might be more efficient and...

U.S. District Court Western District Case Summaries: September 22, 2003.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Labor & Employment FLSA - Overtime Exemption - Agricultural Workers - Christmas Tree Farm - Inapplicable - First Impression Even though Christmas tree workers are classified as...

Verdicts & Settlements September 22, 2003: Pilot Error - Passenger Killed In Crash - $800K Settlemen.
September 22, 2003... Byline: North Carolina Lawyers Weekly Staff Brief statement of claim: Plaintiff's decedent, Priscilla Shell ("Penny"), was killed when a private plane in which she was traveling as a passenger crash-landed near Elk Park, North Carolina....

U.S. Court of Appeals 4th Circuit Case Summaries: September 29, 2003.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Capital Murder - Death Penalty Notice The en banc 4th Circuit denies rehearing and rehearing en banc in this capital murder case in which a panel of the court held that...

Commentary: Ask the Risk Man: September 29,2003.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Plaintiffs' personal injury is the most risky area of law, according to an American Bar Association survey of legal malpractice claims. Two common mistakes: preparing shoddy pleadings and...

N.C. Lawyers In The News: September 29, 2008.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Marion lawyer A. Michael Edwards has been elected president of the McDowell County Bar Association for 2003. A 1985 graduate of the UNC law school, he served as chief assistant DA for the 29th...

N.C. Lawyers Debate Effect Of Fee Split Decision.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff A Sept. 16 Appeals Court opinion set out new guidelines for splitting a contingency fee award between two law firms, and trial lawyers have begun to debate how it will affect future cases. ...

U.S. Middle District Court Rules State Claims Over Financial Planning Advice Not Preempted.
September 29, 2003... Byline: Ertel Berry A federal securities law did not prevent former BellSouth employees from suing a brokerage firm in state court for allegedly dispensing bad retirement advice, a federal judge has ruled. At issue was the scope of the...

U.S. District Court Western District Case Summaries: September 29, 2003.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Venue - Contract - Forum Selection Clause - Severance & Transfer Even though the forum selection clause in the contract between the plaintiff and defendant Pomeroy...

Retirees In N.C. Bringing More 'Suitability' Claims Against Stockbrokers.
September 29, 2003... Byline: Michael Dayton The case of McPhatter v. Sweitzer (North Carolina Lawyers Weekly No. 03-03-1217, 14 pages) underscores a litigation trend in North Carolina: securities lawyers report a 30 percent or more spike in cases against...

N.C. Industrial Comm. Case Summaries: September 29, 2003.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Workers Compensation Course & Scope - Basketball Team - Off- Duty - No Sponsorship Even though the defendant-employer paid part of its employees' basketball team registration fee the...

N.C. Court of Appeals Unpublished Case Summaries: September 29, 20.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Default Judgment - Notice - Appearance Where the plaintiff moved for default judgment, and where defendant Robert Burr appeared at a subsequent motion hearing to contest...

U.S. Bankruptcy CourtU.S. Bankruptcy Court Case Summaries: September 29, 2003.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Proofs of Claim - Late Filing - Excusable Neglect - Corporate - Officers & Directors - Indemnification Where the debtors' officers and directors did not know until after the...

N.Y. Choice Of Law Enforced Despite Contrary N.C. Statute, Case.
September 29, 2003... Byline: Ertel Berry A jury trial waiver under a New York choice-of-law contract provision was enforceable, a federal judge has ruled -- even though the agreement wasn't signed in New York, neither party was chartered there, and a North...

N.C. Appeals Court Rules Paving Worker Hurt On Ice Cream Break Gets Benefits.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff A paving company employee who was hit by a car can collect comp for an on-the-job injury, even though he was returning from an ice cream break at a convenience store when the accident occurred,...

U.S. District Court Middle District Case Summaries: September 29, 2003.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Civil Practice Pleadings - Corporate Defendant - Related Entities - Amendment Where there are 34 or more related entities with similar names, the court is disinclined to penalize the...

Verdicts & Settlements September 29, 2003: Soft Tissue Neck, Back Injuries.
September 29, 2003... Byline: North Carolina Lawyers Weekly Staff Type of Action: Motor vehicle accident Injuries Alleged: Soft tissue neck and back Name of Case: Linda Hart Myers v. Lonnie Mason Wallace, et. al. Court/County: Johnston Case...