North Carolina Lawyers Weekly articles from September 2005

North Carolina Lawyers Weekly archives from September 2005

N.C. General Assembly passes workers' comp bill amending impairment and ex parte contact rules.(North Carolina)
September 5, 2005... Byline: Ertel Berry The General Assembly has passed a workers' comp bill that strengthens rules against alcohol and drug-related claims and eases a ban on ex parte contacts with treating physicians but sidesteps a host of more...

Federal judge rules surgeon can discover peer review records on bias claim.
September 5, 2005... Byline: Ertel Berry A surgeon who claimed the peer review process at Haywood Regional Medical Center was biased against him can get limited discovery of confidential minutes and records, a federal judge has held. However, only the...

N.C. in-state law graduates had overall pass rate of 83% on July Bar exam.(North Carolina)(Brief Article)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Chalk one up for the home teams. In-state law grads had an overall pass rate of 83 percent on the July Bar exam, significantly outshining their out-of-state counterparts, who had a success...

N. C. Lawyers in the News: September 5, 2005.(appointments)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Bob Clark has resigned from the Haywood County District Attorney's office after nine years of service, and has established a criminal practice in Waynesville. During his career, he also served as...

U.S. District Court Eastern District Case Summaries: September 5, 2005.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Attorneys Debt Collection - Unfair Trade Practices - Learned Profession Exemption - Tort/Negligence - Civil Conspiracy - Intra- Corporate Exception Even though the defendant-attorney is...

Obituaries of North Carolina attorneys Jane Sisco Atkins and William Horton Petree.(Brief Article)(Obituary)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Retired Raleigh lawyer Jane Sisco Atkins died Aug. 30. She was 58 years of age. Born in Asheville, she graduated from law school at Wake Forest and was admitted to the Bar in 1974. She...

Board governance seminar slated in Durham.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Marty Martin of the Martin Law Firm in Raleigh will discuss "Board Governance: Linking Performance and Prestige" on Friday, September 16, from 10 a.m. through 3 p.m. in Durham. The program is...

George Teague appointed to Univ. of North Carolina-Wilmington Board of Trustees.(Brief Article)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff George Teague, a partner with Nelson Mullins Riley & Scarborough in the law firm's Raleigh office, has been appointed to the board of trustees of the University of North Carolina at Wilmington....

Judge Patricia Timmons-Goodson announces her retirement from the North Carolina Court of Appeals.(Brief Article)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Appeals Court Judge Timmons-Goodson has announced her retirement effective Oct. 31. In a letter to Governor Easley, Judge Timmons-Goodson wrote: "I am humbled and immensely grateful to the...

Verdicts & Settlements September 5, 2005: Confidential $1.46 million medmal death.(Medical malpractice)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Medical negligence Injuries alleged: Wrongful Death Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried before: n/a Name...

Verdicts & Settlements September 5, 2005: Survivorship suit against nursing home.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Nursing home negligence, medical malpractice Injuries alleged: Pressure sores, contractures, malnutrition Name of case: Simmons v. Britthaven, Inc. Court/county:...

Verdicts & Settlements September 5, 2005: Family recovers $862,500 after nursing home death.(Brief Article)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Nursing home negligence, wrongful death Injuries alleged: Death Name of case: Confidential Court/county: Confidential Case no.: Confidential Tried before:...

N.C. drug-testing software company to merge with Florida company.(North Carolina)(merger between Etrials Worldwide and CEA Acquisition )(Brief Article)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Etrials Worldwide, a software developer that makes data-gathering tools for pharmaceutical companies, will merge with a publicly traded acquisition company and launch an expansion drive. ...

4th Circuit rules owner of Web site critical of Jerry Falwell did not violate trademark laws.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff The owner of a Web site critical of the Rev. Jerry Falwell's views on homosexuality did not violate trademark laws by using a misspelling of the evangelist's name as the site's domain name, a...

AOL to pay $1.25 million to settle NY state inquiry.(America Online)
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff America Online Inc., the world's largest Internet service provider, will pay $1.25 million in penalties and costs and reform some of its customer service practices to settle an investigation by...

Commentary: There's buried treasure in your documents.(document preparation)(Column)
September 5, 2005... Byline: Bruce L. Dorner Our paper documents are a legal treasure chest. Not only do they contain pearls of legal wisdom to be shared with our clients, but they also include buried artifacts that may be both beneficial and harmful. These...

Federal judge rules employee fired for refusing to work on Sunday can go to trial.
September 5, 2005... Byline: Ertel Berry A Lowe's employee who said he was fired for refusing to work on Sundays can go to trial on Title VII claims for religious discrimination, a federal judge has ruled. Although religious bias in the workplace is tough...

U.S. Court of Appeals 4th Circuit Case Summaries: September 5, 2005.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Social Security - Misleading Mailing Envelopes - Civil Penalty An administrative appeals board did not err in upholding a determination by an administrative law judge that...

U.S. District Court Western District Case Summaries: September 5, 2005.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Collateral Estoppel - Hospital Privileges - Revocation - Civil Practice - Race Discrimination Claim - Prior Action - Breach of Contract - Res Judicata Where the...

U.S. Bankruptcy Court Case Summaries: September 5, 2005.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Chapter 13 - Liquidated Debt - Corporate - Personal Petition Even if the $1,060,528.88 debt to the creditor were liquidated, since the creditor treated the account in which the...

N.C. Administrative Hearings: September 5, 2005.
September 5, 2005... Byline: North Carolina Lawyers Weekly Staff Environmental Administrative - Erosion Setback - Real Property - Municipal - Zoning - Single- Family Dwelling Where the respondent failed to establish the beach vegetation line that...

Durham attorney feels personal responsibility for her employee's quality of life.(Faith Herndon)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Managing a small law firm is like having two families, says Durham attorney Faith Herndon and that makes her feel personally responsible for her employees' quality of life. "There's your...

Three law firms receive Balanced Life Workplace Awards from N.C. Assn. of Women Attorneys.(Law Office of Faith Herndon)(Allen and Pinnix)
September 12, 2005... Byline: Ertel Berry Three law firms, ranging in size from a two-attorney office in Durham to a 100-plus lawyer firm headquartered in Charlotte, have received Balanced Life Workplace Awards from the North Carolina Association of Women...

Corporate caption confusion results from Internet search in employment discrimination case.
September 12, 2005... Byline: Michael Dayton Corporate names can be searched online at the Secretary of State's Web site, but lawyers should be careful when using that information to name a defendant, a U.S. District Court opinion shows. In Small v....

N.C. Lawyers in the News: September 12, 2005.
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Greensboro lawyer Jessica M. Marlies has been elected treasurer of the environmental and natural resources section of the N.C. Bar Association. She practices at Brooks Pierce McLendon Humphrey &...

Rural Court Initiative Commission schedules meeting in five N.C. counties.(Brief Article)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff The Rural Courts Initiative Commission, formed this summer by Chief Justice I. Beverly Lake Jr. to inquire into the needs of the state's rural courts, has scheduled meetings in five counties in...

Verdicts & Settlements September 12, 2005: Delayed eye infection diagnosis settled for $4.87M.(cases)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: A civil lawsuit was filed in Superior Court in North Carolina by a 44-year-old African-American man and his wife against the employer of three physicians who were alleged to have...

Verdicts & Settlements September 12, 2005: Homeowner recovers $120,000.(Willard v. Wren)(Brief Article)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Negligence Construction Mold Injuries alleged: Property damage to plaintiff's house (moisture damage, mold proliferation) Name of case: Willard v. Wren ...

Commentary: Commercial general liability insurance: The subcontractor coverage exclusion.(Insurance Services Office Inc)
September 12, 2005... Byline: William A. Oden III Contractors Think your insurance will protect you from your subcontractors' mistakes? Think again. For decades, general contractors and trade contractors who subcontracted work could rely on their...

U.S. Court of Appeals 4th Circuit Case Summaries: September 12, 2005.(U.S. v. Amaya-Portillo)(Richmond Medical Center for Women v. Hicks.)(United Kingdom Ministry of Defence v. Trimble Navigation Ltd.)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Unlawful Entry - Sentencing - 'Aggravated Felony' A Salvadoran defendant who was deported for cocaine possession, a misdemeanor offense under Maryland law,...

William Gammon named chair of construction law section of North Carolina Bar Association.(Brief Article)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff William Gammon has been named chair of the construction law section of the North Carolina Bar Association. Gammon, based in the Raleigh office of Nelson Mullins Riley & Scarborough LLP,...

N.C. newspaper study finds high mortgage rates four times as likely for blacks.
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Blacks who bought homes across America last year were four times as likely as whites to get mortgage loans at high interest rates instead of lower market rates, a study conducted by The Charlotte...

ABA Section to hold seminal conference in Nashville on environmental law.(American Bar Association)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Up-to-the-minute information on leading environmental issues, including the future of environmental law under a new Supreme Court, the impact of Congress' controversial new energy bill, and the...

Bryan Rosenberg named senior VP for United General Title Insurance Co.(Brief Article)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Bryan Rosenberg has been named senior vice president and North Carolina state manager for United General Title Insurance Co. Rosenberg was recruited to expand operations in North Carolina for...

HVAC contractor pays $120,000 to homeowner over rotted floor, mold claims.
September 12, 2005... Byline: Ertel Berry A Wilmington homeowner has recovered $120,000 on claims that moisture from a "zone" air-conditioning system spread through her house, leaving behind a trail of rotten floors and toxic mold. "They found a carnival of...

U.S. District Court Western District Case Summaries: September 12, 2005.(Small v. Delhaize America Inc.)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Pleadings - Amendment - Relation Back - Corporate - Subsidiary - Labor & Employment - Discrimination Claims Where the plaintiff filed her EEOC charge against "Food Lion,"...

N.C. Court of Appeals Case Summaries: September 12, 2005.(Charter Medical Ltd. v. Zigmed Inc.)(Property Rights Advocacy Group v. Town of Long Beach)(American Treasures Inc. v. North Carolina)
September 12, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Constitutional - Due Process - Insufficient Contacts - N.J. Corporation - N.C. Delivery Where the parties contracted in New Jersey for the defendant...

Balanced Life Workplace Awards announced by N. Carolina Assn. of Women Attorneys.(Allen and Pinnix, a law firm gets award)
September 19, 2005... Byline: Ertel Berry Lynn Calder knows what it's like to balance a legal career with a life away from the office hundreds of miles away, in her case. For four years, Calder, a shareholder in the nine-member Raleigh firm of Allen and...

Physician's assistant could establish causation at workers' comp hearing.
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff A physician's assistant who helped treat a Wal-Mart employee for back and chest pain could testify as an expert witness at the Industrial Commission to establish medical causation, the Court of...

Appeals Court upholds award against DOT on wet road hazard.(Department of Transportation)
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff The Appeals Court has affirmed a $500,000 tort claims award to the family of a Camden County motorist who slid into a bridge after hitting a "pond" of standing rainwater only six days after...

North Carolina Lawyers in the News: September 19, 2005.(appointments, awards and location)
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff Ed Winslow, managing partner of Brooks, Pierce McLendon, Humphrey & Leonard in Greensboro, has been reappointed to the N.C. General Statutes Commission. He is general council of the N.C. Bankers...

U.S. Court of Appeals 4th Circuit Case Summaries: September 19, 2005.
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Military Detention - Enemy Combatant Jose Padilla, a U.S. citizen who associated with forces hostile to the U.S. in Afghanistan, and who later entered the U.S. from Pakistan...

U.S. District Court Eastern District Case Summaries: September 19, 2005.(KustomKoozies, LLC)
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Subject Matter Jurisdiction - Declaratory Judgment Action - Intellectual Property - Trademark - 'Koozie' Where the defendant began threatening litigation in its first...

U.S. District Court Western District Case Summaries: September 19, 2005.
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Federal Jurisdiction - Federal Question - Labor & Employment - Tort/Negligence - IIED Where the plaintiff's state-court complaint only states a claim for intentional...

U.S. Bankruptcy Court Case Summaries: September 19, 2005.
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Securities Fraud - Fraudulent Transfer - Real Property - Law of the Case - Consideration Where, before the debtor filed her bankruptcy petition, the plaintiff obtained a state...

NC Court of Appeals Unpublished Case Summaries: September 19, 2005.(North Carolina )
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Standing - Appeals - Public Utilities - Water Service Even though the property owners' association operates the water system for its subdivision, since the water system is...

NC Office of Administrative Hearings Case Summaries: September 19, 2005.(North Carolina)
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff Where the petitioner needs three sessions of physical therapy per week to prevent complications of spinal muscular atrophy, physical therapy is not "maintenance" for him but instead is a medical...

Verdicts & Settlements (September 26, 2005) Federal jury awards $63K for trooper's transfer.(Brief Article)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Verdicts & SettlementsType of action: Retaliation in employment Injuries alleged: Compensatory; pain and suffering Name of case: Brand v. North Carolina Crime Control Court/county:...

Coman claim dismissed on small employer exemption.(Coman v. Thomas Mfg. Co., 325 N.C. 172, 381 S.E.2d 445 (1989).)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff A Gaston County lawn maintenance business that employed fewer than 15 workers could not be sued under state law for wrongful discharge based on age discrimination, the Appeals Court held Sept. 20....

N.C. Court of Appeals rules Cape Fear boater hit by tree gets trial against Riverbank business.
September 26, 2005... Byline: Michael Dayton A Cape Fear boater who was left paraplegic when a tree fell on him near a company's boat ramp can go to trial on claims of premises liability, the state Court of Appeals ruled Sept. 20. The case is Wallen v....

Balanced Life Workplace Awards announced by N. Carolina Assn. of Women Attorneys.(North Carolina)
September 26, 2005... Byline: Ertel Berry Achieving a balance between professional and personal life isn't just a goal for attorneys at Robinson, Bradshaw & Hinson, P.A. it's an expectation, according to the Charlotte and Rock Hill, S.C. firm's Web site. ...

N.C. Lawyers in the News: September 26, 2005.(North Carolina )(appointments and award)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff David H. Harris, Jr., former executive director of the Lawyers' Committee for Civil Rights (Boston Bar) and the North Carolina Land Loss Prevention Project, has joined Durham's Frances Dyer law...

Dr. Kathy Reichs to speak at Law & Society Luncheon in Charlotte.
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Does the media affect perceptions and prejudices in the courtroom? Dr. Kathy Reichs, renowned novelist, international forensic anthropologist, and inspiration for the Fox TV series called Bones,...

Atlanta-based Fisher & Phillips LLP establishes foundation to aid its employees displaced by Katrina.(Brief Article)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Fisher & Phillips LLP has established a charitable foundation to provide financial assistance to the 28 attorneys and staff members in its New Orleans office displaced by Hurricane Katrina and the...

Assistant U.S. Attorney joins Alston & Bird's law firm in Charlotte.(Anne Tompkins)(Brief Article)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff The law firm of Alston & Bird has announced that Anne Tompkins, a federal prosecutor, has joined the firm as a partner in its Government Investigations & Compliance group. Tompkins, who...

Charlotte-based Parker Poe attorneys to host seminar.(Brief Article)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff The seminar "Dissecting the Purchase Agreement," will feature Parker Poe attorneys Debra E. Kleman, Roy "Skip" L. Smart, Steven D. Weber and Edward "Ward" W. Wellman Jr. on Wednesday, Oct. 19 at...

U.S. Court of Appeals 4th Circuit Case Summaries: September 26, 2005.(cases of vivil rights, employee termination, employee benefits)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights First Amendment - Restricted Speech - Outdoor College Campus A policy of the University of Maryland at the flagship College Park campus that restricts speech in outdoor areas...

N.C. Court of Appeals Case Summaries: September 26, 2005.
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Civil Practice - Appeals - Standard of Review - Former Statute - Medicaid - Psychiatric Treatment - Crisis Intervention Where the respondent-agency failed to provide a...

Verdicts & Settlements (September 26, 2005) Wreck plaintiff awarded claim for neck injury despite me.
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Verdicts & SettlementsType of action: Motor vehicle accident Injuries alleged: Herniated disk C6-7 Name of case: Confidential Court/county: Confidential Case no.: Confidential...

Verdicts & Settlements (September 26, 2005) Family of appliance assembler killed recovers $487,500.(Brief Article)
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Verdicts & SettlementsType of action: Wrongful death Injuries alleged: Death Name of case: Wooten v. Plus Enterprizes, Inc. Court/county: Craven County (case settled before filing)...

Commentary: Are my retirement benefits exempt from creditors' claims?
September 26, 2005... Byline: Craig Dalton Clients often ask their estate planners whether or to what extent retirement benefits are exempt from creditors' claims. In many situations, the answer has not been clear. However, recent case law and the Bankruptcy...

Commentary: Ask the risk man.
September 26, 2005... Byline: North Carolina Lawyers Weekly Staff Baseball can teach us a lot about the law. On the field, we see home runs and dropped balls and squeeze plays. We appreciate the value of teamwork. We learn, as Yogi says, that 99 percent of...