North Carolina Lawyers Weekly articles from September 2007

North Carolina Lawyers Weekly archives from September 2007

Document management and the Raiders of the Lost Fax.(Internet fax services)
September 3, 2007... Byline: Steve Adams At its heart, document management is simply about information storage and retrieval. You file a document somewhere until it's needed and then you get it. The reality, though, isn't quite that simple. In fact, for...

Interviews, applications are first defense against employment suits.
September 3, 2007... Byline: Mitch Baker Dolan Media Newswires ROCHESTER, N.Y. — Question: It seems as though there are so many lawsuits filed against employers these days, many of which turn out to be completely frivolous. Is there anything we can do to...

N.C. lawyer has front-line authority in disasters.(North Carolina)(Craig Cannon)(Disaster Legal Services)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Craig Cannon doesn't go looking for disaster relief projects. They find him. As the national coordinator for Disaster Legal Services for the American Bar Association's Young Lawyers Division,...

Judge Arrowood looks forward to homecoming at Court of Appeals.(Judge John S. Arrowood)(Brief article)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff When Judge John S. Arrowood enters the Court of Appeals building Friday for his swearing-in as the newest addition to the fifteen-member court, he won't be walking in as a stranger to the court...

North Carolina Lawyers in the News: September 3, 2007.
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Crumley & Associates has announced two new practice group leaders: Michael T. Brown Jr. in the workers' compensation group; and James M. Roane III in the litigation practice section. Marcus E....

N.C. Supreme Court justices to review injunction on Bar in case against lawyer.(North Carolina)(Willie Gilbert II)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff The state Supreme Court has granted the State Bar's petition for discretionary review of a Court of Appeals decision that upheld a Durham lawyer's successful effort to hold on to his law license....

North Carolina Supreme Court censures judge for ex parte order.(Judicial Standards Commission)(Judge Theodore Royster)
September 3, 2007... Byline: Fred Horlbeck The N.C. Supreme Court has censured a district judge for setting aside another judge's order to arrest a defendant and hold him until he paid more than $18,000 in child support. The ruling, issued Aug. 24,...

Womble Carlyle lawyers clear legal quagmires in New Orleans disaster zone.(The New Orleans Project)
September 3, 2007... Byline: Guy Loranger All of the TV images he saw and articles he'd read should have steeled Cris Windham for what he would face when he arrived in New Orleans last July. Then again, maybe nothing could have prepared him for it. ...

646 pass bar, ready to get North Carolina licenses.(July 2007 bar examinations results)(Brief article)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Letters bearing good news went out to more than 600 applicants last week as the N.C. Board of Law Examiners announced the results of the July bar exam. Of the 894 applicants who took the...

New laws aim at protecting North Carolina homeowners.(Consumer Real Estate Settlement Protection Act)
September 3, 2007... Byline: Guy Loranger North Carolina is again trying to stay ahead of the curve on mortgage issues. In 1999, the state became the first in the country to enact predatory lending legislation and, in 2001, it adopted a string of mortgage...

New Bar Admittees.(List)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff This list shows successful applicants to the July 2007 North Carolina Bar Examination who have met all requirements for licensure as of August 29, 2007. Requirements include (but are not...

Friendships cross lines for Gonzales' replacement.(Attorney General Alberto Gonzales)(Solicitor General Paul Clement)(Brief article)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff WASHINGTON — Paul Clement, who will serve as interim attorney general, is a meticulous, affable conservative with friends across the political spectrum. As solicitor general, Clement...

Despite marijuana, officer had no reason for arrest.(Brief article)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff WAUSAU, Wis. — A state appeals court last week reversed the drug conviction of a man who dropped a bag of marijuana in front of a police officer, saying the officer didn't have enough reason...

Sole survivor of jet crash sues designer of runway.(AVCON Inc.)(James Polehinke)(Brief article)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff LEXINGTON, Ky. — A co-pilot who was the lone survivor of a plane crash in Lexington that killed 49 people has sued the company that designed the runway and taxiway lights at Blue Grass...

TV judge drops Spector, murder trial, and conflict.(Phil Spector)(Bruce Cutler)(Brief article)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff LOS ANGELES — Bruce Cutler, the often-absent lead lawyer in the Phil Spector murder trial, announced last week he is leaving the case because of "a difference of opinion between Mr. Spector...

Federal court upholds ban on metal baseball bats for kids.
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff NEW YORK — A judge last week upheld the city's closely watched ban on metal bats in high school baseball games, saying it was not his place to overturn a law that was approved by a local...

How to become a rainmaker.((Q&A))(Christine Cartwright Baker )(Interview)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Christine Cartwright Baker tells about the best practices of personal marketing for women attorneys, covering a range of issues from asking for referrals to getting the word out about...

NC Court of Appeals Unpublished Case Summaries: September 3, 2007.(North Carolina)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Entry of Default - No Extraordinary Circumstances - Summary Judgment - Breach of Contract - Korean Defendant Dental Ceramic Art, Inc. v. Kwon. (Lawyers Weekly No....

Verdicts & Settlements September 3, 2007: Death suit due to surgery complications settles for $1.15M.
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Wrongful death Injuries alleged: Death due to complications from surgery Name of case: Confidential Court: Durham County Superior Court Case number: Confidential...

Verdicts & Settlements September 3, 2007: Suit against N.C. couple accused of fraud settles at $707K.(North Carolina)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff A peace offering of Moon Pies could not stave off a lawsuit by an elderly brother and sister who accused a Surry County couple of bilking them out of their life savings. The defendants, a...

Verdicts & Settlements September 3, 2007: Vehicle collision results in $350,000 settlement.
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury Injuries alleged: Bilateral knee injuries requiring knee replacement Name of case: Confidential Court: Durham County Superior Court Case number:...

Raleigh lawyer Jack Powell Gulley dies.(Wake County Bar Association )(Obituary)
September 3, 2007... Byline: North Carolina Lawyers Weekly Staff Raleigh lawyer Jack Powell Gulley died Aug. 22 at age 69. Born in Johnston County, he graduated from Clayton High School and the University of North Carolina, where he was Phi Beta Kappa. He...

D.C. appeals to U.S. Supreme Court on order against handgun ban.(District of Columbia)(Brief article)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff The District of Columbia last week appealed to the U.S. Supreme Court to overturn a lower court ruling that struck down the city's 30-year-old ban on private handgun ownership. A federal...

Lawyers in line for $17M after snuff settlement.(Brief article)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff Wisconsin snuff users could each get $816 in coupons allowing them to buy smokeless tobacco at a large discount over the next 20 years as the result of a class action lawsuit. The 2002...

Casino's invitations, perks focus of claim by gambler.(Jenny Kephart)(Brief article)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff A judge is considering whether the legal fight between a southern Indiana casino and an admitted problem gambler from Tennessee should include her arguments that she was improperly enticed with...

What's better than eating nails? Being a lawyer, Coney Island sideshow performer says.(Eak the Geek a.k.a Eduardo Arrocha)(Brief article)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff A tattoo-covered Coney Island sideshow performer who specializes in eating nails says he's found a new calling: becoming a lawyer. "I know it sounds weird, but I want to be a freak lawyer,"...

How to become a rainmaker, part II: Q&A with Christine Cartwright Baker.(Interview)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff Editor's note: In this interview, the second installment in our two-part series, Christine Cartwright Baker tells how women lawyers can develop their potential to be rainmakers. She offers advice...

Attorneys stepping in to help homeowners avoid foreclosure.
September 10, 2007... Byline: Reni Gertner Dolan Media Newswires As the number of foreclosures across the country skyrockets, attorneys are stepping in to help clients keep their homes. In most instances, something can be done to stop a foreclosure, said...

ABC's 'Extreme Makeover: Home Edition' uses loophole to help winners avoid taking tax hit, but critics wonder.
September 10, 2007... Byline: Adam Johnson Dolan Media Newswires With the completion of the Swenson-Lee home in Minnetonka, Minn., ABC's "Extreme Makeover: Home Edition" has given 100 families mortgage-free homes beyond their wildest dreams. But how do the...

N.C. Business Court Case Summaries: September 10, 2007.(North Carolina)(Case overview)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Venue - Contract - Forum Selection Clause - Future Negotiations Sony Ericsson Mobile Communications USA, Inc. v. Agere Systems, Inc. (Lawyers Weekly No. 07-15-1079, 10 pp.)...

U.S. Court of Appeals 4th Circuit Case Summaries: September 10, 2007.(Martin v. Stewart)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Jurisdiction - Burford Abstention - Video Poker - S.C. Law Martin v. Stewart. (Lawyers Weekly No. 07-01-1078, 33 pp.) (Motz, J.) No. 06-1829, Aug. 29, 2007; USDC at...

Verdicts & Settlements September 10, 2007: Licensing board issues award for defective construction.(Case overview)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Defective construction and demolition Injuries alleged: Cost to demolish existing house and replace with a comparable house Special damages: Professional inspection and...

Risky deals, lack of scruples contribute to subprime mortgage problem.
September 10, 2007... Byline: Tracy Coenen Dolan Media Newswires The recent focus on the near-collapse of the subprime mortgage market has raised some interesting issues regarding fraud. Some borrowers are unable to meet their obligations due to legitimate...

Balance risks, rewards before getting home equity line of credit.
September 10, 2007... Byline: Gary S. Williams Dolan Media Newswires Any bank or mortgage broker who wants to loan you money for a home equity line knows it's in his best interest to lend right up to your credit limit. They make more money that way. Yet...

Wake County, Tenth Judicial associations receive ABA's Gambrell Award.(E. Smythe Gambrell Award)(Brief article)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff The Wake County Bar Association and the Tenth Judicial District Bar are recipients of the American Bar Association's E. Smythe Gambrell Award. The award was presented last month during a...

S.C.-based Homesley Goodman & Wingo to host Blues & Burritos benefit for charity.
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff The Seventh Annual Blues & Burritos will be held on Friday, Sept. 21, on the front lawn of Homesley, Goodman & Wingo at 330 South Main Street in Mooresville. The firm pays for the event....

N.C. Lawyers in the News: September 10, 2007.(North Carolina)(Center for Entrepreneurial Studies at University of North Carolina's Kenan-Flagler School of Business)(Spilman Thomas & Battle)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff At the invitation of the Center for Entrepreneurial Studies at UNC's Kenan-Flagler School of Business, Smith Anderson partners Merrill Mason and Benji Jones and firm associates Andrew Fisher and...

Chief Justice (Ret.) of the Cherokee Supreme wins ABA's Flaschner Award.(Harry C. Martin wins American Bar Association's National Conference of Specialized Court Judges)(Brief article)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff Harry C. Martin, Chief Justice (Ret.) of the Cherokee Supreme Court, was selected by the American Bar Association's National Conference of Specialized Court Judges as the recipient of the Franklin...

State must pay for common area condemnation, rules N.C. Court of Appeals.(North Carolina)(Fernwood Hill Townhome Homeowners' Association, Inc.)
September 10, 2007... Byline: Guy Loranger The state must compensate lot owners for condemning a piece of their townhouse community's common area, the Court of Appeals has ruled in a first-impression decision. The development's individually owned lots and...

Electronic data discovery: 'EDD' imposes challenges.
September 10, 2007... Byline: Fred Horlbeck In 2003, a company called Nextra Litigation Solutions, a subsidiary of the Nexsen Pruet Adams Kleemeier law firm, opened an office in downtown Columbia, S.C., and began an experiment combining business, law, and...

Forum-selection clause enforceable, rules N.C. Business Court.(North Carolina)
September 10, 2007... Byline: Guy Loranger A company being sued in North Carolina could enforce the forum-selection clause in its "stop-gap" agreement with the plaintiff, even though the company had previously filed notice of designation, the Business Court...

Trial court can hear comp insurance issue, rules N.C. Court of Appeals.(North Carolina Industrial Commission)(Declaratory Judgement Act)
September 10, 2007... Byline: Guy Loranger The proper forum for a plaintiff to seek a declaratory judgment on the contract between his employer and his employer's insurance provider in a workers' compensation claim was superior court -- not the Industrial...

Public summit on justice to bring N.C. leaders together Oct. 12.(Summit on Civil Access to Justice in North Carolina)
September 10, 2007... Byline: North Carolina Lawyers Weekly Staff The Summit on Civil Access to Justice in North Carolina, a historic gathering of stakeholders in the state's judicial system, will take place Friday, Oct. 12, according to the N.C. Bar...

U.S. Bankruptcy Court Case Summaries: September 17, 2007.
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Discharge Injunction - Contempt - Valid Lien - Attempted Repossession Almond v. Ford Motor Credit Co. (Lawyers Weekly No. 07-05-1099, 18 pp.) (Thomas W. Waldrep Jr., J.)...

U.S. Court of Appeals 4th Circuit Case Summaries: September 17, 2007.(Case overview)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Reopening Proceedings - Post- Departure Motion William v. Gonzales. (Lawyers Weekly No. 07-01-1094, 26 pp.) (Shedd, J.) No. 06-1284, Sept. 6, 2007; On...

U.S. District Court Eastern District Case Summaries: September 17, 2007.
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Rights Constitutional - Due Process & Equal Protection - Contract - Fairground Concert - Municipal - Noise Ordinance Violation Bennett v. Monette. (Lawyers Weekly No. 07-02-1096, 12...

Verdicts & Settlements September 17, 2007: Accident verdict leads to $500K high-low settlement.
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Motor vehicle collision Injuries alleged: Broken bones in the right hand and foot; 21 percent permanent partial impairment to the right hand; 25 percent partial impairment to...

Verdicts & Settlements September 17, 2007: Automobile injury case results in $2.97M settlement.
September 17, 2007... Byline: Guy Loranger Type of action: Negligence Injuries alleged: Blunt trauma to the abdomen and multiple bone fractures Name of case: Bailey v. Southern Equipment Company, Inc. Case number: 05 CVS 723 Court: Johnston...

Was Janet Jackson show indecent? FCC, CBS trade arguments.(Federal Communications Commission; CBS Broadcasting Inc.)(Brief article)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff CBS took many precautions before airing the 2004 Super Bowl halftime show with Janet Jackson's notorious "wardrobe malfunction," an attorney for the company said last week. The broadcaster is...

'Fighting Sioux' nickname, logo at center of University of North Dakota lawsuit.(Brief article)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff The NCAA is asking a judge to reconsider an earlier order limiting the scope of the University of North Dakota lawsuit over use of its "Fighting Sioux" nickname. The NCAA considers the...

Justice Clarence Thomas: Supreme Court's critics 'don't know anything about it'.
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Divisive issues like abortion will come to seem almost quaint compared to some of the complex matters that will soon confront the U.S. Supreme Court, Justice Clarence Thomas told an audience at...

Commentary: 4th Circuit divides over reaffirming prohibition against private releases of FMLA claims.(United States Court of Appeals for the 4th Circuit)(Family and Medical Leave Act)
September 17, 2007... Byline: David Bubberly, Molly Hughes and John Emerson On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release...

Commentary: A fair way to judge our judges.
September 17, 2007... Byline: Chris Heagarty People say they want fair judges, but most often what they really mean is that they want a judge that would rule in favor of the side of an argument they support. The true duty of our judges is to be guided by...

N.C. Lawyers in the News: September 17, 2007.(North Carolina)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Jolinda J. Babcock, a partner with the Winston-Salem law firm of Robinson & Lawing, has been named the 2007-2008 chair of the N.C. Bar Association's workers' compensation section. She has...

U.S. Senate names Osteen to Middle District of N.C. bench, Reidinger to Western District.(Middle and Western District Courts of North Carolina)(William Osteen Jr.)(Martin Reidinger)(Brief article)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff William Osteen Jr. has been confirmed to serve as a U.S. District Court Judge for the Middle District of North Carolina, headquartered in Greensboro. His father, Judge William Osteen Sr., is...

'De-equitization' stirring big-firm partner ranks.(law firms)
September 17, 2007... Byline: Dick Dahl Dolan Media Newswires Back in the good old days, attorneys could bank on the security of a law-firm partnership — an inner sanctum that provided not only money, but membership in an elite group that took care of its...

Love and marriage ... and some handy financial tools.(wedding gifts for a newly wed couple)
September 17, 2007... Byline: Sarah Colwell Dolan Media Newswires My little brother married his college sweetheart this past weekend, and instead of getting him a set of knives or towels, I decided to give him something he could really use to help his life and...

Nursing care facility can't argue N.C. citation unenforceable, rules OSHA Review Comm.(North Carolina; Occupational Health and Safety Review Commission)(Case overview)
September 17, 2007... Byline: Fred Horlbeck A citation against a nursing care company accused of violating state health rules will stay in effect, despite the defendant's claim that it enforces an advisory recommendation, the Occupational Health and Safety...

N.C. Court of Appeals: Default entry did not prohibit summary judgment.(North Carolina)(Case overview)
September 17, 2007... Byline: Guy Loranger Summary judgment could be entered against a defendant who failed to answer requests for admissions despite his claim he did not respond because there already was a default entry in his case, the Court of Appeals has...

N.C. Bar Association's judicial evaluation program will launch in coming months.(North Carolina)
September 17, 2007... Byline: Guy Loranger Nobody at work wants to tell you what kind of job you're doing. Instead, you find out in newspapers or in radio ads by someone trying to boot you from office. Welcome to the life of a judge. That could change,...

E-discovery prompts another look at civil procedure rules.(electonic discovery)
September 17, 2007... Byline: Fred Horlbeck In December 2006, the digital age gained official recognition as a major force in the practice of law as amendments to the Federal Rules of Civil Procedure made it clear that electronic discovery is here to stay. ...

N.C. Lawyers Weekly wants to know about lawyers' first courtroom experience.(North Carolina)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff If there is such a thing as a baptism by fire for a lawyer, it's the first time he or she walks into a courtroom. It may be a quick hearing or a full-blown trial, but when you first step up before...

N.C. Administrative Hearings Case Summaries: September 17, 2007.(North Carolina)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Administrative - Lethal Injection Protocol - Consciousness - Physician Monitoring Conner v. North Carolina Council of State. (Lawyers Weekly No. 07-09-1097, 17 pp.)...

N.C. Court of Appeals Case Summaries: September 17, 2007.(North Carolina)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Felony Child Abuse - Substantial Evidence - Circumstantial - Alternative Theories of Guilt - Not Inconsistent - Mistrial Motion State v. Parker. (Lawyers Weekly No....

NC Court of Appeals Unpublished Case Summaries: September 17, 2007.(North Carolina)(Case note)
September 17, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Default Judgment - Challenges - Rule 60 Motions - Inexcusable Neglect - Res Judicata Tyler & Associates, Inc. v. Barfield. (Lawyers Weekly No. 07-16-1091, 10 pp.) (Rick...

Oregon amendment shuts down speeding on private roads.
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff The window of opportunity has closed for speeders in Sunriver. Sunriver Police Chief Mike Kennedy and his officers were forced to scale back their ticketing authority in February because a...

Arkansas Appeals Court ruling clouds use of misdemeanor warrants in state.(North Carolina)(Brief article)
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Some law enforcement agencies in Arkansas have stopped serving warrants for most misdemeanors after an Arkansas Appeals Court ruling found that criminal procedures call for issuing citations to...

President George W. Bush's attorney general nominee is veteran of terrorist cases.(Michael Mukasey)
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff President George W. Bush's nominee for attorney general is intimately familiar with the United States' legal battles over terrorism. Retired judge Michael Mukasey played a central role in such...

Commentary: Why good employees leave - and how to retain more of them.(Column)
September 24, 2007... Byline: Gregg Gregory, CSP Vickie left the mortgage company she worked with for several years for a competitor and a promotion. No one could blame her for leaving; after all, she had dreams of her own to pursue. Vickie was...

N.C. Lawyers in the News: September 24, 2007.(Bill Brian; S. Quon Bridges; Lisa Angel)(Brief article)
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Bill Brian has become chair of Kennedy Covington's 23-attorney land use and zoning practice section. In practice at the firm's RTP office, Brian was recently named chair of the North Carolina Bar...

WUNC to name new studio in honor of Hutchison Law Group's efforts.(Hutchinson Law Group)
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Citing the campaign leadership of Hutchison Law Group founder Fred Hutchison, as well as contributions from members of the law firm, WUNC general manager Joan Siefert Rose has announced that The...

Proposed N.C. State Bar's ethics opinion would limit use of animal images in ads.(North Carolina)
September 24, 2007... Byline: Guy Loranger A proposed opinion from the State Bar's ethics committee would curtail the use of animal images in legal advertising -- a move that at least one lawyer views as treading too close to an infringement of First Amendment...

Law in the fast lane: Charlotte firm specializes in motorsports law.(Bray Law Firm )
September 24, 2007... Byline: Guy Loranger It always revs people's interest when William Bray tells them he practices motorsports law. He has to remind them that he works in a business suit and tie, not a fire suit and helmet. "I'm still dealing with...

Late default notice doesn't discharge guarantor's debt, rules N.C. Court of Appeals.(Diane C. Roberts and F.C. Roberts)
September 24, 2007... Byline: Fred Horlbeck Even though an investor didn't give timely notice of default on a debenture as required by a guaranty agreement, he could still collect the debt from the owner of the company that defaulted, the N.C. Court of Appeals...

County can kill tower project; feds can't preempt, rules N.C. Court of Appeals.(Rowan County, North Caolina; North Carolina Court of Appeals)
September 24, 2007... Byline: Fred Horlbeck Even though the federal authorities said a Rowan County radio tower wouldn't be a hazard, the county could still kill the project as a threat to air traffic, the N.C. Court of Appeals held. In a first-impression...

Collateral estoppel bars discovery, rules N.C. Business Court.(North Carolina)
September 24, 2007... Byline: Guy Loranger A corporation's directors cannot discover facts relating to a judgment entered against the corporation a year ago in Texas, even though the information was sought in defense of a pending piercing-the-corporate veil...

Commentary: 'They just wanted me to have a little baptism by fire'.(trial practice)(Brief article)
September 24, 2007... Byline: O. Max Gardner III When I finished my clerkship with Chief Justice Bobbitt, I immediately went to Greensboro and joined the firm of Smith, Moore, Smith, Schell & Hunter. I was assigned to one of the litigation partners, who was...

North Carolina Legal Obituaries: September 24, 2007.(Obituary)(Brief article)
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Don H. Elkins Don H. Elkins of Hendersonville died Sept. 8 at age 68. Born in Burlington, he graduated from Lexington High School and attended Catawba College on a football scholarship....

N.C. Administrative Hearings Case Summaries: September 24, 2007.(North Carolina )
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Administrative Environmental - Pesticide Applications - Labor & Employment - Worker Safety North Carolina Department of Agriculture & Consumer Services. (Lawyers Weekly No. 07-09-1120,...

N.C. Business Court Case Summaries: September 24, 2007.(North Carolina)
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Civil Practice Discovery - Texas Judgment - Collateral Estoppel - Piercing the Corporate Veil Lawrence v. UMLIC-Five Corp. (Lawyers Weekly No. 07-15-1117, 20 pp.) (Albert Diaz, J. -...

N.C. Court of Appeals Case Summaries: September 24, 2007.
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Contract Guaranty - Notice - Burden of Proof - First Impression - Expiration - Ambiguity Kimbrell v. Roberts. (Lawyers Weekly No. 07-07-1104, 17 pp.) (Linda M. McGee, J.) Appealed from...

U.S. Bankruptcy Court Case Summaries: September 24, 2007.
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Civil Practice - Pleadings - Amendment - Added Party - Prejudice Basin Electric Power Cooperative v. Henry. (Lawyers Weekly No. 07-05-1103, 5 pp.) (J. Rich Leonard, J. - Order)...

U.S. Court of Appeals 4th Circuit Case Summaries: September 24, 2007.
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Fair Trial - Suggestive Photo Array - Reliable ID U.S. v. Saunders. (Lawyers Weekly No. 07-01-1116, 14 pp.) (Michael, J.) No. 05-5238, Sept. 11, 2007; USDC at Baltimore,...

Verdicts & Settlements September 24, 2007: Jury awards property owners $2.6 million in condemnation.(Case overview)
September 24, 2007... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation/eminent domain Injuries alleged: Taking of 11.63 acres from a 45.97-acre parcel for construction of the Clayton Bypass Case name: N.C. Dep't. of Transp....