North Carolina Lawyers Weekly articles from September 2008

North Carolina Lawyers Weekly archives from September 2008

Commentary: How to conduct your own technology audit.
September 1, 2008... Byline: Lee S. Rosen Technology gurus have spent years marketing, selling, and convincing us to add more and more technological tools to our lives. Many of us are old enough to remember that when we began our law practices, we prepared...

North Carolina Lawyers in the News: September 1, 2008.
September 1, 2008... Byline: North Carolina Staff Reports Legal Aid of North Carolina recently received a $30,000 pledge from Blue Cross Blue Shield of North Carolina. The donation is one of the largest that LANC has received in a single year for its ongoing...

Obituary: Worth Hutchinson Hester, 85, dies.(Obituary)(Brief article)
September 1, 2008... Byline: North Carolina Staff Reports Attorney Worth Hutchinson Hester, 85, died Aug. 18, 2008. A native of Bladensboro, he graduated from high school in 1939 and went on to attend Wake Forest College. His education was interrupted by...

Focus groups provided leverage for mediation in Nash County auto wreck case.
September 1, 2008... Byline: Guy Loranger Using input from focus groups they consulted between mediation sessions, Durham attorneys Philip A. Mullins IV and David B. Alexander were able to negotiate $3.2 million in settlements for the victims of a Nash County...

North Carolina Supreme Court: Benefits are not earnings in comp case.(compensation)
September 1, 2008... Byline: Fred Horlbeck The N.C. Supreme Court has reversed a Court of Appeals decision that would have allowed injured employees to boost their workers' compensation awards by including fringe benefits in the calculation of their wages. ...

Verdicts & Settlements September 1, 2008: $4M settlement for man struck by falling telephone pole.
September 1, 2008... Byline: North Carolina Lawyers Weekly Staff The plaintiff was a 26-year-old, non-commissioned Air Force officer on active duty at Eglin Air Force Base. He was divorced and had no children. The plaintiff claimed that while he was on...

N.C. Business Court Case Summaries: September 1, 2008.(North Carolina)
September 1, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Class Action - Voluntary Dismissal - Pre-Certification - Required Statement Moody v. Sears, Roebuck & Co. (Lawyers Weekly No. 08-15-0993, 5 pp.) (Ben F. Tennille, J.) N.C....

N.C. Court of Appeals Case Summaries: September 1, 2008.(North Carolina)
September 1, 2008... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Burden of Proof - Voluntary Manslaughter - Jury Instruction State v. Hunt. (Lawyers Weekly No. 08-07-1016, 7 pp.) (Robert Hunter, J.) Appealed from Robeson County...

N.C. Supreme Court Case Summaries: September 1, 2008.(North Carolina)
September 1, 2008... Byline: North Carolina Lawyers Weekly Staff Corporate Piercing the Veil - Alter Ego - Civil Practice - Pleadings Amendment - Statute of Limitations - Relation Back - Civil Conspiracy - Cigarette Escrow Fund State ex rel. Cooper v....

NC Court of Appeals Unpublished Case Summaries: September 1, 2008.(North Carolina)
September 1, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Conditional Driver's License - Revocation - Ignition Interlock - Doss v. Tatum. (Lawyers Weekly No. 08-16-0983, 7 pp.) (Donna S. Stroud, J.) Appealed from Rockingham...

U.S. Court of Appeals 4th Circuit Case Summaries: September 1, 2008.
September 1, 2008... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Speedy Trial Act - Continuance - Ends of Justice - Marijuana Plants U.S. v. Henry. (Lawyers Weekly No. 08-01-1033, 10 pp.) (Michael, J.) No. 07-4578, Aug. 19, 2008; USDC...

Commentary: Ten thoughts on discretionary review before the N.C. Supreme Court.(North Carolina)(Viewpoint essay)
September 8, 2008... Byline: Saad Gul Appellate review for most non-capital cases in the state stops at the N.C. Court of Appeals. In the absence of a dissent at the COA, there is no further appeal as of right. Nevertheless, it has now become standard practice...

N.C. Supreme Court: Reasonable suspicion all that's required for traffic stops.(North Carolina )
September 8, 2008... Byline: North Carolina Lawyers Weekly Staff A Bryson City police officer needed only reasonable suspicion that a driver had made an illegal lane change to justify pulling him over, the Supreme Court ruled Aug. 27. According to...

North Carolina Supreme Court: Arguments set for breast implants case.
September 8, 2008... Byline: North Carolina Lawyers Weekly Staff The state Supreme Court will hear oral arguments this week in a breast implants case that has attracted international attention. The Court of Appeals ruled Feb. 5 that the claimant, a...

Party waited too long to appeal arbitration ruling, N.C. Court of Appeals panel holds.
September 8, 2008... Byline: North Carolina Lawyers Weekly Staff A defendant in a construction contract dispute waived its right to arbitration when it waited until after trial to appeal a trial court's denial of its motion to compel the arbitration, the Court...

N.C. Court of Appeals Case Summaries: September 8, 2008.(North Carolina)
September 8, 2008... Byline: North Carolina Lawyers Weekly Staff Arbitration Appeals - Waiver - Prejudice to Plaintiff - Judges Gemini Drilling & Foundation, LLC v. National Fire Insurance Co. of Hartford. (Lawyers Weekly No. 08-07-1055, 20 pp.) (Rick...

U.S. Court of Appeals 4th Circuit Case Summaries: September 8, 2008.(cases on citizenship and probable cause)
September 8, 2008... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Special Visa - 'Grandfathered Alien' - Status Adjustment Ogundipe v. Mukasey. (Lawyers Weekly No. 08-01-1063, 18 pp.) (Shedd, J.) No. 07-1075, Sept. 2, 2008;...

North Carolina Lawyers in the News: September 15, 2008.
September 15, 2008... Byline: North Carolina Lawyers Weekly Staff Report The N.C. Association of Defense Attorneys has presented Smith Moore Leatherwood attorney Alan Duncan with the J. Robert Elster Award for Professional Excellence. The honor recognizes...

North Carolina bar exam courses boost July results.
September 15, 2008... Byline: Guy Loranger Based on the July 2008 bar exam results, it appears that test preparation programs are paying off for the state's law schools. Wake Forest and the University of North Carolina saw major improvement among their...

N.C. Court of Appeals rules cash advance to plaintiff violated state's usury laws.(North Carolina)
September 15, 2008... Byline: Guy Loranger The Court of Appeals has dealt a major blow to the state's growing litigation funding industry by ruling that North Carolina usury laws could be applied to a cash advance given to a personal injury plaintiff. ...

A.(bar examinees)(List)
September 15, 2008... Byline: North Carolina Lawyers Weekly Staff Following is a list of the successful applicants in the July 2008 N.C. Bar Examination who have met all requirements for licensure as of Aug. 29. Requirements include (but are not limited to)...

Verdicts & Settlements September 15, 2008: Medical malpractice-Pharmacy prescription filling error.(Brief article)
September 15, 2008... Byline: North Carolina Lawyers Weekly Staff The claimant's treating physician gave him a prescription for Leukovorin, a drug used to alleviate side effects from another medication the claimaint was taking for treatment of pain in his feet....

Commentary: Personal jurisdiction and the Internet.
September 22, 2008... Byline: Jason T. Strickland Your client receives a notice in the mail. The Canadian province of Quebec is fining your client because the products it sells violate Quebec regulations requiring all goods marketed there to be labeled in...

Commentary: The Practical Litigator: Nursing home residents, injured patients take a beating in Azar.
September 22, 2008... Byline: Mark McGrath With not so much as a whimper, the N.C. Court of Appeals has completely rewritten the law of causation in medical malpractice and nursing home cases. In holding that a plaintiff must prove that a defendant's negligence...

North Carolina Lawyers in the News: September 22, 2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Report Womble Carlyle attorneys Kim Mann and Rob Bryan are both recipients of the 2008 Movers & Shakers Award from Business Leader magazine. The awards honor up-and-coming business leaders in the...

North Carolina Legal Obituary: John William Russell Jr.(Obituary)(Brief article)
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Report Attorney John William Russell Jr., 84, died Sept. 4, 2008. Born in Cabot, Ark. in 1923, Russell moved to Candler, N.C., with his parents when he was two years old. After graduating from...

Campbell University's 'Campaign for Raleigh' stays on track.
September 22, 2008... Byline: Guy Loranger Despite a skittish economy, Campbell University is steadily moving forward with its campaign to raise $27.5 million for its law school's move to downtown Raleigh in the fall of 2009. Instead of relying solely on a...

HIGHLIGHTS OF THIS WEEK'S DIGESTS.
September 22, 2008... Byline: TERESA BRUNO, Opinions digest editor First-impression cases In Progressive Southeastern Insurance Co. v. Greene, a Middle District magistrate judge recommends a $1 million summary judgment because the insurance company was...

N.C. Court of Appeals: Medmal suit stays alive with facially valid 9(j) compliance.
September 22, 2008... Byline: Guy Loranger The Court of Appeals has issued a ruling that highlights the difference between "facial" and "substantive" compliance with the Rule 9(j) certification requirement in medical malpractice cases. Rule 9(j), passed by...

Under steady leadership, N.C.began in 1988, caught on with readers and built up trust.(North Carolina Lawyers Weekly)
September 22, 2008... Byline: Guy Loranger In the spring of 1988, Michael Dayton was working as a freelance writer when he learned about a legal newspaper that was getting started in downtown Raleigh. Looking for some work, he called the publisher, David...

E-lawyers may be the future, but they'll have human touch.
September 22, 2008... Byline: Diana Smith "Lawyers are like the great buffalo of the 1800s, locked in a stampede for extinction." Disappearance that's what legal futurist Charlie Robinson predicts for the law profession over the next 20 years. The...

Commentary: Law firms went high-tech; new faces joined legal ranks.
September 22, 2008... Byline: Gregory Froom It's 1988 and the typical North Carolina lawyer's desk is sagging under an assortment of printed materials case reporters, a few treatises, statute books and manila folders stuffed with documents. The daily mail...

20 top North Carolina verdicts & settlements.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Report 1 $799 MILLION, 1997 Taxation Suit For Tax Refund Exemption For State Retirees Impairment Of Contract Claim $799 Million In Refunds $3.2 Billion In Future Benefits Case:...

20 most important decisions of North Carolina's highest courts, 1988-2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Listed here in chronological order are summaries of the most important opinions handed down by the state's highest courts from 1988, the first year of publication for North Carolina Lawyers...

Top newsmakers in North Carolina legal profession, 1988-2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Report Following is a list of the top newsmakers in the North Carolina legal profession from 1988 to the present as chosen by the editorial staff of North Carolina Lawyers Weekly. Listed in...

Timeline of North Carolina Lawyers Weekly's top news items: 1988-2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Report The following is a timeline of top news items that have appeared in the pages of North Carolina Lawyers Weekly since it arrived on the scene in March 1988: 1988 Lawyers Weekly...

N.C. Court of Appeals Case Summaries: September 22, 2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Civil Practice Statute of Limitations - Service of Process - Voluntary Dismissal - Re-Filing - Appeals - Transcript - Personal Injury Lawrence v. Sullivan. (Lawyers Weekly No. 08-07-1081,...

U.S. District Court Eastern District Case Summaries: September 22, 2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Real Property - Exemption - Residence - Separate Lots - Horseback Riding Lanier v. Beaman. (Lawyers Weekly No. 08-02-1076, 5 pp.) (Terrence W. Boyle, J.) E.D.N.C. ...

U.S. District Court Middle District Case Summaries: September 22, 2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Insurance Auto - UIM - Selection/Rejection - Missing Form - First Impression - Maximum Coverage Progressive Southeastern Insurance Co. v. Greene. (Lawyers Weekly No. 08-03-1077, 20 pp.)...

U.S. District Court Western District Case Summaries: September 22, 2008.
September 22, 2008... Byline: North Carolina Lawyers Weekly Staff Domestic Relations Parent & Child - Custody - International Child Abduction Remedies Act - Habitual Residence Maxwell v. Maxwell. (Lawyers Weekly No. 08-04-1078, 28 pp.) (Robert J....

North Carolina Lawyers in the News: September 29, 2008.
September 29, 2008... Byline: North Carolina Lawyers Weekly Staff Report Beginning in December, attorney Thomas K. Maher will become executive director of the Commission on Indigent Defense Services. He is replacing founding executive director Malcolm Ray Hunter...

Kilpatrick Stockton law firm joins ABA-EPA 'green' effort.(American Bar Association and the Environmental Protection Agency)
September 29, 2008... Byline: North Carolina Lawyers Weekly Staff Report Supporting a nationwide campaign for environmentally sound business practices, Kilpatrick Stockton is launching a firm-wide "Green Initiative" beginning in October. The firm has...

N.C. Bar Association Foundation hails endowments.(North Carolina)(Brief article)
September 29, 2008... Byline: North Carolina Lawyers Weekly Staff Report The N.C. Bar Association Foundation recently welcomed the creation of four Justice Funds, endowments established with money from contributors seeking to honor North Carolina lawyers and...

Commentary: No way out (or in): It may be time to revise North Carolina's cartway statute.
September 29, 2008... Byline: Matt Smith This article may not ring true with some real property practitioners in the more urban counties of our state. To those of us who practice in the more rural counties, this article addresses an issue which we unfortunately...

Old North State Award from N.C. governor's office becomes token that lawyers look beyond censure.(Jerry Braswell awarded by North Carolina governor Mike Easley)
September 29, 2008... Byline: Diana Smith It came in a mere manila envelope, but Wayne County Judge Jerry Braswell now has a state award to add to his resume. The senior resident Superior Court judge, who is running for re-election, recently opened his mail...

New law in North Carolina would eliminate UIM form requirement.(underinsured motorist)
September 29, 2008... Byline: Guy Loranger A memorandum opinion issued by a U.S. magistrate judge earlier this month illustrates a problem that prompted the General Assembly to change the state's uninsured and underinsured motorist coverage laws during this...

Administrative settlement is no bar to Whistleblower Act claim, rules N.C. Court of Appeals.(North Carolina)
September 29, 2008... Byline: Guy Loranger A narrowly drafted settlement of a former state trooper's administrative action against the state's crime control and public safety department won't bar his Whistleblower Act claim against the department in Superior...

N.C. Association of Defense Attorneys forum allows appellate judicial candidates to speak out.(North Carolina)
September 29, 2008... Byline: Guy Loranger Judge James A. Wynn Jr. has served in either the state Supreme Court or Court of Appeals for nearly 18 years and written more than 2,500 opinions. "And I want you to know that I am known by virtually no one out...

Verdicts & Settlements September 29, 2008: Jury verdict for school board in budget dispute.
September 29, 2008... Byline: North Carolina Lawyers Weekly Staff A school budget dispute case has led to a jury award that is believed to be the largest in Duplin County history. The case was based on the Duplin County school board's determination that the...

Verdicts & Settlements September 29, 2008: Minor receives $40K-plus award for dog attack.(Brief article)
September 29, 2008... Byline: North Carolina Lawyers Weekly Staff The plaintiffs alleged that a 15-year-old girl was attacked and bitten by the defendants' Rottweiler. They said she sustained permanent dog bite wounds to the lower left portion of her back and...