Taxation – Fraudulent Transfer – Taxpayer’s Nominee – Bankruptcy – Civil Practice – Res Judicata & Collateral Estoppel 

Johnson v. United States Since a final decision of the bankruptcy court has already determined that plaintiff received a fraudulent transfer from her husband of his million-dollar judgment against a former employer, the doctrines of res judicata and collateral estoppel make it appropriate for this court to reach the same conclusion.

Labor & Employment – FMLA – Disability Discrimination – Tort/Negligence – Public Policy – Emotional Distress 

Satterwhite v. Wal-Mart Stores East, L.P. N.C. courts have not recognized a public policy exception to the at-will employment rule based on a violation of the Family and Medical Leave Act. Plaintiff has failed to state a claim for wrongful discharge in violation of public policy.

Tort/Negligence – Background Check – Civil Practice – Federal Question Jurisdiction – FCRA – Domestic Relations 

Benzing v. Tharrington-Smith, LLP Plaintiff claims that defendants wrongfully obtained a background check on him for use in domestic violence and child custody matters. Plaintiff’s allegations state a claim under the Fair Credit Reporting Act, so this court has federal question jurisdiction.

Tort/Negligence – FTCA – Scope of Employment – National Guard – Assault on Recruit – Negligent Supervision 

Pittman v. United States Even though the Federal Tort Claims Act does not waive the government’s sovereign immunity with regard to intentional torts, plaintiff has nevertheless stated a claim by alleging that a National Guard sergeant failed to intervene while a specialist under his command gave alcohol to a 17-year-old recruit and engaged in sexual relations with her.

Top Verdicts & Settlements 

An “empty chair” alienation of affection case that resulted in a $30 million award tops the list of North Carolina Lawyers Weekly’s annual roundup of the year’s top verdicts and settlements. The 2011 list comprises the 25 of $1.5 million or more that were reported to Lawyers Weekly during the year.

ABA mulls stricter standards for law school job info 

As American Bar Association leaders consider more exacting standards for law schools for reporting post-graduate salary and employment information, a new round of class action suits is ratcheting up the pressure on schools and the ABA to address allegations of fraud and misrepresentation.

NC group acquires small Columbia firm with big connections 

North Carolina’s largest law firm grew by three lawyers, one city and an unknown number of Palmetto state political connections last week when Winston-Salem-based Womble Carlyle merged with the boutique firm Hall & Bowers of Columbia.

If laws go online-only, costly problems are sure to follow 

The American Bar Association in February will be asked to endorse a proposed uniform law aimed at new standards for state government websites that host legal materials. The Uniform Electronic Legal Materials Act (UELMA) is proposed by the Uniform Laws Commission to address a trend, still in its infancy, of shuttering public printers and posting [...]