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Attorneys — Disqualification – Corporate & Personal Representation – Potential Conflict of Interest – Appearance of Impropriety

Kingsdown, Inc. v. Hinshaw (Lawyers Weekly No. 15-15-0295, 20 pp.) (Louis Bledsoe III, J.) 2015 NCBC 27 Holding: A law firm is disqualified from representing its long-time corporate client in the corporation’s lawsuit against its CEO because lawyers from the ...

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Civil Practice — Federal Jurisdiction – Diversity – Defunct Corporation – Attorneys – Tort/Negligence – Fraud

Conner v. Duncan (Lawyers Weekly No. 15-03-0291, 10 pp.) (Joi Elizabeth Peake, USMJ) 1:12-cv-00092; M.D.N.C. Holding: Although plaintiff is an inmate of a prison in Pennsylvania, he is still considered a resident of Virginia. Where the Virginia corporation plaintiff named ...

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Labor & Employment — Civil Practice – Class Action – Wage & Hour Act – Bakery Distributors – FLSA

Rehberg v. Flowers Baking Co. of Jamestown, LLC (Lawyers Weekly No. 15-04-0277, 37 pp.) (Max Cogburn Jr., J.) 3:12-cv-00596; W.D.N.C. Holding: Although defendants require their distributors to sign independent contractor agreements, plaintiff Mario Ronchetti alleges that defendants exert significant control ...

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Labor & Employment — ADA – Spanish Interpreter – Proficiency Test – Accommodation – Telephone

Cathey v. Wake Forest University Baptist Medical Center (Lawyers Weekly No. 15-03-0287, 32 pp.) (Thomas Schroeder, J.) 1:13-cv-00543; M.D.N.C. Holding: Where the defendant-employer required plaintiff to take her Spanish language proficiency test over the telephone, but where the telephone provided ...

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