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Workers’ Compensation – Causation – Interruption of Routine – Unexplained Fall – ‘And/Or’ – Knee Replacement – Pre-Existing Arthritis (access required)

Williams v. Best Cartage, Inc. (Lawyers Weekly No. 15-16-0265, 25 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The court disapproves of the Industrial Commission’s use of the term “and/or” in finding that plaintiff’s injury ...

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Environmental – Highway Project – Administrative – Build & No-Build Scenarios (access required)

Catawba Riverkeeper Foundation v. North Carolina Department of Transportation (Lawyers Weekly No. 15-04-0272, 17 pp.) (James Dever III, C.J.) 5:15-cv-00029; W.D.N.C. Holding: Where defendants’ “no-build” scenario assumed the existence of the very highway project under consideration, defendants violated the National ...

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