Quantcast
Home / Top Legal News (page 189) /

Top Legal News

Improving mediation in commercial cases (access required)

In most cases, the challenge in mediation doesn't lie with the mediator; it lies with the lawyers who walk into the room with little or no preparation, expecting the mediator to resolve the case for them. Commercial litigation is different from tort litigation in that it often hinges on contractual obligations and raises a host of business issues that do not arise in a typical tort case. Accordingly, mediation in the commercial litigation context should not be approached in the same manner as in tort litigation.

Read More »

Wrong address gets Calif. man new trial in heart-balm case (access required)

A California man targeted in a North Carolina alienation of affections case will get a new trial under an N.C. Court of Appeals ruling this week that threw out a $600,000 judgment against him. The reason: Court officials were one digit off in his five-digit San Juan Capistrano, Calif., street address, so he received only three days advance notice of his trial held in Guilford County. Keith Black, who represented the defendant in the case, said it was the only possible just outcome, seeing as his client didn't have enough notice to attend his own trial.

Read More »

No comp for woman who slipped on ice at employer’s back door (access required)

The long-established "coming and going rule" was the center of Tuesday's Court of Appeals ruling denying workers' comp benefits to a woman who slipped on black ice three steps away from the door of her employers' building just as she was preparing to unlock it. But a five-page dissent making the argument for a less narrow interpretation of the rule will likely bring the issue before the N.C. Supreme Court. Charlotte attorney Jason McConnell (pictured), who represented the employer and its insurance carrier in the claimant's appeal from the N.C. Industrial Commission, said he was pleased with the ruling.

Read More »

A decade in, IDS goes from controversial to institutional (access required)

Ten years ago, North Carolina's criminal justice system was in the Dark Ages. Today, it's seen the light. That's according to Raleigh defense attorney Joe Cheshire V, who still applauds the General Assembly for establishing an office to oversee the legal representation of the state's poorest defendants in 2000. The Office of Indigent Defense Services was created to fix "a criminal justice system that had absolutely no structure," said Cheshire, who served on the study group that recommended the agency's creation and is now IDS Commission chair.

Read More »

Attorney hopefuls must pass character test before taking exam (access required)

They lined up in the early-morning heat outside the Jim Graham building and the Exposition Center at the state fairgrounds, some with laptops, some empty-handed, all with an it's-now-or-never look on their faces. With two days of the bar exam ahead of them and three years of law school behind them, the applicants were facing the last hurdle in their quest to become North Carolina attorneys.

Read More »

Bar examiners take team approach to score essays (access required)

As hundreds of would-be attorneys gathered on the state fairgrounds in Raleigh to take the exam earlier this week, a new concept in grading essay questions was about to be used for the first time in North Carolina. It's called "team grading" and it will reduce the time it takes to grade the exams, allowing the N.C. Board of Law Examiners to stick to a two-week grading period instead of having to spill over into a third week.

Read More »

Bar continues debate on non-discrimination preamble (access required)

The Ethics Committee of the State Bar considered a controversial amendment to the preamble to the Rules of Professional Conduct at its quarterly meeting late last week in Pinehurst. The original amended language provided that a lawyer, "[w]hile employed in a professional capacity ... should avoid knowingly manifesting through word or deed or bias or prejudice based upon a person's race, gender, national origin, religion, age, disability, sexual orientation, marital status or other protected status or personal characteristic." Alice Mine (pictured) serves as ethics counsel for the State Bar. [...]

Read More »