Free Newsletter
Recent Articles from Correy Stephenson, BridgeTower Media Newswires
Use of racial epithets moves claims case forward
The repeated use of a racial epithet by the 6-year-old grandson of the owners of an assisted living facility was sufficient to support a former employee’s hostile work environment claim, a unanimous panel of the 4th U.S. Circuit Court of Appeals has ruled, reversing summary judgment in favor of the employer. An African-American female, Tonya […]
COA: Failure of service ends case
A trial court properly concluded that it did not have personal jurisdiction over a defendant that was never properly served with service of process, a unanimous panel of the North Carolina Court of Appeals has ruled, affirming dismissal of the action. Gary Blaylock was hired by AKG North America in 2017. He claimed that the […]
4th Circuit: Skirt requirement violated rights
A public charter school violated the Equal Protection Clause of the Fourteenth Amendment when it required female students to wear skirts to school based on the view that girls are “fragile vessels” deserving of “gentle” treatment by boys, the en banc 4th U.S. Circuit Court of Appeals has ruled, affirming summary judgment in favor of […]
COA washes away utility’s attempt to intervene in environmental dispute
A public utility seeking to intervene in an environmental action brought by the state against The Chemours Co. waited too long to file its motion, a unanimous panel of the North Carolina Court of Appeals has ruled, affirming denial. Chemours owns the Fayetteville Works facility, a chemical manufacturing plant adjacent to the Cape Fear River […]
Feds have exclusive in rem jurisdiction over seized cash
A bag with $16,761 in cash seized by state police and turned over to federal officers could not be recovered in a state court action, a panel of the North Carolina Court of Appeals has ruled, as the federal court has exclusive in rem jurisdiction. On Nov. 15, 2020, officers of the Mooresville Police Department […]
Supreme Court gives workers’ comp decision de novo review
Whether a workers’ compensation claim was time-barred because it was filed after the two-year limit set by N.C.G.S. § 97-24 is a jurisdictional matter subject to de novo review on appeal — including facts, the North Carolina Supreme Court has ruled, affirming an appellate decision reversing the Industrial Commission’s determination that an employee’s claim for […]
COA calculates UIM coverage where multiple underinsured tortfeasors, policies
The proper calculation of underinsured motorist (UIM) coverage in a case involving both multiple underinsured tortfeasors and multiple UIM insurance policies is the difference between the total amount paid under all exhausted liability policies and the total limits of all applicable UIM policies, a unanimous panel of the North Carolina Court of Appeals has ruled […]
Trial court properly disqualified attorney doubling as defendant
A trial court did not abuse its discretion in disqualifying an attorney from appearing on behalf of himself or his law firm, both named as defendants in a legal malpractice action, a unanimous panel of the North Carolina Court of Appeals has ruled. Jonathan A. Fine, an attorney with Marshall Grant, PLLC, represented Rosenthal Furs, […]
4th Circuit makes new law on class objectors
A district court properly approved the settlement of a long-running class action lawsuit brought by life insurance policyholders, the 4th U.S. Circuit Court of Appeals has ruled, rejecting the objection by a single policyholder and laying down for the first time clear rules about who bears what burdens when a class member objects to a […]
No UI aid for worker who left after injury
A service technician who was unwilling to move to a different state to take on less strenuous work after being injured on the job wasn’t entitled to unemployment benefits because his decision to leave work wasn’t attributable to his employer, a divided North Carolina Supreme Court has ruled. Frank Lennane worked as a service technician […]
Attorneys’ fees available for successful appeal of permit challenge
A trial court had the authority to award attorneys’ fees after it reversed a state commission’s denial of a permit challenge, a divided panel of the North Carolina Appeals Court has ruled. In 2019, the North Carolina Division of Coastal Management issued a permit to the state’s Department of Transportation for construction of a new […]
Billionaire’s discovery violations justified ‘harsh’ sanctions
Repeated discovery violations committed by a real estate holding company and its owner-founder justified the “harsh” of striking their pleadings and entering a default judgment, the North Carolina Court of Appeals has ruled in a case involving a billionaire currently serving a prison sentence for attempting to bribe the state’s insurance commissioner. The dispute at […]
Top Legal News
- O’Connor, first woman on US Supreme Court, has died at 93
- Judicial activists subpoena vote splits Judiciary Committee
- Judges block GOP’s election board changes
- Federal judge blocks first TikTok app ban
- Wisconsin unions sue to reverse bargaining limits
- Justices seem doubtful of SEC’s authority
- $120M judgment entered against failed dam’s owner
- Minneapolis stores where Floyd was killed sue city
- Bessie Sorge: Finding her passion as a freelance paralegal
- Teen charged as juvenile in fatal stabbing at school
- Star’s handwritten will used to distribute real estate
- Families offer to settle Jones’ $1.5B legal debt
Commentary
- Name game can end up being blame game
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- N.C. justices to decide many interesting cases
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
