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Recent Articles from Teresa Bruno, Opinions Editor
They Said It
For the want of a nail the shoe was lost. For the want of a shoe the horse was lost. For the want of a horse the rider was lost. For the want of a rider the battle was lost. For the want of a battle the kingdom was lost, And all for the want […]
Workers’ Compensation – Average Weekly Wage – Conflicting Evidence – Fewer Than 52 Weeks – Missed Days
Plaintiff claims that his own itemization of his wages is more reliable than the evidence produced by the defendant-employer, and it is true that owner Jon Robinson’s poor record-keeping practices rendered the record unclear regarding when exactly plaintiff did and did not work. Nevertheless, the Industrial Commission could properly base its calculations on the deposits […]
Domestic Relations – Parent & Child – Custody – Modification Motion – Parties’ Disagreements
Even though defendant did not present sufficient evidence to justify a change in primary and secondary physical custody, the trial court could nevertheless find that she had presented sufficient evidence to justify a change in other terms of the custody order, i.e., transportation arrangements and electronic contact between defendant and the child. We affirm the […]
Domestic Relations – Equitable Distribution – Post-Separation Debt Payments – 2013 Amendments – Alimony
Since the defendant-husband’s post-separation debt payments on a gleaner combine were made in 2015, they are subject to the 2013 amendments to the equitable distribution statute. Thereunder, post-separation debt payments are only divisible property if they constitute “[p]assive increases and passive decreases in marital debt and financing charges and interest related to marital debt.” G.S. [[...]
Domestic Relations – Parent & Child – Support Modification – Uninsured Medical Expenses – Not Raised
Where the defendant-father’s motion to modify child support simply requested that support be “Decreased,” the trial court did not have the authority to eliminate defendant’s obligation to pay a portion of the uninsured medical expenses of the parties’ children. We reverse the trial court’s order, which denied the plaintiff-mother’s motion for a new trial. Background […]
Domestic Relations – DVPO – Civil Practice – Service of Process – Summons
Even though the record shows that defendant was served with “the notice of hearing on domestic violence protective order, ex parte domestic violence order of protection, notice of ex parte hearing, complaint and motion,” there is no indication that defendant was served with a summons. Because defendant did not waive service of process, the trial […]
Civil Practice – Standing – Real Property – Homeowners Association – Adherence to Bylaws
Once defendant received title to a planned community’s common area, defendant became a member of the community’s homeowners association; accordingly, he can challenge the association board’s standing to file suit against him. Where the association’s board did not follow the procedure set out in its bylaws before filing suit, the association does not have standing […]
Workers’ Compensation – Asbestosis – Employment Time – Insufficient – SSA Records – Pleural Plaques
Even though plaintiff presented evidence that her decedent worked for defendant Johns Manville for six months in the mid 1960’s, defendants presented the only available wage documentation from the decedent’s employment with Johns Manville – an Itemized Statement of Earnings Report from the Social Security Administration – which indicates that the decedent only worked for […]
Domestic Relations – Parent & Child – Support & Arrears – Income Withholding – Insufficient Evidence
Even though the trial court entered an extensive and detailed order with regard to the Cabarrus County Department of Human Services’ motion for income withholding, the only evidence presented by DHS was its unverified motion with an attached affidavit of arrears. The affidavit of arrears is insufficient to support the trial court’s findings. We reverse […]
Domestic Relations – DVPO – Denial – Insufficient Findings
At the hearing on plaintiff’s application for a domestic violence protective order, the parties gave conflicting testimony – though defendant did admit that he placed a tracking device on plaintiff’s car, sent plaintiff a text message that she considered threatening, and had someone follow plaintiff while she was on vacation in Florida – yet the […]
Attorneys – Sanctions – Rule 11 – Improper Purpose – Attorney-Client Relationship – Increased Costs
The trial court’s findings support its conclusion that this Orange County lawsuit was filed for the improper purpose of driving a wedge between defendants and their attorneys in a previously filed Durham County lawsuit – e.g., by making one of the attorneys a witness in the Orange County lawsuit – and to increase defendants’ costs. […]
Criminal Practice – Constitutional – Confrontation Clause – Evidence Stipulation
When defendant and his counsel stipulated that a seized substance was cocaine, defendant gave up his right to cross-examine the scientist who tested the substance. Nevertheless, it was the duty of defense counsel – not the trial court – to explain to defendant this waiver of a constitutional right. We find no error in defendant’s […]
Top Legal News
- N.C. Paralegal updates September 2023
- Trump’s post prompts gag order from judge
- Retiree group sues to block voting requirements
- Court to quickly redraw Alabama districts
- Court to hear LGBTQ-based cake case
- Hunter Biden pleads not guilty to gun charges
- Details emerge on Trump era executions
- US court in Virginia resolves NC insurance case
- Post on X leads to lawsuit against Musk
- Two more bills draw vetoes by Cooper
- Police chief who led newspaper raid resigns
- May trial date set for indicted senator
Commentary
- 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
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
