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Most Important Opinions

Apr 6, 2015

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 firm not only represented the CEO in private matters, but also allegedly advised him to […]

Apr 3, 2015

Administrative — Court Denies Accreditation for Massage School

Professional Massage Training Center Inc. v. Accreditation Alliance of Career Schools & Colleges (Lawyers Weekly No. 15-01-0292, 44 pp.) (Wilkinson, J.) No. 14-1086, March 24, 2015; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: In reviewing a professional accreditation agency’s refusal to renew accreditation for plaintiff massage therapy school, the district court erred by [&hell[...]

Apr 3, 2015

Intellectual Property — Treble Damages Reversed in Paper Towel Case

Georgia-Pacific Consumer Products LP v. von Drehle Corp. (Lawyers Weekly No. 15-01-0294, 53 pp.) (Niemeyer, J.) No. 13-2003, March 30, 2015; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: In Georgia-Pacific’s suit against defendant manufacturer of a cheaper paper towel for “stuffing” into G-P’s trademarked “enMotion” motion-activated paper towel dispenser, the 4th Circuit reverses[...]

Apr 3, 2015

Tort/Negligence — Shooting Victim’s Cellphone Suit Dismissed

Johnson v. American Towers LLC (Lawyers Weekly No. 15-01-0293, 29 pp.) (Floyd, J.) No. 13-1872, March 25, 2015; USDC at Columbia, S.C. (Currie, J.) 4th Cir. Holding: A South Carolina prison guard who was shot in his home allegedly on an order from an inmate using a contraband cellphone cannot sue cellphone service providers and […]

Apr 3, 2015

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 as a defendant has been defunct since before plaintiff’s causes of action arose, that corporation […]

Apr 3, 2015

Labor & Employment — FLSA – Class Action Waiver – Arbitration – Off-the-Clock Work

Adams v. Citicorp Credit Services, Inc. (Lawyers Weekly No. 15-03-0289, 30 pp.) (L. Patrick Auld, USMJ) 1:12-cv-00286; M.D.N.C. Holding: The court agrees with the Eleventh Circuit (Walthour v. Chipio Windshield Repair, LLC, 745 F.3d 1326, (11th Cir.) cert. denied, 134 S. Ct. 2886 (2014)) that the Fair Labor Standards Act does not set forth a […]

Apr 3, 2015

Tort/Negligence — Unfair Trade Practices – Personal Injury Victims – Advances – Usury – Class Action

Thompkins v. Key Health Medical Solutions, Inc. (Lawyers Weekly No. 15-03-0290, 24 pp.) (Joi Elizabeth Peake, USMJ) 1:12-cv-00613; M.D.N.C. Holding: Plaintiffs allege that defendant (1) lends or advances money to or on behalf of individuals who – like plaintiffs – suffered personal injuries, (2) does not apprise the injured person what defendant’s charges will be, […]

Apr 3, 2015

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 over their work. Plaintiff’s allegations convince the court to certify a class as to plai[...]

Apr 2, 2015

Civil Rights — Graduate Student – ADA Claim – Statute of Limitations – ADAAA & CJRA

Dickinson v. University of North Carolina (Lawyers Weekly No. 15-03-0288, 28 pp.) (Thomas Schroeder, J.) 1:14-cv-00412; M.D.N.C. Holding: Since plaintiff might not have been considered disabled under the Americans with Disabilities Act before Congress amended the ADA in 2008, plaintiff may be subject to a four-year statute of limitations rather than a two-year statute of […]

Apr 2, 2015

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 would not work with plaintiff’s hearing aid and otherwise malfunctioned, plaintiff has made out a [[...]

Apr 2, 2015

Contract — Distributorship – Bakery & Grocery Stores – Unfair Trade Practices Claim

Ramsey v. Bimbo Foods Bakeries Distribution, Inc. (Lawyer Weekly No. 15-02-0286, 10 pp.) (W. Earl Britt, S.J.) 5:14-cv-00026; E.D.N.C. Holding: According to the plaintiff-distributor, after he joined a committee to protest defendant’s lowering of distributors’ profit margins, defendant departed from several of its usual practices, leading to (1) plaintiff being banned from servicing one of [&h[...]

Apr 1, 2015

Tort/Negligence – FDCPA – Credit Report Request – Notice – Attorneys

Danehy v. Jaffe & Asher, LLP (Lawyers Weekly No. 15-02-0283, 16 pp.) (Louise Flanagan, J.) 5:14-cv-00060; E.D.N.C. Holding: Although 15 U.S.C. § 1692g(a) requires a debt collector to provide a debtor written notice “within five days after the initial communication with the consumer in connection with the collection of any debt,” this five-day window begins […]

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