North Carolina Lawyers Weekly

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 […]

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. […]

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: […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]