An elderly workers' compensation claimant who contracted asbestosis from his work decades ago has had his medical and disability claims upheld for the second time by the N.C. Court of Appeals. But the Industrial Commission will have to recalculate his average weekly wage after a reversal on that issue.Read More »
Officials from Legal Aid of North Carolina are quick to praise the state's attorneys for providing pro bono representation to their clients. But the staffers who spend each day recruiting private attorneys to lower LANC's ballooning case load say the need for relief remains great - and unmet - especially in the state's rural areas. Coordinators across the state also come up against some philosophical walls that are harder to break down, noted Cynthia Alleman (pictured), who was named the NCBA's 2010 Pro Bono Attorney of the Year in June.Read More »
Former Supreme Court Justice Willis Whichard, who moderated yesterday's judicial forum in Raleigh, asked Judge Rick Elmore and his opponent Steven Walker (pictured) about diversity on the court. "I think we need some young people," said Walker, 30. He pointed out that the state has had a dozen Court of Appeals judges in their 30s, and it would "not be a travesty to make it 13."Read More »
Joy Rhyne Webb is an attorney with Merritt, Flebotte, Wilson, Webb & Caruso in Durham. She graduated with honors from the University of North Carolina School of Law in 1995. Webb concentrates her practice in employment law, administrative law, personal injury and medical malpractice litigation and collection matters. Here, she tells North Carolina Lawyers Weekly about the pros and cons about working remotely.Read More »
On the theory that you wouldn't want a lawyer to take out your gall bladder, the state's medical licensing board is now getting help from an attorney on how to conduct hearings and hear evidence. When the N.C. Medical Board meets to hear contested cases involving discipline or licensing issues, the board president now has an attorney sit beside him to give advice on issues ranging from admissibility of evidence to the permitted scope of a redirect examination. The new position of independent counsel was created last fall by the General Assembly. The board hired former Wake County District Judge Fred Morelock (pictured) to fill the position.
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"Those of us who practice immigration law are used to seeing eyes glaze over whenever we discuss our craft. This reaction comes as often from other attorneys as from the general public. Our statutes and regulations are exhausting, and our acronyms are annoying. We get it. These days, however, immigration law is hard for anyone to ignore. The recent enactment of Arizona's controversial SB 1070 brought the debate back from the near-dead," Raleigh lawyer Amanda Mason (pictured) writes.
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The latest large heart-balm award - a bench verdict this time - has North Carolina practitioners debating whether judges or juries are more advantageous for plaintiffs. Pitt County Superior Court Judge W. Russell Duke awarded a jilted spouse $5,896,943, plus $865,150 in prejudgment interest, in a July verdict. Greenville attorney Cynthia A. Mills (pictured) said the facts made it the best heart-balm case she had taken in 21 years of practice.Read More »
Guns, drugs, high-speed chases, pit bulls and stakeouts. Sounds like all of the ingredients of an action movie, but it actually describes the early days of Charlotte attorney Mark Simpson's career. And he didn't practice criminal law - at least not in the traditional sense. Simpson is one of many "second-career" lawyers - those who started off working in one job only to switch to law mid-stroke.Read More »
A Wake County auto tort plaintiff will get a new trial after the Court of Appeals held that the trial court abused its discretion by ordering production of documents and simultaneously sanctioning him for failing to comply with its order. The trial court sanctioned the plaintiff by excluding two medical bills totaling $3,455 from evidence. Noting that the jury considered $8,705 of medical bills before awarding $12,000, the Court of Appeals posited that "the jury intended to cover all medical bills stemming from the accident plus an additional amount for pain and suffering."Read More »
For the voters, it might be as easy as one, two, three. For election officials, not so much. The new instant-runoff system that will be used in what has been referred to as a free-for-all race for the Court of Appeals seat vacated by Judge James Wynn is still under development at the state Board of Elections. No fewer than 13 candidates signed up during a one-week filing period after Wynn was confirmed to the Fourth Circuit Court of Appeals, and elections officials are facing a unique challenge as they put together a system to use the instant-runoff vote statewide for the first time.Read More »