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Tag Archives: attorney’s fees

Workers’ Compensation – Attorney’s Fees – Unreasonable Defense – Causation – Acute Breathing Difficulty – Smoker – Dusty Job (access required)

Blalock v. Southeastern Material. Where defendants' "common sense" theory -- that plaintiff's acute breathing difficulty was brought on by his smoking and not his exposure to dust on the job -- was refuted by the only three experts who testified in . . .

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Domestic Relations – Attorney’s Fees – Judicial Notice – Reasonable Hourly Rate – First Impression – Findings of Fact – Insufficient Funds to Defray Costs (access required)

Simpson v. Simpson. The trial court erred when it concluded that it was precluded from taking judicial notice of the customary rate of local attorney's fees in connection with motions for attorney's fees brought under G.S. § 50-13.6. The parties . . .

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Ruling: Trial courts may take judicial notice of customary rates (access required)

In what may be a first for North Carolina appellate courts, the Court of Appeals has held that trial courts weighing attorney's fee applications under G.S. § 50-13.6 may take judicial notice of "the customary hourly rates of local attorneys performing the same services and having the same experience." Writing for the court in Simpson v. Simpson, Judge Martha Geer cautioned that trial courts are not required to take judicial notice of customary hourly rates. Concord attorney James R. DeMay (pictured) said that the holding "brings North Carolina in line with what's been the rule of law in nearly every other state that has considered this issue."

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Labor & Employment – Breach of Contract – Piercing the Corporate Veil – Wage & Hour Act – Attorney’s Fees (access required)

Lockett v. Sister-2-Sister Solutions Inc. (Lawyers Weekly No. 11-07-0014, 17 pp.) (Barbara Jackson, J.) Appealed from Chatham County Superior Court. (Howard Manning & Allen Baddour, JJ.) N.C. App. Click here for the full text of the opinion. Holding: When a ...

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Real Property – Non-Exclusive Easement – Res Judicata – Attorney’s Fees – Sanctions – Rule 11 – Administrative (access required)

Barris v. Town of Long Beach. (Lawyers Weekly No. 10-07-1211, 9 pp.) (Barbara Jackson, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Click here for the full text of the opinion. Holding: The plaintiffs failed ...

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