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Tag Archives: attorney’s fees

Workers’ Compensation – Attorney’s Fees – Unexplained Fall – Causation (access required)

Hedges v. Wake County Public School System. When an employee falls at work in the course of her duties, the injury is compensable even if the cause for the fall cannot be determined. Attorney's fees are awarded when a party continues to pursue a case that is not based on reasonable grounds. We affirm the decision of commission and the award of attorneys' fees to plaintiff.

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Tort/Negligence – Unfair Trade Practices – Attorney’s Fees Motion – Denial – Settlement Negotiations – Damages Demands (access required)

TradeWinds Airlines, Inc. v. C-S Aviation Services. Where the third-party defendant participated in settlement negotiations, advancing non-frivolous legal positions, the court declines to award attorney's fees to the third-party plaintiffs in connection with the judgment on their unfair-trade-practices claim. Motion denied.

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Contract – Directed Verdict – Unfair and Deceptive Trade Practices – Attorney’s Fees (access required)

Daniel v. Gullzar. (Lawyers Weekly No. 10-16-0766, 15 pp.) (Ann Marie Calabria, J.) Appealed from Wake County Superior Court (A. Leon Stanback Jr., J.) N.C. App. Unpub. Holding: The trial court did not err in granting a directed verdict to ...

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Workers’ Compensation – Constructive Refusal of Employment – Continuation of Benefits – Attorney’s Fees (access required)

McLaughlin v. Staffing Solutions. (Lawyers Weekly No. 10-07-0747, 21 pp.) (Donna S. Stroud, J.) Appealed from the Industrial Commission. N.C. App. Holding: An employee who was terminated for cause after suffering a compensable injury is still entitled to benefits if ...

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Attorneys – Fee Awards – Prevailing Parties – Justiciable Issue – Summary Judgment – First Impression – Civil Rights – Open Meetings (access required)

Free Spirit Aviation Inc. v. Rutherford Airport Auth. (Lawyers Weekly No.10-07-0739, 19 pp.) (Martha A. Geer, J.) Appealed from Rutherford County Superior Court (Mark Powell, J.) Holding: When awarding attorney’s fees, a court may designate both a defendant and a ...

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Workers’ Compensation – Medical Expenses – Lengthy Hospitalization – Parents’ Visits – Extensive Burns – Care & Therapy – Attorney’s Fees (access required)

Price v. Piggy Palace. (Lawyers Weekly No. 10-07-0674, 18 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Holding: Plaintiff suffered extensive burns to his legs when a co-worker tripped and spilled hot grease on him. During his ...

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Civil Practice – Appeals – Interlocutory – Rule 54 Certification – Unfair Trade Practices – Attorney’s Fees (access required)

Bumpers v. Community Bank of Northern Virginia. (Lawyers Weekly No. 10-06-0568, 16 pp.) (Patricia Timmons-Goodson, J.) Appealed from Wake County Superior Court. (John B. Lewis Jr., J.) On discretionary review from the N.C. Court of Appeals. N.C. S. Ct. Holding: ...

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