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Tag Archives: first impression

Labor & Employment – FLSA – Retaliation – Protected Activity — Intracompany Complaints – First Impression — Time-Sheet Alterations (access required)

Minor v. Bostwick Laboratories Inc. A medical technologist’s complaints within her company about time-sheet alterations that allegedly violated the Fair Labor Standards Act are protected activity, and she may sue under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), on a complaint that she was terminated for her intracompany complaints.

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Domestic Relations – Parent & Child – Termination of Parental Rights Petition – Paternity – Legitimation – Amended Birth Certificates – Presumption – First Impression (access required)

In re J.K.C. The respondent-father’s name on the children’s amended birth certificates creates a rebuttable presumption that he has legitimated them. Since the guardian ad litem failed to rebut that presumption, respondent’s parental rights were not subject to termination based on a failure to legitimate. We affirm the trial court’s dismissal of the petition to terminate respondent’s parental rights.

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Tort/Negligence – Medical Malpractice – Emergency Responders – Plaintiff Believed Dead – Immunity – Gross Negligence Allegation – First Impression (access required)

Green v. Kearney Even though plaintiff labels defendants’ actions as “gross negligence,” defendants’ alleged actions — in failing to ascertain that plaintiff was in fact alive - were merely negligent. Therefore, defendants are entitled to immunity under G.S. § 90-21.14. We affirm summary judgment for the defendant-emergency responders.

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Insurance – Flood – Covered Losses – Detached Garage – ‘Held for’ Residential Use – First Impression – Moisture Wicking (access required)

Aylward v. Federal Emergency Management Agency The Standard Flood Insurance Policy excludes detached garages “used for or held for residential (i.e., dwelling) ... purposes.” Even though the upper level of plaintiffs’ detached garage contained a bathroom, kitchen and living room, and even though the local tax office classified the garage as a residential structure, since water and sewage lines had not been connected to the garage apartment at the time of the flood, and the heating and cooling were not working, the garage lacked the present potential for residential use when the flood occurred. Consequently, defendant improperly denied plaintiffs’ claim for damages regarding the garage.

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Domestic Relations – Parent & Child – Tort/Negligence — Tortious Interference With Child Custody – First Impression (access required)

Hinton-Lynch v. Frierson A mother who left her child with her parents for four months cannot prevail on her abduction of a minor or interference with child custody claim since she did not have custody rights superior to the child’s father at the time of the alleged abduction.

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Administrative – Prisons & Jails – APA – Council of State – Lethal Injection Protocol – First Impression — Declaratory Judgment (access required)

Conner v. North Carolina Council of State Even though the Council of State is subject to the Administrative Procedure Act, since the Department of Correction is exempt from the APA, when the Council of State reviews the DOC’s lethal injection protocol, the APA does not apply. We modify and affirm the superior court’s dismissal of the petition. Petitioners are DOC inmates who have been sentenced to death by lethal injection.

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Civil Practice – Class Action – Corporate Merger – Settlement – Standard of Review – First Impression — Attorneys’ Fees (access required)

Ehrenhaus v. Baker We adopt the “fairness, reasonableness and adequacy” standard for determining whether a class action settlement should be approved. We affirm the trial court’s approval of the class action settlement, but we reverse the award of attorneys’ fees and remand for additional findings.

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Labor & Employment – Public Employees – Personnel Files – Limited Release – First Impression (access required)

In re Release of the Silk Plant Forest Citizens Review Committee’s Report & Appendices In a matter of first impression, we hold that “a court of competent jurisdiction” does not have the authority under G.S. § 160A-168(c)(4) to order the release of any portion of a city employee’s confidential personnel file to the general public. We reverse the trial court’s order granting the petition to release portions of respondents’ personnel files to the public.

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Civil Practice – Discovery – Attorney-Client Privilege – Blanket Objection – First Impression – Appeals – Interlocutory (access required)

K2 Asia Ventures v. Trota When responding to a discovery request, a blanket objection based on attorney-client privilege or work product immunity to all of the opposing parties’ discovery requests is inadequate to accomplish its intended purpose and does not establish a substantial right to an immediate appeal. The Philippine defendants’ appeal is dismissed. The trial court’s order compelling discovery from the Krispy Kreme Doughnut (KKD) defendants is affirmed.

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Tort/Negligence – Negligent Infliction of Sexually Transmitted Disease – Duty – Proximate Cause – Subsequent, Intervening Cause – Foreseeability – First Impression (access required)

Carsanaro v. Colvin A person who knows, or should know, that he or she is infected with a venereal disease has the duty to abstain from sexual conduct or, at the minimum, to warn those persons with whom he or she expects to have sexual relations of his or her condition. Since a spouse is a foreseeable sexual partner, this duty is also owed to the spouse of any of the infected person’s sexual partner, if the spouse is known or should have been known to the infected person at the time of the sexual intercourse. The infected person can be liable in tort for breaching this duty.

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