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Tag Archives: Hearing

Workers’ Compensation – Extent of Disability – Hearing – Standing – Statute of Limitations – Death Benefits (access required)

Pait v. Southeastern General Hospital Once plaintiff reached maximum medical improvement, either party could seek a determination of permanent loss of wage-earning capacity; therefore, it was irrelevant that defendants’ motive in seeking a hearing was to start the running of the statute of limitations on a possible future death benefits claim.

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Arbitration – Motion to Compel – Hearing – Contract (access required)

Goodwin v. Century Care of Cherryville, Inc. There were several ways for defense counsel to present the purported arbitration agreement to the trial judge at the hearing on defendant’s motion to compel arbitration. Although defense counsel merely handed an unauthenticated copy of the agreement to the judge during the hearing, the agreement had been provided to plaintiff in a verified discovery response, and the judge and both counsel discussed the details of the agreement.

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Municipal – Zoning – Conflict of Interest – Hearing – Variance – Neighboring Nonconforming Use (access required)

Harbor Baptist Church v. City of Charlotte. (Lawyers Weekly No. 10-16-0778, 11 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (Robert C. Ervin, J.) N.C. App. Unpub. Holding: The defendant-city’s zoning board of adjustment (ZBA) discussed both ZBA ...

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