North Carolina Lawyers Weekly

Mar 25, 2024

4th Circuit: Assault settlement, collection fees nondischargeable

When the debtor stopped making payments, the injured party sued to enforce the settlement agreement and contested the debtor’s attempt to discharge the debt in bankruptcy.

Nov 18, 2014

Attorneys — Fees – Interest – Quantum Meruit Award – Civil Practice – Subject Matter Jurisdiction – Judge’s Resignation

Robertson v. Steris Corp. (Lawyers Weekly No. 14-07-1070, 19 pp.) (Linda McGee, Ch. J.) Appealed from Brunswick County Superior Court (D. Jack Hooks Jr., J.) N.C. App. Holding: Although a […]

Jun 5, 2012

Trusts & Estates – Uniform Transfers to Minors Act – Accounting – Interest – First Impression — Attorney’s Fees – Speculative Investment

Belk v. Belk Where the Uniform Transfers to Minors Act is silent as to the contours of the accounting remedy provided for in G.S. § 33A-19(a) and (d), we hold that a trial court may award interest on funds wrongfully disbursed, representing the loss of appreciation on such funds.

Dec 21, 2011

Workers’ Compensation – Unpaid Attendant Care Services – Interest

Chandler v. Atlantic Scrap & Processing An injured plaintiff was entitled to interest on the unpaid portion of attendant care services provided to her by her husband under G.S. § 97-86.2.

Jul 29, 2011

Domestic Relations – Equitable Distribution – Distributive Award – Ability to Pay – Interest

Smith v. Smith The trial court found that the plaintiff-husband had $176,000 equity in the marital home; moreover, the trial court distributed to the husband $33,662 in “liquid, non-tax-deferred assets.” Therefore, the trial court did not err in determining that the husband “has the ability to make the [$110,575] distributive award.”

Jul 19, 2011

Workers’ Compensation – Appeals – No Late Payment Penalty – Interest

Norman v. Food Lion, LLC When an employer has been ordered to pay workers’ compensation benefits, but the employer appeals, payment does not become due until either the employer waives the right to appeal or all appeals have been exhausted. Therefore, an employer is not subject to a late payment penalty when it loses on appeal or waives further appeal. We reverse the Industrial Commi[...]

May 4, 2011

Workers’ Compensation – Interest – ‘Initial Hearing’ – Vacated Award

Puckett v. Norandal USA, Inc. Even though the first deputy commissioner to hear plaintiff's case made an erroneous ruling and even though the his award was vacated, that hearing was still the "initial hearing" in plaintiff's case, and G.S. § 97-86.2 requires the Industrial Commission to award plaintiff interest on his award "from the date of the initial hearing on the claim...."

Mar 4, 2011

Domestic Relations – Child Custody – Visitation – Costs – Interest – Rule 11 – Sanctions

Peters v. Pennington. (Lawyers Weekly No. 11-07-0215, 42 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County District Court. (Rebecca T. Tin, J.) N.C. App. Click here for the […]

Dec 10, 2010

IOLTA forced to tap reserves for second year

Last year, the board members of IOLTA - the fund that comes from interest on trust accounts - sat around a U-shaped table in downtown Raleigh and did something they didn't want to do: Withdraw $1 million from reserves. One year later, at their annual grant-making meeting earlier this month, they did it again. It wasn't an easy decision, board members said. But in the current economic climate it wa[...]

Sep 13, 2010

Contract – Payment Bond – Subcontractors – Interest

Boatwright Distribution & Supply, Inc. v. North State Mechanical Inc. (Lawyers Weekly No. 10-16-0888, 7 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court (Paul C. Ridgeway, J.) N.C. […]