State v. McDonald (Lawyers Weekly No. 15-07-0203, 21 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Hugh Lewis, J.) N.C. App. Holding: Although the trial court found that the primary programmatic purpose of the checkpoint at issue was ...

Tagged with: Checkpoint reasonableness

Hurley v. Wal-Mart Stores, Inc. G.S. § 97-90(c) gives the Industrial Commission the authority to determine the reasonableness of an attorney’s fee but not to require a defendant to pay a plaintiff’s legal fees.

Tagged with: attorney's fees reasonableness Workers Compensation

Franklin v. Broyhill Furniture Industries When a truck driver has limited his job search to truck-driving positions, before the Industrial Commission can conclude the truck driver is disabled, the Commission must make findings and conclusions explaining why the limitation on his job search was reasonable. We affirm in part but reverse and remand on the issue of disability. Defendant argues that, when relying on an unsuccessful job search to prove disability, a claimant must produce evidence and the Commission must find that he unsuccessfully searched for employment in fields other than the one in which he was employed at the time he was injured. We disagree.

Tagged with: disability Job Search reasonableness Truck Driver Workers’ Compensation

Jackson v. Penton. The trial court had the authority to award reasonable attorney's fees under the express provisions of a separation agreement; however, the amount of fees was unreasonable where they were awarded to enforce a provision of the separation agreement that was unenforceable as against public policy. Affirmed in part; reversed and remanded in part.

Tagged with: Alimony attorney's fees Domestic Relations Moore County reasonableness Separation Agreement

   MJM Investigations, Inc. v. Sjostedt. (Lawyers Weekly No. 10-16-0715, 12 pp.) (Linda M. McGee, J.). (Sanford L. Steelman Jr., J., concurring in the result) Appealed from Wake County Superior Court (Paul C. Ridgeway, J.). N.C. App. Unpub. Holding: Where ...

Tagged with: Contract non-compete clause reasonableness Wake County

MJM Investigations, Inc. v. Sjostedt. Where the plaintiff's non-solicitation clause was vague as to whom it covered, it was unenforceable. Furthermore, when the trial court "blue penciled" the agreement to remove the covenant not to compete, it removed the only time restriction.

Tagged with: Contract non-compete clause reasonableness