Pendergraph v. North Carolina Department of Revenue. (Lawyers Weekly No. 11-15-0302, 10 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct. Click here to read the full text of the opinion. Holding: The plaintiff-public employees’ retirement benefits had not yet ...

Tagged with: Contract Labor & Employment Public Employees Retirement Taxation

By GARY S. WILLIAMS, Dolan Media Newswires [email protected]   One of the biggest lessons of the recent economy is that many people who thought they were financially ready for retirement … weren’t. The amount of money, investments and government support ...

Tagged with: Retirement

Matlock v. Pitney-Bowes, Inc. (Lawyers Weekly No. 10-03-1135, 24 pp.) (Thomas D. Schroeder, J.) M.D.N.C. Holding: Where plaintiffs’ unmarried decedent remained an active employee on long-term disability so he could keep his health insurance, his death two weeks before his ...

Tagged with: Health Insurance Labor & Employment Retirement

By ED POLL, Special to Lawyers Weekly [email protected]   In my last column I discussed various state bar rules that restrict the intent of Rule 1.17 to allow a partial practice sale, including the Illinois example that purportedly permits no ...

Tagged with: Business of Law Coach's Corner Practice Management Retirement

Walker v. Department of State Treasurer. Petitioner did not show that respondent ever represented to him that town employees were respondent's agents for purposes of explaining petitioner's retirement benefits; therefore, the representations made by town employees are not binding on respondent. We reluctantly affirm the superior court's order that petitioner repay the retirement benefits paid to him by respondent from January 1996 through November 2006.

Tagged with: Benefits Labor & Employment Public Employees Retirement Rockingham County

  Hall v. Tyco International Ltd. (Lawyers Weekly No. 10-03-0927, 10 pp.) (James A. Beaty, J.) M.D.N.C. Holding: Even if the court accepts plaintiff’s personal calculations as to how much money he lost in the 24 hours during which his ...

Tagged with: ERISA Fraud Health Insurance Labor & Employment Retirement Securities Fraud

A North Carolina appellate court has for the first time addressed the effect that payments an employer makes on behalf of an employee have on the employee's adjusted gross income under the child-support guidelines in G.S. § 50-13.4(c). "Any time we have a new case that helps us define what is income and what is not for calculating child support, it is a big deal," said Charlotte attorney Rebecca K. Watts, who represented the mother in Caskey v. Caskey (Lawyers Weekly No. 10-07-0859, 16 pp.).

Tagged with: 401(k) Child Support Domestic Relations Family Law Income Medicare Retirement

Langston v. Richardson. (Lawyers Weekly No. 10-07-0746, 18 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J., dissenting) Appealed from Perquimans County District Court. (C. Christopher Bean, J.) N.C. App. Holding: A husband’s separate investment accounts became marital property ...

Tagged with: Domestic Relations equitable distribution Retirement

McCaskill v. Department of State Treasurer. (Lawyers Weekly No. 10-07-0548, 57 pp.) (Sam Ervin IV, J.) (Robert C. Hunter, J., dissenting) Appealed from Durham County Superior Court. (Orlando F. Hudson Jr., J.) N.C. App. Holding: Plaintiff agreed to abandon his ...

Tagged with: Employment Law Labor & Employment Retirement