Nix v. Nix Although the defendant-wife did not obtain the advice of counsel before she signed the parties’ separation agreement and property settlement (SAPS), she had the opportunity to do so during the several months she held on to the SAPS prior to signing it. Moreover, she accepted the child support that the plaintiff-husband paid pursuant to the SAPS, implicitly acknowledging that she considered the SAPS to be binding and legally enforceable.Read More »
COLUMBIA (AP) — Trustees who say they were unjustly removed from the charitable trust of the late soul singer James Brown urged South Carolina’s Supreme Court last week to strike down the estate settlement. The justices questioned an attorney for former trustees Adele Pope and Robert Buchanan about their contention that then-South Carolina Attorney General Henry McMaster didn’t have the authority to push through the deal that ended years of fighting among Brown’s heirs. Pope and Buchanan asked that the settlement be reorganized by a lower court. The dispute began shortly after the Godfather of Soul died of heart failure on Christmas Day 2006 at age 73. The performer’s death touched off years of bizarre headlines, beginning with his widow Tomi Rae Hynie being locked out of his 60-acre estate and photographers capturing her sobbing and shaking its iron gates, begging to be let in.
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Civil Practice – Class Action – Corporate Merger – Settlement – Standard of Review – First Impression — Attorneys’ Fees
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.Read More »
Valuing the wrongful death case off Maxine Sweatt, a 67-year-old technologist at a hospital blood bank, proved difficult for Winston-Salem attorney Eliot Fus. Sweatt died on Oct.10, 2010, after a motor vehicle accident in Surry County. Lakyn Ashli Webb’s vehicle struck Sweatt’s motorcycle from behind, killing Sweatt. Webb later admitted responsibility for a related traffic infraction. Sweatt’s next of kin were a sister and two half-sisters, and they lived in other parts of the country.Read More »
Runnels v. Robinson After buying a house, plaintiff sued the sellers and their real estate agency. Plaintiff settled with the real estate agency and signed a general release of "all" persons. Although plaintiff and the real estate agency attempted to rescind the original release and substitute a more limited release, plaintiff had already released the sellers.
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McCaskill v. Department of State Treasurer. (Lawyers Weekly No. 11-06-0263, 2 pp.) (Per Curiam) (Barbara Jackson, J., not participating) Appealed from Durham County Superior Court. (Orlando F. Hudson Jr., J.) On appeal from the N.C. Court of Appeals. N.C. S. ...Read More »
By JEREMY BABENER, Special to Lawyers Weekly firstname.lastname@example.org Whether your client is pursuing a personal injury claim, or making medical payments after receiving a settlement or award, understanding the tax relationship between personal injury damages and the medical expense deduction ...Read More »
Attorneys – Tort/Negligence – Personal Injury – Settlement Proceeds – Medical Expenses – Contingency Fee
T.A. Loving Co. v. Denton. (Lawyers Weekly No. 10-02-0723, 10 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Where the defendant-attorney and his law firm were not signatories to plaintiff’s health-care plan, did not otherwise agree to disburse funds in accordance ...Read More »
The case involved two workers who were called into an industrial plant to help repair some faulty equipment. They were not employed by the plant, but instead, were third-party contractors with specialized skill. During the course of the workers’ performance ...Read More »
The estate’s beneficiaries were the parents of a 38-year-old daughter who was a successful nurse. She was unmarried and had no children and lived near her parents, who are in their 70s. She helped to care for them. The at-fault ...Read More »