Month: March 2018 (page 1 of 4)

Paralegal Potpourri Friday: PD Annual Meeting, CPE, Awards, Nominations, Etc.

Happy Spring!  It is (finally) time to put away those winter coats and enjoy warmer days with lots of sunshine! Take a minute to catch up on the latest news around the Paralegal Division.

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Sunday Best: Catch Up On the Week’s Top NCBarBlog Posts

Here’s what NCBarBlog readers found most interesting on our pages this week:

NC Free Legal Answers: Pro Bono At Your Fingertips

NC’s New Expunction Law Offers Juvenile Offenders a Fresh Start

Phyllis Pickett: A Woman for All Seasons

NC Court of Appeals Issues Decisions Analyzing Disability Post-Wilkes

Paralegal Potpourri Friday: PD Annual Meeting, CPE, Awards, Nominations, Etc.

NC Court of Appeals Issues Decisions Analyzing Disability Post-Wilkes

By Elizabeth Ligon

 The Court of Appeals recently released two decisions that analyzed issues relating to disability – specifically, the burden of proving futility – post-Wilkes v. City of Greenville. In Adame v. Aerotek, an unpublished decision, Plaintiff sustained a low back injury in June 2013. After receiving conservative treatment with multiple doctors, Plaintiff was ultimately released with permanent work restrictions of no lifting over 40 pounds, with frequent lifting and carrying of objects weighing up to 25 pounds. Plaintiff sought ongoing temporary total disability benefits, but the Industrial Commission found he was not entitled to indemnity benefits or vocational assistance because Plaintiff failed to meet his burden of proving disability. Plaintiff appealed to the North Carolina Court of Appeals.

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Phyllis Pickett: A Woman for All Seasons

By Bain Jones

Phyllis Pickett

Having grown up in the Burgaw area of North Carolina, Phyllis Pickett saw a very diverse profile of North Carolina in the early years of her life. She recognized the strengths and weaknesses of a community of farmers, small town businesses, military individuals from nearby installations and the struggles of a small Eastern North Carolina town during the latter part of the 20th century. Phyllis was drawn to helping shed light on difficult challenges and giving individuals without a voice the opportunity to be heard. Phyllis developed her intellect, consensus building skills and persuasive talents while helping many people in the Burgaw area.

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Supreme Court Hears Review Process Case NC BOE v. State of NC Et Al.

By Janet Thoren

The North Carolina Supreme Court heard oral arguments in February in N.C. State Board of Education v. The State of North Carolina and the N.C. Rules Review Commission in which the BOE is seeking a determination as to whether or not it is exempt from the review process almost all state agencies must use before rules can be enacted. Here are links to the briefs filed in this important administrative law case:

110PA16-2  333PA17

 

NC’s New Expunction Law Offers Juvenile Offenders a Fresh Start

By Tarrah Callahan and Daniel Bowes

Callahan

When prosecutors, defense attorneys, people with criminal records and advocates from the right and left agree on a criminal justice policy reform, one can have a fairly strong degree of confidence in the measure. Last year, Session Law 2017-195: Expungement Process Modifications enjoyed such widespread and bipartisan support as it moved through the General Assembly and was quickly signed into law by Gov. Cooper.

Session Law 2017-195: Expungement Process Modifications enjoyed broad bipartisan support as advocates across the political spectrum recognize that once a person has paid their debt to society, saddling an individual with a criminal record that triggers a wide range of collateral consequence is antithetical to a system that purports to support opportunity and individual responsibility.

Bowes

Expungements have been exceedingly rare in North Carolina, in part because of narrow eligibility and in part because of the complicated process that bars the average person from applying for an expunction without representation by counsel. The modifications made by S445 represent an important and necessary step for our state as North Carolina’s waiting periods and limitations on expunctions were well out of step with other states.

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Items of Interest: Hidden Liability of March Madness Pools, Powerball Winner Sues for Anonymity

Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section.

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Sunday Best: Catch Up On the Week’s Top NCBarBlog Posts

Here’s what NCBarBlog readers found most interesting on our pages this week:

Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction

An Untapped Source of Savings for State and Local Government Owners of Property

A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In The NC Business Court

Launching the Appellate Practice Section Blog with Exciting News!

Say Hello To the Small Firm & Technology Section

A Win For Arbitration in 2018

Our Annual Workshop In Kiawah Is Just Two Months Away

By Keith Wood

On Wednesday, March 7, the Tax Section Council met at the Mecklenburg County Bar Center in Charlotte, and so I wanted to give everyone an update on some of the things happening in our Section.

First and foremost, Kevin May and his CLE Committee have organized an outstanding CLE agenda for the 17th Annual North Carolina/South Carolina/Georgia Tax Section Workshop to be held May 25-27 in Kiawah Island, S.C.  Below you will see a summary of the program agenda.

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Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction

By Jeremy Falcone

Courts have generally excluded residential real estate transactions from North Carolina’s Unfair and Deceptive Trade Practice statute, section 75-1.1. A recent decision from the North Carolina Court of Appeals, called Capps v. McSwain, addressed this exemption. This post explores this decision—including the reasons behind the exemption.

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