Fourth Circuit Update

By Sean F. Herrmann

The Fourth Circuit has been relatively quiet on the labor and employment front. But on October 19, 2018, through an unpublished per curium opinion, it affirmed summary judgment in an employment case — Nzabandora v. Rectors and Visitors of the University of Virginia; Commonwealth of Virginia, No. 17-2350 (4th Cir. Oct. 19, 2018). So let’s take a look at it. 

The plaintiff appealed the U.S. District Court for the Western District of Virginia’s dismissal of her disparate treatment (race), retaliation, and hostile work environment Title VII claims. The plaintiff also brought a race discrimination claim under 42 U.S.C. § 1981, but she did not argue it on appeal, so she waived it. The Court also found that she waived her retaliation claim by not briefing pretext.

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NC COA Case Summary: Equitable Distribution, Frady v. Frady

By Evonne Hopkins

Equitable Distribution, COA18-141, Oct. 16, 2018, Frady v. Frady, Transylvania County

Equitable distribution order entered October 20, 2017. Husband appeals.

Husband presented 13 issues on appeal which the court narrowed down to essentially five issues. The Court concluded that issues 1-4 were abandoned by failure of Husband to provide any meaningful support, reason or argument.

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Volunteer Opportunity: Lawyer on the Line – NCBA Paralegal Program

By Rachel Royal and Annette Phelps

The NCBA Paralegal Division, particularly Pro Bono Co-Chair, Annette Phelps, has been working on a project called Lawyer on the Line – Paralegal Program for quite some time, and it is finally ready to be launched! The program is a partnership between Legal Aid of North Carolina and the NCBA Paralegal Division.

While the majority of the work on the project will be handled by paralegals, attorney supervision is still required, because, as you are aware, paralegals cannot give legal advice to clients. To give you an idea of the limited workload required by attorneys within this project, attorneys will be permitted to supervise up to ten (10) advice and/or brief service cases at a time, but they will have the option of supervising fewer, depending on their workload capacity. Additionally, all attorney participation qualifies for Pro Bono hours encouraged by the North Carolina State Bar.

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The Times They Are a-Changin’

By Kathleen Rodberg

Welcome to the first ever blog post on the NCBA’s Elder & Special Needs Law Section blog!  As many of you know, last year the council voted to move toward a blog format instead of a newsletter.  It is our hope that this will allow for the sharing of more current information relevant to an elder and special needs law practice.  If you want to contribute information or an article to the blog, please contact Kathleen Rodberg at [email protected].

This post is to notify you of the following recent changes to our practice area:

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Writs Of Mandamus At the CAVC

By Robert Davis

For those unfamiliar, a writ of mandamus is an order directing a government official to perform his or her duty.  This writ is a request of last resort, but belongs in any administrative lawyer’s repertoire.  Indeed, notification of intent to seek mandamus is often enough to prompt government action.  Recent case law has resolved issues related to the writ’s usage against the Department of Veterans Affairs (VA).  This article gives some general information about writs of mandamus before exploring these recent decisions.

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EENR First-place Essay: ‘Wood Pellets as Biofuel: Is it Sustainable?’

As we wrote last month, the North Carolina Bar Association’s Environment, Energy & Natural Resources Section is pleased to announce the winners of its 2018 Sustainability Essay Contest.  A description of the contest and this year’s topic can be found here.  Please join us in congratulating this year’s winners.

Published below is Emily Liu’s first-place essay on “Wood Pellets as Biofuel: Is it Sustainable?” ($1,000 prize + publication).

Previously published are Catherine Trusky’s “Biomass: Helpful or Harmful?” (Second Place, $500 prize) and Ann Winstead’s “Reduce, Reuse, and Recycle: Waste” (Third place, $250 prize)

A special thanks to Professor Maria Savasta-Kennedy, Ted Feitshans, and Blakely Hildebrand for their time and effort coordinating this contest!

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