During the parties’ marriage, they both liquidated 401(k) accounts and pension plans due to unemployment. Husband went back to work, and Wife enrolled in school. A few years later, the parties opened up a joint account where both Husband and Wife would draw money, and Wife would sometimes withdraw funds to transfer to her separate account.
Wife had children from a previous marriage. Prior to this marriage, that ex-husband took out a $1M life insurance policy and named Wife the beneficiary. Wife partially paid the insurance premiums with funds received from Husband. That ex-husband died, and 4 months later the parties separated.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2019-12-15 21:46:242019-12-16 16:01:17Case Updates - ED and Life Insurance
Our section just wrapped up its first CLE of the Bar Year on December 4, 2019. That CLE program provided an overview of the Workers’ Compensation Act, directed at those attorneys who are new to the practice. The program covered the fundamentals of working within Chapter 97 and covered numerous topics, including: relevant definitions, defenses, settlement, litigation, and navigating the Act’s governing body, the Industrial Commission. Special thanks to Jeanette Byrum and Sherman Criner for planning this program and to the following speakers: Elias Admassu, Emily Baucom, Angela Craddock, Casey Day, Meredith Henderson, Tracey Jones, Dawn Lane, Elizabeth Ligon and Paul McCoy. If you missed this program, a video replay has been scheduled for March 10, 2020 at the Bar Center in Cary.
The Workers’ Compensation Section’s Annual Meeting and spring CLE program will be held February 6-7, 2020 at the Grandover Resort and Conference Center in Greensboro. Co-planners Sarah Blair and Cameron Simmons have designed this program as a one-stop shop that will cover case law updates, foreshadowing of the upcoming extended benefits cases, and the overlap between employment law and the Workers’ Compensation Act, among other topics. The program has been approved for 9 Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) hours and includes 3 hours of Ethics/Professional Responsibility, 1 hour of Substance Abuse/Mental Health, 2 hours of Certified Mediator Education and 1 hour of Technology Training. The program also qualifies for NC State Bar Workers’ Compensation Law Specialization credit.
See the North Carolina Bar Association website for further details concerning the video replay of the December 4, 2019 program and/or the upcoming Annual Meeting and CLE on February 6-7, 2020. We look forward to seeing everyone in February!
When Meredith Fisher discovered her sister Michelle’s brutally beaten and lifeless body on the floor of the master bedroom she shared with her husband Jason, a quest for justice began—one that would ultimately last 12 years and end in the murder conviction of Jason Lynn Young in a Wake County courtroom.
The compelling story is told in Murder on Birchleaf Drive by Poyner Spruill lawyer and NCBA member Steven B. Epstein.
The Jason Young murder case is also now the focus of a 3-hour CLE program Epstein will present on January 10 at the N.C. Bar Center titled “Murder on Birchleaf Drive: Trial Strategy for True Crime Lovers.”
Earlier this year, the United States Supreme Court issued a major trust tax decision in North Carolina Department of Revenue v. Kaestner Trust, holding that a trust beneficiary’s residence cannot be the sole basis for a state’s imposition of its income tax on the trust’s undistributed income. The Court’s decision broke roughly 90 years of silence on whether such taxes violate the Due Process Clause and will shape tax policy for years to come.
Given the importance of the Kaestner decision to many practice areas, it should be no surprise that the Appellate Practice, Estate Planning & Fiduciary Law, Litigation, and Tax Sections have joined up to co-sponsor a robust half-day CLE program on January 28, 2020:
Trusts, Taxes and Trials: An In-Depth Look at the U.S. Supreme Court Kaestner Decision
Tuesday, January 28, 2020
North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27513
The complete agenda and registration information can be found here. Do not miss out on this great program!
If you are interested in publishing an article with the Appellate Practice Section Blog, please contact Jeff Kelly at [email protected].
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2019-12-12 16:18:072019-12-13 13:27:54Register for “Trusts, Taxes and Trials: An In-Depth Look at the U.S. Supreme Court Kaestner Decision” on Jan. 28 in Cary
The Dispute Resolution Nominations Committee is seeking nominations for eight new Council Members for three year terms expiring 2023 and one Council Member to fill a position that has a term expiring 2022. The Committee is also seeking nominations for a recipient of the 2020 Peace Award. If you would be willing to serve or would like to nominate a Section member please email Ann Anderson at [email protected] no later than February 7, 2020.
Members of the Council generally serve three year terms and attend quarterly Section Council meetings. Council members must be members of the Section and should be willing to participate actively on one or more Section projects.
The Peace Award is given by the Section to one or more individuals who have made a special contribution or commitment to the peaceful resolution of disputes. Last year LeAnn Nease Brown was our Section Peace Award winner. For more information about the award and other past recipients see the following: https://ncbarblogprod.wpengine.com/lets-recognize-the-peacemakers-among-us/
Nominations for the Council as well as the positions of Treasurer and Secretary will be submitted to the Section for a vote at the annual meeting in March. The Section Peace Award recipient will be announced at that time as well.
I hope y’all appreciate that I read these opinions so you don’t have to. The employment decisions over the past several months have been fairly pedestrian.
Clehm v. BAE Sys. Ordnance Sys., Inc., No. 18-2010 (4th Cir. Sept. 30, 2019) (unpublished) (Title VII): Clehm was sexually assaulted by a coworker, who BAE terminated and who was ultimately sent to jail. Clehm claimed that after the coworker’s termination she endured workplace harassment from co-workers, including what the 4th Circuit described as “shocking evidence” of a “generally sexualized work environment.” However, the evidence showed that BAE disciplined the harassers and provided support for Clehm. Clehm filed suit against BAE alleging, among other claims, Title VII hostile work environment and retaliation. The 4th Circuit upheld the grant of summary judgment on both claims in favor of BAE due to Clehm’s inability to impute liability to BAE for her co-workers’ conduct. Specifically, there was no evidence that BAE “knew or should have known about the harassment and failed to take effective action to stop it.” Clehm’s retaliation claim also failed since BAE had not taken any adverse action against her.
January 23, 2020 | Law Student Division Networking Reception | Cary | 5:00 pm
COMMITTEE AND SECTION UPDATES
Civic Engagement Committee: The Civic Engagement Committee of the YLD will be hosting a “Pathway to the Judiciary” Panel on December 11, 2019 from 6:00 to 8:00 PM at the Bar Center in Cary, featuring the following jurists: Court of Appeals Judge Allegra Collins, Fmr. Supreme Court Justice Bob Edmunds, Fmr. Court of Appeals Judge and Supreme Court Justice Robert N. Hunter, Jr., NC Admin. Law Judge Melissa Lassiter, Superior Court Judge Paul Ridgeway, and Fmr. Court of Appeals Judge Linda Stephens. Food and refreshments will be provided. Unable to attend in person? Join us LIVE on Zoom.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2019-12-04 19:09:052019-12-06 09:39:02Sports & Entertainment Law Section Articles of Interest (November 2019)
We are pleased to share the winning essays from the 5th Annual Sustainability Contest sponsored by the NCBA’s Environment, Energy & Natural Resources Section. The contest is open to all North Carolina high school students. Students participating in the 2019 contest were asked to respond to the following prompt:
North Carolina relies on nuclear power, coal, natural gas and renewable energy generated by solar, geothermal, biofuel and wind to meet the state’s energy needs. Each of these energy sources have positive and negative attributes in terms of cost, feasibility, transmission, distribution, and managing the waste from energy production. Is the state’s current mix of energy sources sustainable? Why or why not? If not, how would you allocate the percentage of each energy resource the state relies upon and why? Please respond in an essay of 2000 words or fewer, citing all materials (laws, studies, websites, news articles, etc.) that you rely upon in your analysis.
The EENR council was thrilled to receive 44 applications from high school students from across the state! We have included links to the following top three winning essays for your reading pleasure:
By amending its gambling laws this past summer, North Carolina may have invited an uncontemplated inevitability. On July 26, 2019, North Carolina Governor Roy Cooper signed Senate Bill 154 into law.[1] The new law allows “sports and horse race wagering” on Native American tribal lands under the federal Indian Gaming Regulatory Act.[2] Senate Bill 154 aimed to amend N.C.G.S. § 14-292.2 so that “sports and horse race wagering” would be included on the list of games that could be legally conducted in casinos located on tribal lands within North Carolina.[3] Under the new law, sports betting must occur on tribal lands and is limited to betting on the outcomes of sporting events.[4]
North Carolina became the tenth (10th) state to legalize sports betting, albeit limitedly.[5] In the wake of the Supreme Court’s striking down of the Professional and Amateur Sports Protection Act (“PAPSA”) in 2018,[6] many states have authorized sports gambling using a “walk-jog-run” approach.[7] This method slowly introduces sports betting into the population. The “walk” stage allows gambling in only brick-and-mortar locations, like tribal land casinos. The “jog” period permits “proposition” betting on aspects of sporting other than the outcome of games. The “run” phase authorizes mobile betting. Proponents of the North Carolina law estimated that a brick-and-mortar sports betting approach could generate as much as $1.5 million in revenue for the state.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2019-12-04 10:52:162019-12-04 16:25:33The Slippery Slope of Legalizing Sports Betting in North Carolina
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When Meredith Fisher discovered her sister Michelle’s brutally beaten and lifeless body on the floor of the master bedroom she shared with her husband Jason, a quest for justice began—one that would ultimately last 12 years and end in the murder conviction of Jason Lynn Young in a Wake County courtroom.
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