12 Tuesday Oct 2010
Posted in NC Court of Appeals, NC Law, NC Supreme Court, News
Tags
Barbara Jackson, NCADA, North Carolina, North Carolina Court of Appeals, North Carolina Supreme Court
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The North Carolina Defense Fund, the political action committee of the North Carolina Association of Defense Attorneys endorses Ann Clabria, Jane Gray, Mark Klass, J. Douglas McCullough, and Richard Elmore for the North Carolina Court of Appeals.
The North Carolina Defense Fund endorses Robert Hunter, and Barbara Jackson for the North Carolina Supreme Court.
11 Monday Oct 2010
Posted in News
Oct. 10) – An Amber Alert was issued Saturday afternoon for 10-year-old Zahra Clare Baker of Hickory, N.C.
nccrimecontrol.org
Authorities in North Carolina are searching for 10-year-old Zahra Claire Baker, who was reported missing from her home Saturday.
The father and stepmother of Zahra, who is hearing impaired, told police they last saw her around 2:30 a.m. sleeping in her bedroom, WRAL.com reported. She is 5 feet, 1 inch tall, weighs 85 pounds and has a prosthetic leg below her left knee.
She was last seen wearing a camouflage T-shirt and black knee-length tights.
Hickory, N.C., police said that Zahra’s stepmother, Elisa Baker, was arrested on Sunday for charges unrelated to Zahra’s disappearance, according to The Associated Press. A police spokesman declined to say what the charges are.
If you have any information, please call the Hickory Police Department at 828-328-5551, or call 911.
See All Active Amber Alerts
via Amber Alert Missing Hickory North Carolina Girl Zahra Clare Baker.
05 Tuesday Oct 2010
Posted in Insurance, Insurance Coverage
The Sixth Circuit Court of Appeals ruled that an insurer was not obligated to pay for water damages to a condominium building because the insurance policy specifically excluded coverage for damages caused or resulting from building construction and design defects. TMW Enterprises, Inc. v. Federal Ins. Co., No. 09-1542, (6th Cir. Aug, 25, 2010). Substandard construction on an exterior wall allowed the water intrusion which resulted in damages of $4 million.
“In no case will we entertain any loss or claim that occurred or was in progress prior to the policy period inceptiondate or after the policy period expiry date shown on the Declarations.” This, and other similar language is common in policies as it implies that defective construction occurs prior to completion. While this language is in the insuring agreement, the clause discussed in the TMW case was a specific exclusion which related to substandard construction.
via Homeowner’s Insurance Does Not Cover Defective Construction « South Carolina Construction Defect Law.
04 Monday Oct 2010
Posted in News
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The Supreme Court‘s fall term opens today with a historic first — three women on the bench.
On the docket, the 2010-11 term has a broad range of significant challenges including issues involving speech and religion, job discrimination, sentencing, prosecutorial immunity, right to counsel and privacy, among others. The Court also continues its strong interest in business issues. Nearly half of the 52 cases granted review could be considered business-related.
via Law.com – On the High Court’s Fall Docket, Few Blockbusters — but Plenty to Watch.
04 Monday Oct 2010
Posted in Insurance, Insurance Coverage
Last week I attended the NC Association of Defense Attorneys Medical Malpractice Seminar. I found the seminar very informative and enjoyed talking with the professionals that practice in this area.
04 Monday Oct 2010
Posted in NC Court of Appeals, NC Law, Negligence
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The N.C. Court of Appeals in Alston v. Granville Health System, recently issued an opinion finding that a claim of negligence where the unconscious patient fell off a hospital gurney is proper under the doctrine of res ipsa loquitur.
27 Monday Sep 2010
Tags
Education, National Association for the Advancement of Colored People, North Carolina, Wake County North Carolina, Wake County Public School System
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NAACP president Ben Jealous, the Rev. William Barber announced Saturday the organization has taken legal action against the Wake County Public School System over its decision to end a nationally-recognized socio-economic diversity policy.
via NAACP takes legal action against Wake schools | abc11.com.
15 Wednesday Sep 2010
Posted in Insurance, Insurance Coverage, Negligence
Tags
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I will be attending the 30th IRMI Construction Risk Conference, which is being held in Orlando, FL November 14-18, 2010. IRMI is a great resource for risk and insurance solutions for those in the construction industry. If you haven’t visited their website you are missing out on a wealth of information. http://www.irmi.com
09 Thursday Sep 2010
Posted in News
The North Carolina Supreme Court will hear oral arguments Thursday in what may be a landmark case for ballot access reform which may have implications beyond North Carolina. The hearing culminates a five year challenge by the Libertarian and Green parties to the constitutionality of North Carolina’s ballot access laws.
The hearing is set for 9:30 am, 2 East Morgan Street, Raleigh. The Libertarian and Green parties have scheduled a brief press conference at 9 a.m. in front of the courthouse.
The Libertarians filed the lawsuit in 2005 and the Green Party joined in 2006. They argue that North Carolina’s ballot access restrictions violate the state constitution, which guarantees that all elections shall be free and that with very few restrictions every voter shall be eligible for election by the people to office.
09 Thursday Sep 2010
Posted in NC Court of Appeals, News
Thirteen candidates filed to run for one judgeship vacated recently by Judge Jim Wynn before a one-week filing period ended late Tuesday afternoon. Five signed up on the final day.
The candidates include Cressie Thigpen, whom Gov. Bev Perdue chose to replace Wynn through December, former Court of Appeals Judge Doug McCullough and former state Labor Commissioner Harry Payne.
The number of candidates means voters must use instant runoff voting to choose a winner on Nov. 2. The voters rank their top three candidates in order of preference. Second-place votes are counted if no one gets a majority of first-place votes.
via Thirteen file for N.C. Court of Appeals – Elections – NewsObserver
In the other three contested Court of Appeals races, Anne Marie Calabria is running against Wake County District Judge Jane Gray to hold onto her seat, and incumbent Martha A. Geer faces a challenge from Dean R. Poirier, an appeals referee with the N.C. Employment Security Commission. Steven Walker, a legal clerk at the N.C. Supreme Court, is challenging Court of Appeals Judge Rick Elmore. Judge Sanford A. Steelman Jr. is unopposed.
North Carolina Litigation Blog 