The NCBA Education Section proudly presents its annual CLE day on Friday, April 12 in Cary. This year’s program is entitled “Change: How Cultural and Political Shifting Affects the Practice of Education Law.” Click here to view the program brochure.
North Carolina’s social and political environment looks very different than it did a few years ago. Our students, teachers, professors, administrators, and legislators are all reacting to the new normal. But how can (or should) education lawyers respond? Can (or should) we keep doing what we have always done?
Join us on Friday to hear former UNC School of Law Dean Jack Boger give historical context to the current climate surrounding North Carolina’s public schools. Leverage the expertise of colleagues on topics such as student and teacher walk-outs, escalating school violence, federal rule changes on sex discrimination, and more. We will round out the day by better understanding attorneys’ ethical obligations regarding the balance between impartial advice to clients and active participation on relevant societal issues. Schwartz and Shaw’s Brian Shaw will then provide his always-popular case law update.
You may register for the program here. Higher education and school law attorneys alike will benefit from a deeper dive into these fascinating topics. And you will receive 6.0 hours of CLE credit.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2019-04-09 12:28:592019-04-16 10:36:45Practicing Education Law in Changing Times
Here are the 4th Circuit and North Carolina Court of Appeals’ latest employment law decisions.
Gomez v. Haystax Technology, Inc., No. 17-2360 (4th Cir. March 5, 2019) (unpublished) (ADA, FMLA, Title VII, ADEA): Defendants, who are private government contractors, hired Gomez in May 2013 to work on various government contracts. During the course of her employment, Gomez was moved to different contracts and locations as defendants lost and won contracts. Also during her employment, Gomez underwent two hip surgeries. In February 2016, defendants lost the contract Gomez was assigned to. As she was not assigned to a contract, Gomez had to find another position with the defendants to remain employed. Defendants terminated her when she failed to obtain another position. Gomez filed suit against defendants alleging (1) disability discrimination in violation of the ADA; (2) sex discrimination in violation of Title VII; (3) age discrimination in violation of the ADEA; and (4) FMLA retaliation. The district court granted summary judgment on Gomez’s claims, and the 4th Circuit upheld the award. [1] On appeal, the issue before the court was whether Gomez had presented evidence that defendants’ reason for termination—the loss of the contract—was pretext. Gomez first alleged that defendants provided shifting justifications for her termination; the 4th Circuit found these alleged shifting justifications were not presented as justifications for the termination but for why Gomez was not transferred to open positions. Next, Gomez alleged that defendants provided inconsistent statements on the positions available to her prior to her termination; the court easily dismissed this allegation by pointing out that Gomez presented testimony out of context to support her case. Finally, Gomez tried to argue that defendants internally transferred some employees without requiring them to apply for open positions; the court rejected Gomez’s contention by showing the alleged comparator employees or situations were different in meaningful ways. Since Gomez could not support her pretext argument, the 4th Circuit upheld summary judgment.
The Jonathan R. Harkavy Award Committee is accepting nominations from now until Friday, May 31. The Harkavy Award exists to recognize an individual for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.” After completing the nomination form, please submit it, along with any other materials you want the Committee to consider, to Elizabeth Hodges.
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Take advantage of our many Paralegal Division activities this spring
Paralegal Division and Small Firm and Technology Social | April 10, 2019
The Small Firm and Technology Section is hosting a joint social with the Paralegal Division. Please join us on Wednesday, April 10 at Bond Brothers Brewing in Cary. The social starts at 5 p.m.
NCBA PD 2019 Distinguished Paralegal Award | April 19, 2019 Nomination Deadline
We are currently seeking nominations for the 2019 Distinguished Paralegal Award. Do you know a paralegal who actively participates in civic/community volunteering, demonstrates leadership, and promotes the paralegal profession? And, yes, you can nominate yourself. The deadline for nominations is Friday, April 19. The winner will be announced at the PD Annual Meeting on May 3 in Winston-Salem and recognized at the June NCBA Annual Meeting during the Awards Dinner on June 20.
The Privacy and Data Security Committee, which formed last year, is well on its way to becoming an NCBA Section. On Jan. 17, the NCBA Board of Governors gave a green light to the committee’s plan to form a new NCBA Section. Formal recognition as an NCBA Section is anticipated in July. In support of this effort, and in the interest of providing members with insight regarding the work of this committee, North Carolina Lawyer is pleased to provide the following question-and-answer interview with Alex Pearce, who currently chairs the committee.
Pearce grew up in Santa Fe, New Mexico, and has strong ties to North Carolina, where his father is from. He is a 2001 graduate of Wake Forest University and a 2004 graduate of Stanford Law School. He focuses his practice on privacy and data security law with Wyrick Robbins in Raleigh. He has been certified by the N.C. State Bar Board of Legal Specialization as a Specialist in Privacy and Information Security Law, and as a Privacy Law Specialist by the International Association of Privacy Professionals, which has been accredited by the American Bar Association to certify lawyers in this specialty. He is a member of both specializations’ inaugural classes.
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The members of the NCBA Appellate Practice Section respectfully recognize and honor that the year 2019 marks a crescendo in a highly significant commemorative period for the North Carolina Judicial System, with 2016-2019 milestones including the 50th anniversaries of the unified court system (2016), the District Court (2016), the North Carolina Court of Appeals (2017), and the Administrative Office of the Courts (2016); the 240th anniversary of the Superior Court (2017); and this year’s 200th anniversary of the Supreme Court of North Carolina (2019).
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Entry of Default, Specific Performance, COA18-478, Jones v. Jones, Feb. 5, 2019, Lee County
This matter was originally appealed in action COA14-507. After certifying this Court’s decision to the district court, Plaintiff filed a motion for entry of default, and a default judgment was entered on the same day. Defendant filed a motion to set aside entry of default more than one month later. The trial court ultimately denied Defendant’s motion to set aside entry of default. Defendant appeals from the trial court’s order denying his motion to set aside entry of default and ordering specific performance. Because the trial court’s findings were supported by the record, and the trial court did not abuse its discretion, the Court of Appeals affirmed the entry of default and order for specific performance.
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Child custody, subject matter jurisdiction/UCCJEA, COA18-240, Feb. 19, 2019, Walz v. Walz, Carteret County
Holding: The trial court erred in finding that North Carolina was the “home state” of the two minor children and in exercising emergency jurisdiction. The trial court lacked subject matter jurisdiction to make the initial child-custody determination.
In May 2015, Husband and Wife enter into a Separation Agreement (“SAPS”), which gave Wife primary custody of the minor children. The SAPS included a provision that NC would have jurisdiction over matters contained in the agreement. In June/July 2015, Wife moved to Arizona with the minor children.
Equitable Distribution, COA18-405, Feb. 19, 2019, Nordman v. Nordman, Iredell County
Equitable distribution orders and contempt orders are both immediately appealable.
Equitable distribution order remanded for further findings of fact on all factors within Section 50-20(c) supported by the evidence at trial. The trial court must make findings of fact concerning each distributional factor for which evidence is presented and determine in its discretion whether an unequal distribution is equitable.
The Dispute Resolution Section CLE and Annual Meeting, held in the midst of March Madness, was a big success. Donna Savage and her team put together an outstanding program. All the speakers presented interesting ideas and gave the attendees the value of their decades of conflict resolution experience.
You can still view the program and get CLE and CME Credits. Video replays are set in Cary on May 31 and Concord on June 14. Sign-up here.
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