Justice Beasley Continues Trial Court Deadlines into June

Daniel Adams

Kasi Robinson

By Daniel Adams and Kasi Robinson

On April 13, 2020, Chief Justice Beasley issued another order further extending certain District and Superior Court filing deadlines and limitations periods into June 2020.  Until this order was issued, these deadlines were set to expire this Friday, April 17, pursuant to Justice Beasley’s March 19 order. The key provisions of the latest order are below.

Extension of Time and Periods of Limitation

  • All pleadings, motions, notices, and other documents and papers due to be filed in any county on or after March 16, 2020 and before the close of business June 1, 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if filed before the close of business on June 1, 2020.
  • All “other acts that were or are due to be done” in any county on or after March 16, 2020 and before the close of business on June 1, 2020 in civil actions, criminal actions, estates, and special proceedings will be timely if done before close of business on June 1, 2020.
  • This order does not apply to filings or acts due in the N.C. Appellate Courts.
  • As reiterated by Chief Business Court Judge Bledsoe’s April 14, 2020 Order, Chief Justice Beasley’s April 13, 2020 Order applies to all actions pending before the N.C. Business Court.

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Checking In: April 14, 2020

By Jessica Junqueira

Statewide Promotions and Hires

Stephen Bell has joined Cranfill Sumner & Hatzog LLP (CSH Law). Bell is an associate attorney in civil litigation. He has over seven years of experience litigating complex commercial matters. His practice areas are commercial litigation, as well as class actions, multi-district litigation and real property disputes. As outside counsel, Stephen has assisted businesses across the state in a number of areas, including regulatory issues. He obtained his Juris Doctorate from Wake Forest University School of Law and his undergraduate degree in Psychology from Clemson University.

 

 

Rochelle B. Mayfield has joined the Charlotte office of Eller Tonnsen Bach as of counsel. Her area of practice is workers’ compensation defense, and she has 12 years of experience in workers’ compensation litigation. Before Eller Tonnsen Bach, she practiced at Hedrick Gardner Kincheloe & Garofalo LLP in Charlotte. Her clients included employers and insurance carriers. Mayfield has served as a volunteer with Legal Aid of North Carolina and the North Carolina Bar Association’s 4All Statewide Service Day. Mayfield received her Juris Doctorate from North Carolina Central University School of Law and her Bachelor of Arts from the University of North Carolina at Greensboro.

 

R. Scott Tobin was named as a partner at Taylor English Duma, LLP. Tobin practices in the areas of business, finance, strategic partnerships, licensing, mergers, and acquisitions, emerging companies and venture capital, corporate and litigation. In his role as U.S. general counsel, he provides support to international companies. He has extensive experience advising clients on risk and growth opportunities during crucial moments. Tobin graduated from the University of North Carolina School of Law and UNC Chapel Hill, where he received his Bachelor of Arts degree. He serves as an Executive Committee member for the University of North Carolina School of Law Alumni Association.

 

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SEL Chair’s Comments

By Brandon Huffman

I am working in my attic again. My firm has grown, but this is where it began. It is a fortress of solitude as dogs bark and kids rage in the floors beneath it. I am fielding calls from clients and answering emails like normal, but the tone has shifted. There are more calls about deals being called off and more emails about getting out of obligations or getting relief from the government. There are also more human conversations happening by Zoom, Skype, Hangouts, and Houseparty. I’m hearing more questions about individual well-being and mental health than ever before.

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Loneliness in the Law

By Marc E. Gustafson

As we’re all adjusting to this new normal, I’m quickly realizing that practicing law from home certainly isn’t without its issues. There are the technological issues of not having your files immediately at your fingertips, the inconvenience of not having multiple screens to compare documents and the reality of one’s unflattering appearance on Zoom.

Then there’s the very real problem of wanting to eat everything in the house, not just because of its ready availability but also the urge that stress prompts. And if you’re like me, you have the added pressure of trying to homeschool two young boys that have been stuck inside for large parts of the day without their school friends to help them burn off their seemingly endless energy. But above all that, there’s the loneliness, which seems odd given the constant comings and goings of my family through my makeshift office in the dining room.

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How to Make It Work While Working from Home

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By Samantha E. Gordon

One word has been on everyone’s mind lately: Coronavirus. When will the stay-at-home orders be lifted? When can I go to the grocery store without worrying about whether I will find toilet paper? When can I go eat at my favorite restaurant again or will my favorite restaurant even be open after all of this is over?

These questions are on most Americans’ minds daily. The unknown of when this is all going to end is terrifying. There have been so many different occupations affected by this pandemic, lawyers included. Before Governor Cooper announced the statewide stay-at-home order in North Carolina, lawyers from the North Carolina State Bar and NCBA asked Governor Cooper to consider legal services “essential.” When the Order was issued on March 27, legal services were considered essential. Even so, many lawyers find themselves working at home. If you are not used to working from home, finding motivation and willpower to get work done can be challenging. There are plenty of distractions: dogs, children, outdoor projects, spring cleaning, Tiger King . . . the list goes on.

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“Misperception Discrimination”: What North Carolina Employers Need to Know

By Savannah Singletary

Assume that an employee is fired because her employer mistakenly believes she is of Middle Eastern descent. In fact, she is not. Should she be able to state a claim under Title VII? Courts are now divided about whether Title VII protects persons who are perceived to belong to a protected class, even if the employer is mistaken in that belief. While many jurisdictions allow misperception discrimination claims, others, like the Western District of North Carolina, do not.

Perceived Protected Traits in Title VII

Title VII purports to safeguard equality in seeking and retaining employment opportunities. Some courts conclude that to achieve that goal, an employer should face liability for discrimination based on a perception that an employee is a member of a protected class, although the employee is not actually in that class. However, unlike the ADA, which defines disability as being “perceived” to have an impairment, Title VII does not explicitly protect someone who is misperceived to be a member of a protected class. This apparent ambiguity has engendered disputes among jurisdictions.

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How to Make It Work While Working from Home

By Samantha E. Gordon

One word has been on everyone’s mind lately: Coronavirus. When will the stay-at-home orders be lifted? When can I go to the grocery store without worrying about whether I will find toilet paper? When can I go eat at my favorite restaurant again or will my favorite restaurant even be open after all of this is over?

These questions are on most Americans’ minds daily. The unknown of when this is all going to end is terrifying. There have been so many different occupations affected by this pandemic, lawyers included. Before Governor Cooper announced the statewide stay-at-home order in North Carolina, lawyers from the North Carolina State Bar and NCBA asked Governor Cooper to consider legal services “essential.” When the Order was issued on March 27, legal services were considered essential. Even so, many lawyers find themselves working at home. If you are not used to working from home, finding motivation and willpower to get work done can be challenging. There are plenty of distractions: dogs, children, outdoor projects, spring cleaning, Tiger King . . . the list goes on.

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A Message From the Chair

By Jenna Fruechtenicht Butler

As I look out the window from my home office, the waters on Masonboro Sound are soothingly calm. There is no hint of the worldwide pandemic raging around us, but then I think back to the email I received last Friday from the wife of a client I had last seen at the end of February. Her life has been turned upside down by her husband’s untimely passing from COVID-19. It’s a lot to digest, and as lawyers, we are dealing with our own situations as well as those of our clients.

Yesterday, I participated in a zoom call with NCBA President, LeAnn Nease Brown, NCBA Executive Director, Jason Hensley, and other bar leaders and section chairs. Our discussion centered on what the NCBA is and can be doing right now for you, its members. Toward that end, I encourage you to visit the NCBA website if you are in need of any COVID-19 resources or updates. The bar is doing an excellent job of staying on top of things, and there is a link that takes you to a lot of useful information.

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Exercise is an Essential Activity

By Lisa Arthur

YLD Division Director and avid runner

If you’re like me, you’re probably feeling a lot of things right now. Uncertainty is now the new normal, and lawyers are not the best with uncertainty. So how are you coping with the new normal?

Let me make a suggestion: exercise.

In the midst of a great respiratory pandemic, why not exercise your lungs? I don’t know if there is any science linking exercise to better chances at handling COVID-19, but I can tell you from personal experience that it has helped me to keep my sanity.

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U.S. International Education Response and Resilience Webinar Series

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The U.S. Commercial Service Global Education Team is offering the “U.S. International Education Response and Resilience Webinar Series” to address the COVID-19 health crisis affecting the U.S. international education industry.

The first webinar will be held the afternoon of April 15 at 3 p.m. EDT (2 p.m. CDT; 1 p.m. MDT; 12 p.m. PDT). Participation is free of charge. The topics addressed in this webinar include:

  • U.S. Education Industry Support for International Educators in Response to COVID-19 — Joann Ng Hartmann, Senior Director, IEM-ISS Services, NAFSA: Association of International Educators
  • Admissions Schedule and Requirement Changes — Mallik Sundharam, Associate Vice President, International Enrollment Management, Northeastern University and Eileen Tyson, Executive Director, TOEFL & GRE Global Client Relations, ETS
  • U.S. Commercial Service Virtual Programs — Gabriela Zelaya, Global Education Team Leader, U.S. Commercial Service, U.S. Department of Commerce
  • Small Business Administration Disaster Relief Program for U.S. Education Sector
  • Feedback Session

Register for the webinar here: https://emenuapps.ita.doc.gov/ePublic/event/editWebReg.do?SmartCode=0QHS

For questions, please contact Gabriela Zelaya at [email protected].

*Future topics will become available in the coming weeks. Additional topic suggestions are welcome.

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