Hello, fellow division members, and happy holidays!
As we come to the end of December, we have made it through another year together, adjusting to the challenges the world has presented us.
I wish you all the best as we continue through our journeys!
With these challenges, the holidays can be a stressful time.
By Kayla Britt
Efficiency is a lawyer’s best friend. Below you will find a cheat sheet with information and resources you need to apply for admission to the United States District Courts of North Carolina, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States, with links to the various courts’ websites.
Before you begin digging through the requirements, you should verify whether your employer is willing to handle the application process and/or pay the fees on your behalf. Also, you must be a member of the Supreme Court of North Carolina (or another state) for three years before you can apply for admission to the Supreme Court of the United States.
By Coleman Cowan
In the summer of 2009 I traveled to a small village in the Ramsdalen valley of Norway to shoot a story for 60 Minutes about a group of adventurers jumping off cliffs and flying to the ground in wingsuits. We hired one of them to shoot video while they were in flight. He was from South Africa but had been living for the past few years with his girlfriend in a VW Bus in the French Alps. Julian Boulle was his name.
I lived with Julian in a farmhouse for two weeks during our shoot. We were together morning, noon, and night. Julian proved to be incredibly knowledgeable, not only about the techniques and mechanics of wingsuit flying, but also some of the greater existential aspects of living so close to death. As the days wore on, and the nights became longer, our conversations branched out far beyond the story we were shooting. The more we talked, the more it seemed Julian had been everywhere and knew something about everything we talked about – war, politics, world culture. Picture Forrest Gump in dreadlocks. That was Julian . . . if he was to be believed. Halfway through our shoot, I decided I didn’t.
By Shelby Gilmer
It’s that time of year again – when the library becomes your second home, caffeine becomes your best friend, and many, many law students become acquainted with high stress and anxiety. You guessed it: it is exam season.
This is my third exam season, and as I look back on my first exam season, I did practically everything wrong. No, not in my studying, but in the way I let the stress of exams control my life. I studied all day, every day, making no time for myself. Law school’s practical reality is that exams require daily hard work for many hours, but that should never mean sacrificing your mental health and overall well-being.
Compiled by Jessica Junqueira
Brett Lawrence has joined Bradley Arant Boult Cummings LLP. He is a member of the firm’s Cybersecurity and Privacy Practice group, as well as the Banking and Financial Services Practice group. His practice is focused on data privacy and cybersecurity issues, insurance coverage and professional liability, and he is a Certified Information Privacy Professional by the International Association of Privacy Professionals. He holds a J.D. from the Washington and Lee University School of Law and a bachelor’s degree in business administration and finance from Florida Atlantic University.
Patrick Clare has joined the firm and practices in the workers’ compensation department. He has represented plaintiffs in workers’ compensation cases. He also has experience in personal injury litigation, premises liability, and general negligence. Clare earned a J.D. at Campbell Law School, where he was an articles editor for the Campbell Law Review. While in law school, Clare served as an NCBA Law Student Representative. He received a B.A. in psychology from the University of North Carolina at Chapel Hill.
Tom Wilmoth has joined the firm. He has more than ten years of experience practicing law as a corporate litigator. During that time, he has represented Fortune 500 companies. Before becoming a litigator, Wilmoth served as a law enforcement officer in Greensboro for more than eight years. He received a J.D. from Elon University School of Law and a B.A. in political science from the University of North Carolina at Greensboro.
It’s commonplace for plaintiffs in construction cases, especially owners, to assert unfair trade practice claims. But those claims rarely succeed. Most construction disputes involve a breach of contract between two sophisticated parties. In those circumstances, North Carolina law requires a substantial aggravating factor to turn the breach of contract into an unfair trade practice under G.S. 75-1.1 But a new decision in Gilmore’s Farm, Inc. v. Herc Rentals, Inc. from the U.S. District Court for the Eastern District of North Carolina has recognized that wrongfully asserting a lien can be the basis for a claim under G.S. 75-1.1.
By Jane Paksoy
Tuesday-Wednesday, January 25-26, 2022, 8:55 a.m. to 12:20 p.m. via Live Webcast
6.0 MCLE Hours (including 1 Substance Abuse/Mental Health) plus a Networking Event!
Once again, the NCBA Corporate Counsel Section is presenting a blockbuster program of CLE hours and networking to get your 2022 off to a great start. Are you curious about cryptocurrencies and NFTs? We have a panel for you on The Future of Money. Do you need tips for how to advise your BOD on a brewing dispute? Join us for Pre-suit Disputes on Wednesday morning. Want to hear some war stories from seasoned GCs? Come to our General Counsel Panel on Hybrid Warfare. These are just a few of the excellent topics curated by our fantastic CLE planners. If my calculations are correct, when this program hits your screen, you’re gonna learn some serious stuff!
By Toby Coleman
The Court of Appeals issued two unpublished decisions in November in connection with appeals of quasi-judicial land use decisions.
Madison Asphalt, LLC v. Madison County, et al. (2021-NCCOA-603)
An interesting case involving citizen efforts to challenge a negotiated settlement of a disputed quasi-judicial permit decision. The court decided the case on procedural/jurisdictional grounds.
Quick Background: Madison Asphalt sought a conditional use permit for (you guessed it) an asphalt plant. After originally denying the requested permit, the County’s Board of Commissioners rethought their position after Madison Asphalt appealed and “threatened additional litigation.” Madison Asphalt and the County entered into a settlement agreement under which the County would issue the requested permit. Because Madison Asphalt’s appeal was still pending before the Superior Court, the parties requested a consent order from the Superior Court hearing Madison Asphalt’s appeal reversing the prior permit denial and remanding the case back to the County.
By Leah McLean
As the year is winding down and finals time is fast approaching, it is very easy to get so lost in the pressure and stress of wanting to do well on final exams that we forget to take care of ourselves. Now, I’ve found this to be a common theme amongst my fellow law students, and it is completely understandable. We spend weeks on top of weeks reading, outlining, and studying, with the goal of doing exceptionally well on the final exam. We’re working towards achieving large goals and fulfilling dreams of graduating from our respective institutions and having a large impact on our communities. However, with such large goals, some things can get overlooked, such as getting rest, communicating with friends and family, and putting our mental health first.
By Brian Pearce
Dear Members of the Zoning, Planning, and Land Use Section:
Happy Fall! Welcome to the 2021-2022 bar year. I am honored to serve as the Chair of the Zoning, Planning and Land Use Section for this year. As we start the year, I want to thank our Council members, committee chairs, and liaison members for volunteering their valuable time to our section through chairing our committees and serving on the Council. I also want to thank our section members for being part of the section and providing the contributions that you provide to our section and our corner of the profession. If any members of the section would like to serve on one of our committees, please reach out to me. We will find a place for you!
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