Entries by NCBARBLOG

No Lawyer Jokes Here – Attorney Survey Is Serious Stuff

The pursuit of happiness – professional and personal – is always in the back of our minds. For a few minutes, we’d like to put it front and center. If you’ve not yet completed the online State of the Profession Survey from the N.C. Chief Justice’s Commission on Professionalism, please take some time to do […]

Attention Paralegal Division Members: Scholarship Time Is Here!

The NCBA Paralegal Division provides scholarship awards to two members each year. One is a membership scholarship, and one is a student scholarship. The Paralegal Division Membership Scholarship package is valued at approximately $800 and provides an award of the following: Paralegal Division membership (2017-2018); Section membership (2017-2018); Registration for the 2018 Paralegal Division Annual Meeting […]

HB2 ‘Repeal’: How Does It Change Employment Law?

Labor & Employment Section By Laura J. Wetsch On March 23, 2016, the General Assembly enacted, and Gov. McCrory signed, HB2, which became Session Law 2016-3.  On July 18, 2016, Gov. McCrory “approved” HB169 (the legislative “fix”), which became Session Law 2016-99. On the one-year anniversary of HB2, the NCAA set a deadline of March […]

Franchisor Exemption Again On the Table

Labor & Employment Law Section By Laura J. Wetsch In July 2016, and again on Dec. 14, 2016 (during the fourth special session ostensibly called to deal with HB2), N.C. House representatives introduced bills to statutorily exempt franchisors from responsibility and liability regarding North Carolina’s wage and hour, OSH, Workers Comp, and unemployment insurance requirements. The […]

The Chair’s Column: We have a blog? When did that happen?

Family Law Section By Rebecca Watts I am excited to announce the retirement of our newsletter.  Why is that exciting news?  Because with the retirement of the newsletter comes the birth of our blog!  Publication of a newsletter required months of work soliciting and collecting articles and case law reviews.  Because it could take months […]

Case Summaries of Recent N.C. Court of Appeals Decisions

By Rebecca Poole, Jennifer Smith and Rachel Beard Rule 11 Sanctions Caroline K. Grubbs v. Robert W. Grubbs Jr., Unpublished, No. COA16-129 (March 7, 2017) Plaintiff and her trial counsel appealed from the trial court’s imposition of Rule 11 sanctions against them, denial of a Motion to Continue, and denial of a Motion for Reassignment of Judge. […]

A UBE For NC: You Say Bring It On

By Amber Nimocks A few months ago, we asked NCBA members to respond to a short survey on the growing possibility of North Carolina’s adoption of a Uniform Bar Exam. More than 300 readers chimed in. Below is a snapshot of the results along with a few of the many reader comments. To read all […]

Court Of Appeals Helps Clarify Line Between Ordinary Negligence and Medical Malpractice Claims

         Prognosis Blog By Todd Hemphill and Matthew A. Fisher Since the 2001 amendments to Rule 9(j), N.C.R.Civ.P. and other related statutes, the line between whether a medical provider’s actions constitute medical malpractice or ordinary negligence has become much more important. A relatively recent N.C. Court of Appeals decision demonstrates the impact of […]

Articles of Interest: March Madness, Fantasy Teams and More

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the section: Andrews v. Sony ATV Music Publishing http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170223-andrewsvsony The Patriots Win At the Trademark Game, Too http://www.tmtindustryinsider.com/2017/03/the-patriots-win-at-the-trademark-game-too/#page=1 Basketball, Brackets and Branding: Protecting March Madness http://www.loeb.com/publications-clientalerts-20170310-basketballbracketsandbranding Major League Baseball’s Salary Arbitration http://www.mitchellwilliamslaw.com/major-league-baseballs-salary-arbitration Broadcasts and […]

A Brief Primer On Subdivision Development Bonds

By Luke J. Farley Payment and performance bonds get all our attention. But there is another type of construction bond you might encounter, especially if the housing market in North Carolina stays hot[1]—the so-called “subdivision development bond.”[2] Both cities and counties can provide for “more orderly development of subdivisions by requiring the construction of community […]