Requirements for Notary Certificate and Acknowledgment; Timeliness of Appeal of Summary Judgment Order from Converted Motion to Dismiss Hearing, COA18-1010, Sfreddo v. Hicks, June 18, 2019, Wake County
Wife filed an action against Husband for breach of contract (a separation agreement). Husband moved to dismiss alleging the separation agreement was void because it was not properly acknowledged under N.C. Gen. Stat. § 52-10.1. Husband specifically alleged the wording of the notary certificate did not have the proper language regarding the notary’s knowledge of the identity of the principal nor did it indicate that the notary acknowledged the signature was that of the principal.
In an order filed July 18, U.S. District Court Judge Louise Flanagan of the Eastern District of North Carolina refused to dismiss a lawsuit brought under the Americans with Disabilities Act for failure to make reasonable accommodations. Judge Flanagan’s decision in Murphy v. County of New Hanover illustrates how important it is for employers to engage in the “interactive process” under the ADA and to continue with that process even if the first attempt at accommodation is unsuccessful.
Allegations
According to his lawsuit, Mr. Murphy was hired as a social worker in the foster care unit at the New Hanover County Department of Social Services in 2016, with the primary function of reunifying families. Mr. Murphy had Attention Deficit and Hyperactivity Disorder, which made it difficult for him to focus, concentrate, communicate, and work with others. Mr. Murphy alleged that he had no problem performing his “reunification” duties but that his ADHD made it difficult for him to complete his required paperwork unless he was in a setting without distractions.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Laborhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLabor2019-08-01 16:32:182019-08-01 16:39:33Court Decision Highlights Importance of ADA 'Interactive Process'
July 1 welcomed a new year at the Bar Association. With this new year, we say “goodbye” and “thank you” to our past council members and leadership. I am grateful to Immediate Past Chair Holland Ferguson for leadership during the 2018-2019 bar year. Also, many thanks to the council members who have now completed their three-year terms.
As the new year begins, I look forward to serving as the chair, along with the other officers and council members, of this large and diverse section. As you may know, the Section leadership includes the following:
It is my privilege to serve as the chair of the Corporate Counsel Section during the 2019-2020 bar year. The Section has an outstanding group acting on your behalf as officers, council members, and committee chairs. I encourage you to see who they are on the NCBA website. Please reach out for lunch, coffee, or just to say hi to any of them and/or to me!
This year the Section is focusing your membership dollars on deepening connections among ourselves, the members. We have plans for at least three no-cost networking events. They are being spearheaded by our Membership Committee, Pro Bono Committee, and Section Council. These will be non-CLE events designed for maximum connectivity – without those team building exercises we all love and hate.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2019-07-29 10:20:112019-07-29 10:21:54Welcome To a New Bar Year
Domestic litigation firm Cordell & Cordell has recently hired attorney A. Allister Cooper to join its office in Wilmington. Cooper’s practice focuses on both family law and employment law. She holds a Bachelor of Science in business administration from the University of North Carolina at Greensboro and a Juris Doctorate from the Charlotte School of Law.
Joseph DelPapa returns to Ward and Smith’s Raleigh office, where his practice will focus on securities, tax and transactional law. DelPapa has previously served as fractional general counsel for several companies as well as worked as a certified public accountant. He holds a Bachelor of Science degree in accounting, summa cum laude, from North Carolina State University as well as a Juris Doctorate, cum laude, from the University of Florida.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2019-07-25 13:08:452019-07-25 13:08:45Membership in the NCBA Paralegal Division Has Benefits
It is my privilege to serve as chair of the Bankruptcy Section during this fiscal year. The Section leadership is looking forward to a great year. You can find the officers, council members and committee chairs for the Bankruptcy Section by going to its webpage on the NCBA website.
I am excited that there are three new committees working for the Bankruptcy Section this year.
The Networking Committee led by Cindy Oliver, Samantha Bumbaugh and Andy Houston will have more networking events outside the Annual Bankruptcy Institute and Council meetings. This committee is the result of the members’ interests indicated by the survey conducted at the end of 2018. I encourage you to look for announcements of additional networking events this year.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2019-07-24 10:58:402019-07-24 14:05:31Message From the Chair Of the NCBA Bankruptcy Section
As we continue to celebrate wellness this summer, we’re introducing NCBA members who excel at living healthy lives. Kate Deiter-Maradei sets an example as a highly effective person who doesn’t let work rule her life.
The first thing you notice about Kate Deiter-Maradei is her smile. It’s wide. It’s bright. And more often than not, it’s spread across her face.
Hers is the kind of smile you wear when you’ve figured something out, something important. For Deiter-Maradei that something is work. She’s figured out how to make a living practicing the kind of law that gives her a sense of meaning and helps others. More than that, she’s figured out how to keep her livelihood from crowding out her life.
https://www.ncbarblog.com/wp-content/uploads/2019/07/JSP_maradei-33-April-11-2017_edited2.jpg7681366NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2019-07-23 11:58:042019-07-23 12:48:13Kate Deiter-Maradei Knows How To Work
As the summer heat ramps up, so does the new NCBA YLD Bar Year. I am excited to chair the Young Lawyers Division for the 2019-20 Bar Year and want to personally invite you to connect with the YLD this year in two easy ways.
1. Connect with the YLD on SLACK.
SLACK is a collaborative online workspace that encourages our members to stay connected without clogging inboxes with email. It’s a great way to share ideas, ask questions, and learn what the YLD has going on. If you want to learn more about Slack generally, check out these FAQ’s. I encourage all YLD members to connect with the YLD on SLACK. To register, please click HERE to submit your name and your email. Shortly after you complete the form, you will receive an invitation to formally join the #YLD Channel.
2. Join a Committee!
The heart of the YLD is our committees. With 14 committees covering a variety of projects, focuses, and interests, we have something for everyone.
Interested in the health and well-being of the YLD? Join the Wellness Committee.
Want to help raise food and funds for our hungry North Carolina neighbors? The Legal Feeding Frenzy Committee is for you.
Devoted to furthering diversity and inclusion among our profession? Check out the Legal LINK or the Diversity & Inclusion Committees.
Enjoy planning events and bringing folks together? The Member Outreach or Law Student Outreach Committees are calling you.
These Committees are the perfect way to connect with other young lawyers from across the state, connect with opportunities to better yourself, and connect with opportunities to better our profession and communities.
To learn more about the YLD’s 14 Committees and to sign up, click here.
I look forward to connecting with you during the 2019-20 Bar Year. If you have any questions, comments, or suggestions this year, don’t hesitate to reach out to me – you can email me at [email protected] — or, better yet, send me a message on SLACK!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2019-07-21 06:00:532019-07-19 13:23:09Connect With the YLD
S355, Land-Use Regulatory Changes, was signed by the governor July 12. The law (S.L. 2019-111) contains provisions affecting litigation practices in land use disputes, further refinements to the “Permit Choice Act” and the law regarding vested rights, and various provisions affecting day to day operations for local governments processing development permit applications (Part 1), as well as the enactment of Chapter 160D prepared by David Owens, Tom Terrell, LeAnn Nease Brown, and Robin Currin, which is a complete rewrite of the state’s planning and land use statutes (Part 2). Part 1 was immediately effective July 12, while Part 2 will become effective Jan. 1, 2021.
Congratulations to the 160D team on seeing their goal accomplished! David Owens has indicated that the School of Government “will be putting out detailed information on the content and implications of 160D over the next few months, including an updated annotated version of the bill, tables that cross-reference the new statute to the existing statutes, checklists of items that need to be updated in local ordinances, and more,” including webinars and workshops. The ZPLU Section Council is also currently in the process of planning a fall event to learn more about the new legislation, to celebrate the passage of 160D and to recognize those who were integral in making it happen.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2019-07-19 14:33:192019-07-24 10:24:03Land Use Law Changes, Including New 160D, Signed Into Law
NC COA: Sfreddo v. Hicks
Family Law SectionRequirements for Notary Certificate and Acknowledgment; Timeliness of Appeal of Summary Judgment Order from Converted Motion to Dismiss Hearing, COA18-1010, Sfreddo v. Hicks, June 18, 2019, Wake County
Wife filed an action against Husband for breach of contract (a separation agreement). Husband moved to dismiss alleging the separation agreement was void because it was not properly acknowledged under N.C. Gen. Stat. § 52-10.1. Husband specifically alleged the wording of the notary certificate did not have the proper language regarding the notary’s knowledge of the identity of the principal nor did it indicate that the notary acknowledged the signature was that of the principal.
Read more
Court Decision Highlights Importance of ADA ‘Interactive Process’
Labor & Employment LawIn an order filed July 18, U.S. District Court Judge Louise Flanagan of the Eastern District of North Carolina refused to dismiss a lawsuit brought under the Americans with Disabilities Act for failure to make reasonable accommodations. Judge Flanagan’s decision in Murphy v. County of New Hanover illustrates how important it is for employers to engage in the “interactive process” under the ADA and to continue with that process even if the first attempt at accommodation is unsuccessful.
Allegations
According to his lawsuit, Mr. Murphy was hired as a social worker in the foster care unit at the New Hanover County Department of Social Services in 2016, with the primary function of reunifying families. Mr. Murphy had Attention Deficit and Hyperactivity Disorder, which made it difficult for him to focus, concentrate, communicate, and work with others. Mr. Murphy alleged that he had no problem performing his “reunification” duties but that his ADHD made it difficult for him to complete his required paperwork unless he was in a setting without distractions.
Read more
Happy New (Bar) Year!
Workers' Compensation SectionJuly 1 welcomed a new year at the Bar Association. With this new year, we say “goodbye” and “thank you” to our past council members and leadership. I am grateful to Immediate Past Chair Holland Ferguson for leadership during the 2018-2019 bar year. Also, many thanks to the council members who have now completed their three-year terms.
As the new year begins, I look forward to serving as the chair, along with the other officers and council members, of this large and diverse section. As you may know, the Section leadership includes the following:
Vice Chair Barry Jennings
Immediate Past Chair Holland Ferguson
Secretary Mark Leach
Treasurer Heather Baker
Read more
Welcome To a New Bar Year
Corporate CounselDear Members of the Corporate Counsel Section:
It is my privilege to serve as the chair of the Corporate Counsel Section during the 2019-2020 bar year. The Section has an outstanding group acting on your behalf as officers, council members, and committee chairs. I encourage you to see who they are on the NCBA website. Please reach out for lunch, coffee, or just to say hi to any of them and/or to me!
This year the Section is focusing your membership dollars on deepening connections among ourselves, the members. We have plans for at least three no-cost networking events. They are being spearheaded by our Membership Committee, Pro Bono Committee, and Section Council. These will be non-CLE events designed for maximum connectivity – without those team building exercises we all love and hate.
Read more
Checking In: July 26, 2019
Checking In, Featured PostsRead more
Membership in the NCBA Paralegal Division Has Benefits
Paralegal DivisionBy Tina Dadio
The NCBA Paralegal Division is excited to announce the officers for the 2019-2020 NCBA bar year (July 1, 2019-June 30, 2020).
Tina Dadio, Paralegal Division Chair, Charlotte
Stephanie Durham-Rivera, Paralegal Division Vice Chair, Raleigh
Leslie Pegram, Paralegal Division Immediate Past Chair, Raleigh
Karen M. Rabenau, NCBA Board Liaison, attorney in Durham
Stephanie Elliott, Paralegal Division Secretary, Charlotte
Shawana Almendarez, Paralegal Division Treasurer, Kannapolis
Read more
Message From the Chair Of the NCBA Bankruptcy Section
BankruptcyDear Members of the Bankruptcy Section:
It is my privilege to serve as chair of the Bankruptcy Section during this fiscal year. The Section leadership is looking forward to a great year. You can find the officers, council members and committee chairs for the Bankruptcy Section by going to its webpage on the NCBA website.
I am excited that there are three new committees working for the Bankruptcy Section this year.
The Networking Committee led by Cindy Oliver, Samantha Bumbaugh and Andy Houston will have more networking events outside the Annual Bankruptcy Institute and Council meetings. This committee is the result of the members’ interests indicated by the survey conducted at the end of 2018. I encourage you to look for announcements of additional networking events this year.
Read more
Kate Deiter-Maradei Knows How To Work
Featured PostsAs we continue to celebrate wellness this summer, we’re introducing NCBA members who excel at living healthy lives. Kate Deiter-Maradei sets an example as a highly effective person who doesn’t let work rule her life.
The first thing you notice about Kate Deiter-Maradei is her smile. It’s wide. It’s bright. And more often than not, it’s spread across her face.
Hers is the kind of smile you wear when you’ve figured something out, something important. For Deiter-Maradei that something is work. She’s figured out how to make a living practicing the kind of law that gives her a sense of meaning and helps others. More than that, she’s figured out how to keep her livelihood from crowding out her life.
Read more
Connect With the YLD
Young Lawyers DivisionAs the summer heat ramps up, so does the new NCBA YLD Bar Year. I am excited to chair the Young Lawyers Division for the 2019-20 Bar Year and want to personally invite you to connect with the YLD this year in two easy ways.
1. Connect with the YLD on SLACK.
SLACK is a collaborative online workspace that encourages our members to stay connected without clogging inboxes with email. It’s a great way to share ideas, ask questions, and learn what the YLD has going on. If you want to learn more about Slack generally, check out these FAQ’s. I encourage all YLD members to connect with the YLD on SLACK. To register, please click HERE to submit your name and your email. Shortly after you complete the form, you will receive an invitation to formally join the #YLD Channel.
2. Join a Committee!
The heart of the YLD is our committees. With 14 committees covering a variety of projects, focuses, and interests, we have something for everyone.
Interested in the health and well-being of the YLD? Join the Wellness Committee.
Want to help raise food and funds for our hungry North Carolina neighbors? The Legal Feeding Frenzy Committee is for you.
Devoted to furthering diversity and inclusion among our profession? Check out the Legal LINK or the Diversity & Inclusion Committees.
Enjoy planning events and bringing folks together? The Member Outreach or Law Student Outreach Committees are calling you.
These Committees are the perfect way to connect with other young lawyers from across the state, connect with opportunities to better yourself, and connect with opportunities to better our profession and communities.
To learn more about the YLD’s 14 Committees and to sign up, click here.
I look forward to connecting with you during the 2019-20 Bar Year. If you have any questions, comments, or suggestions this year, don’t hesitate to reach out to me – you can email me at [email protected] — or, better yet, send me a message on SLACK!
Cabell Clay
2019-20 NCBA YLD Chair
Land Use Law Changes, Including New 160D, Signed Into Law
Zoning Planning & Land Use SectionBy Lisa Glover
S355, Land-Use Regulatory Changes, was signed by the governor July 12. The law (S.L. 2019-111) contains provisions affecting litigation practices in land use disputes, further refinements to the “Permit Choice Act” and the law regarding vested rights, and various provisions affecting day to day operations for local governments processing development permit applications (Part 1), as well as the enactment of Chapter 160D prepared by David Owens, Tom Terrell, LeAnn Nease Brown, and Robin Currin, which is a complete rewrite of the state’s planning and land use statutes (Part 2). Part 1 was immediately effective July 12, while Part 2 will become effective Jan. 1, 2021.
Congratulations to the 160D team on seeing their goal accomplished! David Owens has indicated that the School of Government “will be putting out detailed information on the content and implications of 160D over the next few months, including an updated annotated version of the bill, tables that cross-reference the new statute to the existing statutes, checklists of items that need to be updated in local ordinances, and more,” including webinars and workshops. The ZPLU Section Council is also currently in the process of planning a fall event to learn more about the new legislation, to celebrate the passage of 160D and to recognize those who were integral in making it happen.