Joshua Van Kampen has joined Patterson Harkavy as a partner. Josh received his undergraduate degree from Purdue University in 1993 and graduated magna cum laude from the University of Illinois College of Law in 1998.

Prior to joining Patterson Harkavy, Josh was a partner at Fosbinder & Van Kampen in Charlotte where he worked since 2004, exclusively representing individuals in employment law matters.  From 1998-2004, Josh represented employers in employment matters in Chicago at Seyfarth Shaw and Franczik Sullivan.

From 2008-2009, Josh served as Chair of the North Carolina Advocates for Justice’s Labor and Employment Law Section, and currently serves as that Section’s Ethics Chair.

At Patterson Harkavy Josh will continue to concentrate his practice on exclusively representing individuals in employment law and wage and hour law.  He will be located at our Charlotte office.

Categories: News of the Firm Tags: Charlotte, Discrimination, Employment Law, Joshua Van Kampen, Labor and Employment, Wage and Hour

In Taylor v. Town of Garner, the Court of Appeals affirmed the decision of the Industrial Commission, agreeing that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the injury he suffered while working as a mounter officer at an N.C. State football game.  Because Officer Taylor was working pursuant to a mutual aid and assistance agreement between the Town of Garner and N.C. State, Garner remained responsible for his workers’ compensation.  Valerie Johnson and Narendra Ghosh are representing Officer Taylor.

Further analysis from the Court’s Opinion: Read more…

Categories: Judicial Decisions, News of the Firm Tags: Appeals, Industrial Commission, Mutual Aid Agreements, Narendra Ghosh, NC Court of Appeals, Police Officers, Results, Valerie Johnson, Workers' Compensation

In Evans v. Hendrick Automotive Group, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case.  Ms. Evans was an office manager for a Hendrick dealership in Texas.  She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner to her hotel.  The primary issue is whether the Industrial Commission correctly concluded that Ms. Evans’ accident arose out of and was in the course of her employment.  Valerie Johnson and Narendra Ghosh are representing Ms. Evans.

Here is the summary of our argument:  Read more…

Categories: News of the Firm Tags: Appeals, Briefs, Business Trip, Charlotte, Compensable Injury, Narendra Ghosh, NC Court of Appeals, Valerie Johnson, Workers' Compensation

Ann Groninger spoke Monday May 17 to Charlotte‘s Track and Triathlon club about laws affecting cyclists and how cyclists can protect themselves before and after a crash.  Ann has made similar presentations to the Charlotte Area Bicycle Alliance, North Carolina Alternative Transportation Alliance and other groups statewide.  This Saturday, Ann will be riding in Charlotte’s Bethlehem Center’s Ride for the Kids, and sticking around to answer questions after the ride.

Also, check out this article from the Mecklenburg times on improving safety for cyclists, which includes quotes from Ann.

Categories: News of the Firm Tags: Ann Groninger, Bicycle Accidents, Cyclist Safety, Personal Injuries, UATRA

In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this reply brief with the Fourth Circuit Court of Appeals in this wage and hour case.  See here for a summary of the case.   Ann Groninger, Burton Craige, and Narendra Ghosh are representing the plaintiffs, who are seeking to remedy the company’s failure to pay overtime to themselves and other Junior Asset Managers.  Here is a summary of our argument to the Court:

Read more…

Categories: News of the Firm Tags: Ann Groninger, Appeals, Briefs, Burton Craige, Class Action, Collective Action, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, NC Wage and Hour Act, Overtime, Wage and Hour

The North Carolina Court of Appeals ruled for the plaintiff in Adkins v. Stanley County Board of Education, a case in which we represented the North Carolina Advocates for Justice in an amicus brief filed with the Court.  Reversing the trial judge, the Court of Appeals concluded that the judge had inappropriately overruled an earlier judge’s ruling on the core First Amendment issue in this employment retaliation case.

Although the two judge’s rulings were at different phases in the case, they both ruled on the same question of law.  In such situations, a trial judge cannot overrule an earlier judge’s decision — that is the province of the appellate courts.  The Court thus did not reach the state constitutional question presented in the NCAJ’s amicus brief.

Categories: News of the Firm Tags: Amicus, Appeals, Burton Craige, Constitutional Law, Labor and Employment, Narendra Ghosh, NC Court of Appeals, Results

Valerie Johnson spoke today at the NC Advocates for Justice CLE on “Navigating Claims Through the Industrial Commission.”  Valerie’s presentation was entitled “In Contempt? — Contempt Proceedings at the Industrial Commission.”  She covered the current state of the law regarding contempt and other means by which parties are forced to comply with the orders and rulings of the Commission.  All too often, workers’ compensation defendants (employers and insurance companies) fail to follow orders and obvious requirements.  Protracted litigation, sanctions, and ultimately contempt rulings are then needed in order for claimants to vindicate their rights.

Categories: News of the Firm Tags: Contempt, Industrial Commission, NCAJ, Presentation, Sanctions, Valerie Johnson, Workers' Compensation

In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this opening brief with the Fourth Circuit Court of Appeals in this wage and hour case.  The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week.  They brought claims under the FLSA and NC Wage and Hour law based on the failure to pay overtime.  The primary issue is whether the plaintiffs will be able to pursue their case as a collective and class action on behalf the other underpaid workers at the company.  The defendants have tried to short-circuit the collective/class action process by tendering a limited settlement offer before other workers could be notified of the case.  Ann Groninger, Burton Craige, and Narendra Ghosh are representing the plaintiffs. Read more…

Categories: News of the Firm Tags: Ann Groninger, Appeals, Burton Craige, Class Action, Collective Action, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, North Carolina Wage and Hour Act, Overtime, Wage and Hour

In Garner v. Capital Area Transit, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case.  Ms. Garner is a bus driver with Capital Area Transit in Raleigh who was injured was injured when another bus hit the bus she was driving.  The primary issue is whether the Industrial Commission had any basis for ignoring the doctor’s opinion that the accident aggravated Ms. Garner’s pre-existing back condition.  Valerie Johnson and Narendra Ghosh are representing Ms. Garner. Read more…

Categories: News of the Firm Tags: Appeals, Briefs, Industrial Commission, Narendra Ghosh, NC Court of Appeals, Valerie Johnson, Workers' Compensation

Burton Craige has published an article entitled “The Road to Comparative Fault in North Carolina” in this month’s issue of The Litigator, the regular publication of the North Carolina Bar Association’s Litigation Section.

Summary:  North Carolina is one of only five jurisdictions that retain the antiquated doctrine of contributory negligence. Here, as in Alabama, Maryland, Virginia and the District of Columbia, a plaintiff whose negligence makes the slightest contribution to his injury is barred from recovering any damages against the tortfeasor. The other 46 states, either by judicial decision or by statute, have adopted some form of comparative fault, allocating damages based on the degree of fault among the plaintiff and the defendants.

In May 2009, the North Carolina House of Representatives passed a bill that would abolish contributory negligence, adopt a system of modified comparative fault, and modify joint and several liability.  Modeled on the Uniform Apportionment of Tort Responsibility Act (UATRA), the bill attracted bipartisan sponsorship and support.  After the sponsors agreed to several last-minute amendments that favored defendants, the bill (HB 813) passed by a margin of 67-50, overcoming strong opposition from business and insurance interests.

In the 2010 session, the North Carolina Senate will consider HB 813.  If the bill passes the Senate, it will end the long, harsh regime of contributory negligence, and bring North Carolina tort law into the modern era.  This article discusses the provisions of UATRA, the amendments adopted in the House, and the principal objections to the bill.

Categories: News of the Firm Tags: Articles, Burton Craige, Comparative Fault, Contributory Negligence, NC Legislature, NCBA, Negligence, Personal Injuries, UATRA