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

Hank Patterson is one of the co-chairs for today’s NCAJ 16th Annual CLE on Workplace Torts and Workers’ Compensation.  Hank is also speaking and presenting a paper entitled Structured Settlement Annuities and the N.C. Life and Health Insurance Guarantee Association.

Summary:   From the perspective of the North Carolina Life and Health Insurance Guaranty Association, Senate Bill 780, enacted by the 2009 General Assembly did not accomplish its basic purpose of expanding coverage to structured settlement annuity payees. We concur. An additional amendment will be required to assure that annuity payees who are residents of North Carolina have the protection of the Guaranty Association.

Categories: News of the Firm Tags: Articles, Hank Patterson, NC Legislature, NCAJ, Presentation, Structured Settlements, Workers' Compensation

Valerie Johnson is speaking at tomorrow’s NCAJ 2009 Workplace Torts and Workers’ Compensation CLE, to be held in Chapel Hill.  Valerie’s presentation topic and paper are entitled State Employee Benefits and Workers’ Comp: 2009 Update.  One of the significant changes to be discussed is that Corvel Corporation is now the administrator of workers’ comp benefits on behalf of the State, taking the place of Key Risk earlier this year.

Summary: Although the interaction between the state employee benefits system and the workers’ compensation system has some points of friction that have been the source of litigation, as a general rule, the two systems fit together fairly neatly. This paper provides a broad overview of the benefits available to state employees from the State and discusses how the receipt of workers’ compensation benefits would affect these benefits. Finally, it discusses how the careful structuring of settlements can mitigate or avoid offsets of workers’ compensation benefits against benefits from the State.

Categories: News of the Firm Tags: Articles, Corvel, NCAJ, North Carolina, Presentation, State Benefits, State Employees, Valerie Johnson, Workers' Compensation

At the 25th Annual North Carolina/South Carolina Labor and Employment Law CLE held in Charleston, South Carolina, Jonathan Harkavy will present his 2008-09 annual review of the Supreme Court’s employment law cases.  His paper is entitled Supreme Court of the United States Employment Law Commentary, 2008 Term.

Summary: The 2008 Term of the Supreme Court of the United States, forged in volatile economic times and framed on a changing political palette, not only reaffirmed the Court’s interest in employment-related cases, but also revealed a growing institutional confidence in shaping employment law. While a fully coherent approach to employment disputes continued to elude the Court, it was not for lack of trying, as the Justices decided nearly a dozen cases treating some aspect of the employment relationship. Notably, these cases, many of which were determined by closely divided votes, mirror a deep philosophical fracture portrayed more broadly across the spectrum of the Court’s work. All in all, therefore, the 2008 Term was one of high interest for both the employment bar and the general public, as well as one of considerable consequence for workers, employers, and labor organizations.

Read more…

Categories: News of the Firm Tags: Articles, Case Commentary, Constitutional Law, Jonathan Harkavy, Labor and Employment, NCBA, Presentation, US Supreme Court

At the 14th Annual North Carolina Workers’ Compensation Educational Conference in Raleigh, which is put on the by the Industrial Commission, Hank spoke on a panel about ethics in workers’ compensation cases.  He presented a paper entitled Ethical Considerations in the Workers’ Compensation Practice, Selected Topics.

Summary: The present standards for ethical conduct by lawyers in North Carolina are found in the 1997 Revised Rules of Professional Conduct of the North Carolina State Bar. This discussion of ethical standards for workers compensation lawyers is based on these Revised Rules of Professional Conduct and applicable provisions of the Workers’ Compensation Act and Rules of the North Carolina Industrial Commission. Specific ethical standards also have been adopted for other participants in the North Carolina Workers’ Compensation System.

Categories: News of the Firm Tags: Articles, Ethics, Hank Patterson, Industrial Commission, Presentation, Workers' Compensation

Valerie Johnson is speaking at the 2009 annual conference of the Workers Injury Law & Advocacy Group (WLIG), to be held in Denver from October 16-19.  WILG is a national non-profit membership organization dedicated to representing the interests of injured workers.

Valerie is presenting on the “Hop Topics” panel, and will be discussing recent developments concerning the representation of undocumented workers with claims for workers’ compensation.  The paper being presented, “Benefits for Undocumented Workers and Obstacles in the Way,” written by Valerie and Narendra Ghosh, is here.  Click through for a summary of the paper: Read more…

Categories: News of the Firm Tags: Articles, Case Commentary, Immigration, Narendra Ghosh, Presentation, Valerie Johnson, Workers Injury Law & Advocacy Group, Workers' Compensation

Narendra Ghosh spoke at the North Carolina Bar Association’s 2009 Fundamentals of Employment Law CLE, which was held in Greensboro.  He was part of a duo presenting an overview of the National Labor Relations Act and the possible changes to it from the long-pending Employee Free Choice Act.  Along with Tom Farr, he presented a paper entitled A Brief Introduction to Union and Employee Activities Under the NLRA and Proposed Changes Under the Employee Free Choice Act.

Summary: The National Labor Relations Act (the “Act” or the “NLRA”) guarantees the right of workers to organize and to bargain collectively with their employers, or to refrain from such activity. To enable employees to exercise these rights and to prevent labor disputes, the Act places certain limits on the activities of both employers and labor organizations.  The text that follows is an introduction to pre-certification union and employee activities under the Act, which is intended for new practitioners. In addition, this paper describes changes to the Act that have been proposed in the Employee Free Choice Act, which is currently pending in Congress. Whether changes need to be made to the Act, and what forms they should take, are hotly debated questions, and this paper aims to illuminate the contours of the debate.

Categories: General News Tags: Articles, EFCA, Labor and Employment, Narendra Ghosh, NCBA, NLRA, Presentation, Union

Ann Groninger, along with Paige Kurtz, has written a paper on piercing the corporate veil, an important topic when bringing lawsuits against businesses.  The paper is entitled Behind the Shield: Piercing the Corporate Veil.

Summary: So you finally have a great case against Big Corporation. You file your complaint and send in discovery requests. Somehow you learn that Big Corporation may not actually have the resources you thought it would – either employees are hearing rumors about shutting down or layoffs, or you receive balance sheets in discovery showing a bleak bottom line. Is it still worth pursuing the case? That remains to be seen, but there may be other places to look for money.

Although the corporate structure normally protects individual owners or related entities from liability, courts will look beyond the corporation if the corporation appears to be a farce.  In the right circumstances, the court will disregard the corporate entity or “pierce the corporate veil.”

Categories: News of the Firm Tags: Ann Groninger, Articles, Case Commentary, Labor and Employment, Litigation, Personal Injuries

At the North Carolina Advocates for Justice CLE, Workers’ Compensation: Maximizing Your Case, Valerie spoke on the topic of representing state employees.  She presented a paper entitled How to Manage a State Employee’s Workers’ Compensation Case.

Summary: North Carolina state employees have benefits available to them when they are entitled to workers’ compensation that must be properly evaluated in order to provide the most complete remedy. While the major components of state employee benefits and the interaction with workers’ compensation have been exhaustively documented in a paper appended to this document, the attorney’s management of the programs and benefits are complex. This paper explores some specific items to analyze and consider in the management of a state employee’s workers’ compensation case and should be read in conjunction with the larger paper.

Categories: News of the Firm Tags: Articles, Litigation, NCAJ, Presentation, State Employees, Valerie Johnson, Workers' Compensation

Ann Groninger spoke at the Torts Made Perfect seminar in Las Vegas on March 20, 2009, on the subject of representing bicyclists in personal injury cases.  She presented a paper entitled Litigating Bicycle Crash Cases.

Summary: There are many different nuances for an attorney to explore and understand in order to successfully represent an injured cyclist. First, it is most helpful for the attorney herself to have some personal knowledge of cycling. The best way to get that knowledge and to really understand the cyclist point of view is for the attorney herself to be a cyclist. This may not be possible for everyone so the attorney should at least make an effort to delve into and gain an understanding of cyclists and the cycling culture. And when I say “cycling culture,” I do not intend to limit our scope to spandex wearing recreational cyclists, but to anyone who rides a bicycle for fun, work or just to get from point A to B. Second, the attorney must understand the laws and principles that apply to cyclists – state statutes and case law as well as local ordinances – and the exceptions to those laws and principles. Finally, the attorney should understand damages components unique to injured cyclists.

Categories: News of the Firm Tags: Ann Groninger, Articles, Bicycle Accidents, Car Accident, Litigation, Personal Injuries, Presentation