The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Taylor v. Town of Garner.  The Court of Appeals decided earlier this year 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.  The Court’s denial of the PDR means that Officer Taylor will finally receive his benefits.  Valerie Johnson and Narendra Ghosh represent Officer Taylor.

Categories: Results Tags: Narendra Ghosh, NC Supreme Court, Police Officers, Results, Valerie Johnson, Workers' Compensation

In firm news, Narendra Ghosh was recently selected for a three-year term on the Section Council of the North Carolina Bar Association Labor & Employment Section.  Narendra is currently one of the Newsletter Editors for the Section.  His term on the Council starts next year.

Categories: News of the Firm Tags: Labor and Employment, Narendra Ghosh, NCBA

Burton Craige and Leto Copeley are speaking this weekend at the North Carolina Advocates for Justice Mountain Magic Conference.  Burton is leading a panel entitled “Collateral Attack on the Collateral Source Rule.”  He will lead a discussion about the national trend to allow defendants to introduce evidence of the amount actually paid for medical expenses, rather than limiting the evidence to the amount billed.

Leto will be speaking about employment law issues that workers’ compensation practitioners should be aware of, such as the ADA and FMLA.  Wage and hour issues are also important ones to consider.  As this short paper prepared by Leto and Narendra Ghosh states, “Workers’ compensation practitioners should remain vigilant for potential wage and hour violations as they pursue claims for their clients. When getting information on a client’s average weekly wage, for instance, it is important to at least consider whether your client is getting paid fully, including for overtime, under the wage and hour laws.”

Categories: News of the Firm Tags: ADA, Articles, Average Weekly Wage, Burton Craige, FMLA, Labor and Employment, Leto Copeley, Narendra Ghosh, NCAJ, Personal Injuries, Presentation, Wage and Hour, Workers' Compensation

Narendra Ghosh will be speaking tomorrow at the Start-Up Boot Camp and Marketing Conference, a two-day event put on by the North Carolina Bar Association’s Center for Practice Management.  The Boot Camp is a program dedicated to the practical details of starting and running a law practice.  Drawing on his past experience as a computer programmer, and work on the website you’re reading, Narendra will be speaking about “Considerations for Your First Firm Website.”

Categories: News of the Firm Tags: Center for Practice Management, Narendra Ghosh, NCBA, News of the Firm, Presentation

A civil rights complaint was filed this month on behalf of Plaintiff Dwayne Allen Dail against the City of Goldsboro and individual defendants to seek redress for his wrongful incarceration.  The complaint may be viewed here.

Mr. Dail was arrested on May 13, 1988 for the rape of a 12 year old girl.  He maintained his innocence from the date of his arrest onward and insisted that evidence collected from the crime scene be tested against his DNA.  After Mr. Dail’s conviction, the City of Goldsboro reported that the evidence had been destroyed.  Eventually, in 2007, after repeated requests for this evidence, the Goldsboro Police Department acknowledged that, contrary to their previous representations, they were in fact in possession of the evidence from the crime scene.  The DNA evidence was tested against Mr. Dail’s DNA and he was finally exonerated after 18 years of imprisonment and set free.

Mr. Dail’s complaint brings claims under the federal constitution, North Carolina Constitution, and North Carolina common law.  Mr. Dail is represented by Burton Craige and Narendra Ghosh, as well as Spencer Parris and Christopher Olson at Martin & Jones.

Categories: News of the Firm Tags: Burton Craige, Civil Rights, Complaint, Constitutional Law, Exoneration, Narendra Ghosh, Negligence, Personal Injuries, Wrongful Conviction, Wrongful Incaceration

In a unanimous decision, the North Carolina Court of Appeals upheld the trial court’s decision awarding Plaintiff Rebecca Davis joint custody of the child she raised with her former domestic partner:

Defendant Margaret Swan appeals from an order granting Plaintiff Rebecca Davis joint legal custody and secondary physical custody of Swan’s biological child (“minor child”). Swan argues that the trial court erred by applying the best interest standard to the child custody dispute between the parties. Because the record shows that Swan acted inconsistently with her constitutionally protected right to exclusive care and control of the minor child, we affirm the trial court’s decision to apply the best interest of the child standard.

On appeal, Davis was represented by Burton Craige, Narendra Ghosh, and Sharon Thompson of the Sharon Thompson Law Group.

Categories: Judicial Decisions, Results Tags: Appeals, Burton Craige, Constitutional Law, Family Law, Narendra Ghosh, NC Court of Appeals, Results

On behalf of two local IAM unions, Patterson Harkavy has prevailed in federal district court in a case challenging a labor arbitration decision.  This case arises from Plaintiff UGL UNICCO’s termination of union member Ronald Corbett.  UGL UNICCO provides facilities maintenance services at a tire plant in Wilson, North Carolina, owned by Bridgestone Firestone North American Tire.  Corbett was employed by UGL UNICCO and worked at the Bridgestone Plant.  Defendants Local 2541 and District 110 are constituent entities of the International Association of Machinists and Aerospace Workers (“IAM”).  The IAM was represented in this case by Mike Okun and Narendra Ghosh.

The union challenged Corbett’s termination and the case was initially decided by an experienced labor arbitrator.  Corbett, a 34-year employee, did nothing wrong in getting fired, but was terminated without just cause because of Bridgestone’s unilateral decision.  This is commonly known as a persona non grata situation.  The arbitrator found that this firing violated the union’s contract with UNICCO, and award Corbett 68 weeks of pay as damages because she could not order Bridgestone to return him to work.  UNICCO challenged the arbitrator’s decision in federal court.

In his July 16, 2010 opinion, Judge Boyle affirmed the arbitrator’s award and granted the union’s motion to enforce it.  Judge Boyle reasoned:  Read more…

Categories: Judicial Decisions, Results Tags: Bridgestone, Eastern District of North Carolina, Federal Court, International Association of Machinists, Labor and Employment, Labor Arbitration, Michael Okun, Narendra Ghosh, Personan Non Grata, Results, UNICCO, Unions, Wilson

Last year, the State expanded the coverage of the North Carolina Guaranty Association to include structured settlement annuitities for North Carolina residents.   This is especially important for people who receive annuities as part of a workers’ compensation or personal injury settlement.  Coverage here.  One part of the new law’s language was less than clear, which required an amendment.  The amendment makes clear that annuity protection runs to the benefit of the actual beneficiary, the “payee” of the policy.  The text can be found here.  The amendment was enacted during the legislature’s short session this summer and signed by the governor.  Hank Patterson and Narendra Ghosh assisted with the legislative effort.

Categories: Legislative Action Tags: Hank Patterson, Legislation, Narendra Ghosh, NC Legislature, North Carolina, Personal Injuries, Structured Settlements, Workers' Compensation

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