Burton and Narendra File Amicus Brief with NC Supreme Court in Defense of the Racial Justice Act

Burton Craige and Narendra Ghosh have submitted an amicus brief on behalf of the North Carolina Advocates for Justice in North Carolina v. Marcus Reymond Robinson.  The case addresses the first instance of a North Carolina death row inmate having his death sentence reduced to life in prison under the North Carolina Racial Justice Act.

NC Supreme Court Sends Parking Lot Case Back to Commission

The North Carolina Supreme Court has sent a tricky workers’ compensation case back the Industrial Commission for additional fact-finding.  Cardwell v. Jenkins Cleaner involves a plaintiff who was injured when she slipped on some black ice three feet away from the back door to her office.  Our coverage of the Court of Appeals’ split-decision in

North Carolina Supreme Court Denies Review in Taylor v. Town of Garner; Win for Plaintiff

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.

Latest NC Supreme Court Decisions on Medical Malpractice and Employment Law

The North Carolina Supreme Court issued its latest round of decisions on April 15.  Two cases are worthy of note.  In the first, Brown v. Kindred Nursing Centers East, the 4-3 majority ruled that a plaintiff’s medical malpracitce complaint had to be dismissed because the plaintiff did not properly comply with the 120-day extension procedure

NC Supreme Court Approves Industrial Commission’s Transition Process

On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of the decision.  The case arose out of the transition when one of the Commissioners

NC Supreme Court Goes Awry in Workers’ Comp Case on Notice

In Gregory v. W.A. Brown & Sons, the North Carolina Supreme Court has at the very least made a simple area of the law very complicated, and at worst dealt a severe blow to injured workers with little legal justification.  At issue is the employee notice provision of the Workers’ Compensation Act, N.C.G.S. § 97-22,

Supreme Court Affirms COA on Employment At Will Case

In Franco v. Lipposcience, Inc., the North Carolina Supreme Court affirmed per curiam an NC Court of Appeals decision regarding employment at will.  The COA had issued a split-decision earlier this year, with Judge Wynn writing for the majority and Judge Erwin dissenting.  The plaintiff, who had been the VP of Marketing, was terminated and

NC Supreme Court Denies Review in Fulford v. Jenkins; Win for Plaintiff

The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Fulford v. Jenkins today, among its long list of orders.  This is a wrongful death action based on the negligence of the Duplin County Department of Social Services and its employees.  The defendants lost on the issue governmental immunity, appealed, lost