» NC Court of Appeals

NC Court of Appeals Voids as Overbroad a Non-Compete and Non-Solicitation Agreement

In a recent unpublished opinion, MJM Investigations Inc. v. Sjostedt, the North Carolina Court of Appeals declared a particular non-compete and non-solicitation agreement to be unenforceable because it was overly broad and too vague. In the opinion,… Read More
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Judge Wynn Confirmed to the Fourth Circuit Court of Appeals

Judge Jim Wynn was finally confirmed to the Fourth Circuit Court of Appeals last week. Judge Wynn was first nominated for the court in 1999. His confirmation comes after months of being held up in the Senate by Republican obstruction after President… Read More
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NC Court of Appeals on Workers' Compensation for Parking Lot Injuries

The latest workers’ compensation opinion from the North Carolina Court of Appeals, Cardwell v. Jenkins Cleaner, addresses the “going and coming” rule. “As a general rule, injuries occurring while an employee travels to and fro… Read More
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NC Court of Appeals Decisions on Workers' Compensation -- Part 2

The third workers’ compensation decision that the North Carolina Court of Appeals issued last week was Reaves v. Industrial Pump Service, a case that had already been to the Court last year. Under the Pickrell presumption, “When an employ… Read More
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NC Court of Appeals Decisions on Workers' Compensation -- Part 1

On July 20, 2010, the North Carolina Court of Appeals issued four published opinions regarding workers’ compensation. The first decision, Morales-Rodriguez v. Carolina Quality Exteriors, Inc., concerned whether the plaintiff was an employee or… Read More
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NC Court of Appeals' Latest Workers' Compensation Decisions

The North Carolina Court of Appeals has issued two workers’ compensation cases of note in its latest batch of decisions. The first, Woodliff v. Fitzpatrick, concerned whether the plaintiff’s employer had three or more employees. An employ… Read More
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NC Court of Appeals Upholds Jury Verdict for Employee to Collect Earned Bonuses

Earlier this month, the North Carolina Court of Appeals issued Kornegay v. Aspen Asset Group LLC, an interesting case that raises and decides some key issues under the North Carolina Wage and Hour Act (NCWHA). At issue was whether the employee-plaint… Read More
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NC Court of Appeals on Workplace Infliction of Emotional Distress Claims

In an unpublished decision last month, the North Carolina Court of Appeals issued Crocker v. Griffin, a case that touched on emotional distress claims in the workplace setting. In the case, four plaintiffs brought suit against their employer because… Read More
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Patterson Harkavy Wins Workers' Compensation Case for Police Officer in Court of Appeals

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… Read More
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Brief Filed for Dealership Manager in Workers' Compensation Appeal

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… Read More
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