In Hojnacki v. Last Rebel Trucking, the Court of Appeals reversed the Industrial Commission, and ruled that one of the defendant-companies, Last Rebel Trucking, was also one of the plaintiff’s employers under the Workers’ Compensation Act. The plaintiff, Mr. Hojnacki, was an interstate truck driver who was hired by Last Rebel Trucking, a local North
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
Patterson Harkavy Prevails for Plaintiff in a Significant Constitutional Decision by the NC Supreme Court
In a unanimous decision, the North Carolina Supreme Court ruled that the plaintiff could pursue his constitutional claims against the local board of education in Craig v. New Hanover County Board of Education. Jusitce Hudson, writing for the Court, held that the plaintiff’s constitutional claims could not be barred because the school board enjoyed immunity
The North Carolina Supreme Court unanimously reversed the Court of Appeals today, ruling instead for the plaintiff in Helm v. Appalachian State University. Adopting Judge Calabria’s dissent, the Court held that the plaintiff has stated a valid retaliation claim under the state’s Whistleblower Act because she opposed a waste of funds by the university. Patterson
The Fourth Circuit affirmed the trial court's decision for the union in United Steelworkers, Local 850L v. Continental Tire. The Court agreed with the union that the dispute over pension and health benefits had to submitted to arbitration. Michael Okun assisted with the representation of the union.
In Masood v. Erwin Oil Company, the Court of Appeals reversed the decision of the Industrial Commission regarding the payment of interest on an award of medical benefits to the plaintiff. This is the second Court of Appeals decision in Mr Masood’s case, which began because he was denied workers’ compensation benefits after being shot