William Plyler | August 30, 2009
The North Carolina Supreme Court, in Blankenship v. Bartlett (No. 455 PA06-2, filed August 28, 2009), a 4-3 decision reversing a unanimous decision by the N.C. Court of Appeals, held that the Equal Protection Clause of Article I, Section 19 of the N.C. Constitution requires a degree of proportionality in districts drawn for the election of [...]
William Plyler | August 22, 2009
Facebook is the perfect forum for Sarah Palin. Her posts, reprinted by major media, generate as much buzz as would op-ed pieces in the New York Times or the Wall Street Journal. If nothing else, the posts are thought-provoking.
Sarah Palin’s August 7 post about “death panels” was a driving force behind the deletion of an [...]
William Plyler | August 18, 2009
A bar or restaurant which serves alcohol to a drunk patron who later injures his passengers in a car crash is not subject to an unfair or deceptive trade practice claim, according to a unanimous opinion filed today by the N.C. Court of Appeals. Noble v. Hooters of Greenville (NC) LLC and Hooters of America, [...]
William Plyler | August 13, 2009
A prevailing party may not recover attorneys’ fees from a losing party in North Carolina unless a statute specifically authorizes recovery of attorneys’ fees or unless an applicable common law doctrine authorizes recovery. Hoke County Board of Education, et al. & Ashville City Board of Education, et al., v. State of North Carolina; State Board [...]
William Plyler | August 12, 2009
Get a life. That is the executive summary of a lawsuit described in a front page article in the Raleigh News & Observer on August 11, 2009 (“Woman Sues to Get Men to Play Her“). The N&O reports that 41-year-old Nancy Griffin sued the City of Raleigh seeking money damages for her alleged emotional distress [...]
William Plyler | August 10, 2009
North Carolina Supreme Court Justice John Webb, who died on September 18, 2008, was a great man and a great judge. He was also my uncle and one of my best friends.
The Wilson Daily Times recently ran a front page article about a scholarship at the UNC Law School being established in Justice Webb’s name. [...]
William Plyler | August 10, 2009
President Obama is probably right that a single payer system would be the best system “if we were starting from scratch”. We are not starting from scratch. The President and Congress have clearly stated that if people like their current plan, they can keep it. This commitment presumes, among other things, that the person can [...]
William Plyler | August 10, 2009
1. Make health insurance mandatory.
Health insurance should be mandatory. Those currently eligible for Medicaid should remain eligible. Those who cannot afford health insurance should receive subsidies to help pay their premiums. Seniors will continue on Medicare. Everyone else should be required to have health insurance, whether paid individually or by employers. By making health insurance [...]
William Plyler | August 10, 2009
The North Carolina Court of Appeals recently reaffirmed North Carolina law that the intent of a defendant is irrelevant in an unfair and deceptive trade practice case. The case of Media Network, Inc. d/b/a Gateway Media v. Long Haymes Carr, Inc. d/b/a Mullen/LHC & Carney Media, Inc., (No. COA 08-801, N.C. Ct. of Appeals, June [...]
William Plyler | August 10, 2009
In North Carolina, a successful personal injury claimant is entitled to recover damages for injuries caused by the negligence of a third party. One component of these damages is the reasonable and necessary medical expenses incurred for the treatment of injuries sustained in the accident. Other components of damages include lost income, reasonable compensation for [...]