William Plyler | November 22, 2009
(My father, Beal Brent (B.B.) Plyler, Jr., wrote the following account of his experiences in World War II at the request of Betty McCain and John Hackney, Jr. in 2007. Prior to reading this account, I knew very little about his service in the Navy. I found his account very interesting and reprint it here verbatim. My father [...]
Category: Off-beat, Uncategorized |
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Tags: B.B. Plyler Jr., Battle of Savo Island, Guadalcanal, Hiroshima, Phi Gamma Delta, The Greatest Generation, USS Quincy, World War II
William Plyler | November 13, 2009
The instructor who taught my bar examination review course in 1982 announced that the multiple choice answer “violates due process” would never be a correct answer on the exam. He correctly forecast that “violates due process” would be one of the proffered answers to many of the questions, but he strongly urged us to always [...]
Category: Attorney Fees, Health Care Reform, Negligence, Tort Reform |
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Tags: "the last refuge of the dolt", a buried tort bomob, Attorney Fees, contingency fees, damage caps, medical malpractice reform, Tort Reform
William Plyler | November 7, 2009
The North Carolina Department of Correction may be liable where a probation officer placed a known sex offender in a home with two children who were subsequently sexually assaulted by the sex offender. Blaylock v. N.C. Department of Correction – Division of Community Corrections, (No. COA09-65, filed November 3, 2009), holds that the public duty [...]
Category: Court Opinions, Negligence, State Tort Claims Act |
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Tags: Department of Correction, probation officer, public duty doctrine, sex offender, special duty, special relationship, State Tort Claims Act
William Plyler | November 1, 2009
The Fourth Circuit Court of Appeals provided the widow of a motorcyclist a second chance in her lawsuit filed under the Federal Tort Claims Act (the “FTCA”). The key issue in Kern v. United States of America, (4th Circuit, No. 08-1287, decided October 29, 2009), was whether federal employee Debra Scott was acting in the course [...]
Category: Court Opinions, Federal Tort Claims Act, Negligence |
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Tags: course and scope of employment, Federal Tort Claims Act, FTCA, motorcycle, subject matter jurisdiction, vicarious liability