Posts About NC Court of Appeals 

David Weiss wins further review of lethal injection procedures in NC Court of Appeals case

Posted on Mar 23, 2014 in News of the Firm

Last week, the NC Court of Appeals issued a decision in Robinson v. Shanahan, a case filed on behalf of four death row inmates that challenged the legality of the method of capital punishment in North Carolina.  Originally, the lawsuit focused on whether a three-drug method of execution was constitutional.  However, while the appeal was pending, the General Assembly changed the law dealing with execution procedures, and as a result of that change, a new execution method was adopted.  The Court of Appeals ruled that any issues raised by these changes must be considered first by the trial...

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Workers with side jobs may risk not being paid workers’ compensation

Posted on Mar 23, 2014 in Workers' Compensation

In these tough economic times, even the folks out there who are lucky enough to have jobs are often underpaid.  And being the hard workers that they are, in order to make ends meet, those folks often seek out second jobs or side jobs related to their full-time employment in order to make ends meet,  If you’re one of those people, you should be aware that you may not have workers’ compensation coverage for an injury sustained on a side job.  The good news is there are steps you can take to greatly increase your chances of being covered. A recent decision from the North Carolina Court...

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NC COURT OF APPEALS RULING MAKES IT MORE DIFFICULT FOR INJURED WORKERS TO KEEP THEIR WORKERS’ COMPENSATION BENEFITS IN A DOWN ECONOMY

Posted on Dec 2, 2013 in Workers' Compensation

In Medlin v. Weaver Cooke Construction, a civil engineer hurt his shoulder on the job and was out of work receiving medical treatment.  He  was later able to return to work, but he had permanent restrictions that prevented him from doing all the tasks he used to do before his injury.  He was later laid off due to the 2008 recession.  The engineer diligently searched for a new job and was unable to find one.  His employer then argued that it should be able to cut off his workers’ compensation benefits on the grounds that the only reason the engineer could not find a new job was due to...

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Injured Workers Must Prove What Caused Their Injury

Posted on Nov 6, 2013 in Workers' Compensation

Injured Workers Must Prove What Caused Their Injury

If an injured worker can’t prove what exactly caused their injury, he or she is not entitled to benefits, according to a recent ruling issued by the North Carolina Court of Appeals. Sonya Chaffins, a former employee of Tar Heel Capital Corporation, filed for workers’ compensation after an injury to her shoulder on the job in 2010. Chaffins had suffered a severe injury in 2002 that – despite eleven surgeries – continued to cause her legs to sometimes buckle. In 2010, Chaffins’ knees buckled and she fell and grabbed a car door handle, twisting her shoulder. Tar Heel Capital...

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Drunk Driver Who Killed Two Cyclists Gets 24 Years

Posted on Oct 18, 2013 in Bicycle Law

Drunk Driver Who Killed Two Cyclists Gets 24 Years

A drunk driver’s attempt to appeal two second degree murder convictions was rejected by the NC Court of Appeals. In April 2011, a drunk Thomas Howard Grooms Jr., struck and killed a father and son out for a Sunday morning bicycle ride on River Road in Wilmington.  This month, the North Carolina Court of Appeals upheld Grooms’ conviction of second degree murder. Thomas Howard Grooms Jr. appealed his conviction earlier this year, contending that proof of his prior drinking habits, pending drunk driving charge and the testimony of his ex-girlfriend that she had warned him against the...

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