The Governor and the NC Legislature want to add two new NC Supreme Court seats in a last-minute legislative session! The session is supposed to be about Hurricane Matthew relief, but could also add new Justices to be appointed by Gov. McCrory in his last days in office. In November, Judge Michael Morgan won his […]
NC Supreme Court
The North Carolina Supreme Court has sent a tricky workers’ compensation case back the Industrial Commission for additional fact-finding. Cardwell v. Jenkins Cleaner involves a plaintiff who was injured when she slipped on some black ice three feet away from the back door to her office. Our coverage of the Court of Appeals’ split-decision in […]
The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Taylor v. Town of Garner. The Court of Appeals decided earlier this year that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the injury he suffered while working as a mounter officer at an N.C. […]
On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of the decision. The case arose out of the transition when one of the Commissioners was […]
In Franco v. Lipposcience, Inc., the North Carolina Supreme Court affirmed per curiam an NC Court of Appeals decision regarding employment at will. The COA had issued a split-decision earlier this year, with Judge Wynn writing for the majority and Judge Erwin dissenting. The plaintiff, who had been the VP of Marketing, was terminated and sought to […]
Carolina Power & Light Company v. Employment Security Commission: At issue was whether an employee who accepts a voluntary early retirement package, offered by the employer as part of a company-wide downsizing, is eligible for unemployment insurance benefits. In a unanimous opinion, the Court held that the employee was not entitled to benefits because he still […]
Castaneda v. International Leg Wear Group: The Court affirmed in a per curiam opinion a decision by the Court of Appeals, which had upheld the granting of benefits to the plaintiff. Judge Tyson’s dissent, which had argued that the medical causation evidence was speculative, was rejected by the Court.