Call Us 919-240-4054Earlier this month, the North Carolina Court of Appeals issued an opinion concerning the viability of plaintiff’s Woodson claim — a wrongful death tort action based on an injury sustained at work. In Valenzuela v. Pallet Express Inc., the Court once again rejected a Woodson in what seemed to be an egregious case. Typically, plaintiffs injured […]
Case Commentary
Latest workers’ compensation opinion from NC Court of Appeals
On September 21, 2010, the North Carolina Court of Appeals released its latest batch of opinions, which included one published case on workers’ compensation. In Pope v. Johns Manville, the Court issued a second opinion in this case after granting defendants’ petition for rehearing. The Court’s first opinion in this case, issued earlier this year, […]
Latest workers’ compensation decision from NC Court of Appeals
Earlier this week, the North Carolina Court of Appeals published its latest workers’ compensation decision in Hedges v. Wake County Public School System. In this case, the plaintiff had stumbled and fell when she walked into a workroom to make copies of payroll materials. The plaintiff did not trip on something; she simply stumbled and fell. Because of […]
Magistrate judge concludes that Smithfield wage and hour collective action should proceed
In this case, plaintiffs are bringing collective action claims under the Fair Labor Standards Act (FLSA) based on the under-payment of wages and overtime at Smithfield Packing’s Tar Heel, North Carolina meat processing facility. Magistrate Judge Gates issued an opinion last week recommending that defendant’s motion to decertify the FLSA collective action be denied. If his recommendation […]
NC Court of Appeals voids as overbroad a non-compete and non-solicitation agreement
In a recent unpublished opinion, MGM Investigations Inc. v. Sjostedt, the North Carolina Court of Appeals declared a particular non-compete and non-solicitation agreement to be unenforceable because it was overly broad and too vague. In the opinion, the Court reviewed many of the core principles in determining whether non-compete agreements are enforceable. To be enforceable, a […]
NC Court of Appeals on workers’ compensation for parking lot injuries
The latest workers’ compensation opinion from the North Carolina Court of Appeals, Cardwell v. Jenkins Cleaner, addresses the “going and coming” rule. “As a general rule, injuries occurring while an employee travels to and from work do not arise in the course of employment and thus are not compensable.” This “going and coming” rule has further evolved […]