There are multiple defenses available in North Carolina for product liability claims. One that defendants can consider involves instances of subsequent alteration or modification of the allegedly defective product by a party other than the manufacturer. However, there are some important nuances to keep in mind related to this defense. First, this defense is not…
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As part of Teague Campbell’s mission to give back to our communities, in honor of each of our employee’s birthday, Teague Campbell donates to a 501(c)(3) charity of the employee’s choice. In the second quarter of 2022, Teague Campbell has donated to the following charities on behalf of our employees: American Cancer Society Carolina Hurricanes…
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Over the last year, we have seen an uptick in claimant attorneys requesting a second opinion on treatment options under N.C. Gen. Stat. § 97-25(b) and that defendants 1) issue a prepayment for that visit and 2) pay beyond the NCIC fee schedule amount for the visit. Claimant attorneys argue there are not any medical…
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As part of the firm’s 75 year celebration and continued commitment to our community, the Teague Campbell Raleigh office volunteered with two local organizations that are benefitting Raleigh, Wake County, and beyond. As part of Teague Campbell’s Raleigh Service Day, employees sorted food at the Food Bank of Central and Eastern North Carolina, a non-profit…
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A recent May 2022 decision from the North Carolina Court of Appeals provides a refresher on the “eggshell plaintiff rule” and taking your claimant how you find them. In Kluttz-Ellison v. Noah’s Playloft Preschool, the claimant sustained two separate incidents to the knees while working as the owner and director of a preschool. One incident…
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Question Must the North Carolina State Health Plan provide transgender employees with gender affirming medical services (hormone therapy, surgery, and other affirming treatments)? Answer As of now, yes. A District Court judge has ruled in Kadel v. Folwell that refusal to cover gender confirmation procedures and treatment violates the Equal Protection Clause and Title VII of the…
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Commissioner Myra Griffin Reappointed Commissioner Myra Griffin was reappointed by Gov. Cooper to serve a second six-year term beginning July 1, 2022. Her reappointment is subject to confirmation by the North Carolina Gen. Assembly and had been approved by the House of Representatives as of June 29, but was still pending in the Senate. However,…
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When employees in North Carolina sustain injuries by accident arising out of and in the course of their employment with employers, their ensuing workers’ compensation claims are generally compensable. However, what if the injured worker is a subcontractor? And, does it matter if the injured subcontractor is uninsured? What if the injured worker is a…
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Effective July 1, 2022, partner Daniel Hayes will end his tenure at Teague Campbell and open his own practice where he will continue to handle a variety of Medicare Settlement Solutions. Daniel joined the firm in 2011 and is a Certified Medicare Set-Aside Consultant (MSCC) and Certified Medicare Secondary Payer Professional (CMSP). Please join us…
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In December of 2021, the North Carolina Supreme Court issued a decision in an area that is the subject of frequent litigation: claims by purchasers of homes against the real estate agents involved in the purchase. The decision by the Court could affect seller’s agents’ duty to disclose to potential homebuyers and buyer’s agents fiduciary…
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