Change to Framework for Proving Disability in North Carolina Supreme Court’s Landmark Wilkes Decision

and

In addition to creating a medical presumption for accepted claims, the North Carolina Supreme Court’s decision in Wilkes v. City of Greenville has significantly altered the landscape for proving disability.  The Court has held that an employee can prove a disability outside of the four methods outlined in Russell v. Lowes Product Distribution.  The Court…

Watch for Potential Permitting Pitfalls

The North Carolina Residential Property Disclosure Form gives sellers of real property the option of disclosing the existence of room additions, structural changes, and violations of building codes and zoning ordinances, if any, or to make “no representations.” Even where a seller makes no representations, however, a real estate licensee with knowledge of any of…

Landmark Decision by North Carolina Supreme Court: Practical Implications for Claims Administration Following Wilkes

On Friday, June 9, 2017, the North Carolina Supreme Court issued its eagerly anticipated decision in Wilkes v. City of Greenville, in significant part, unanimously affirming the Court of Appeals. Wilkes involves two primary issues. First, whether Johnnie Wilkes failed to meet his burden of establishing that his anxiety and depression were the result of…

Second Circuit to Rehear Case Considering Whether Title VII Includes Sexual Orientation as a Protected Class

The Second Circuit,* (serving six districts within the states of Connecticut, New York, and Vermont) will reconsider its position, currently aligned with the vast majority of federal Circuits, that Title VII of the Civil Rights Act of 1964 does not include sexual orientation as a protected class.  Title VII prohibits discrimination in the employment context…

Obeying the Unwritten Rules

Walker v. North Carolina State Board of Dental Examiners and Its Meaning for Professional Licensees in North Carolina North Carolina currently has fifty-five occupational licensing agencies. These agencies regulate professions including law, medicine, engineering, surveying, therapy, and real estate. Generally, the agencies regulate their particular professions by enforcing rules of ethics and practice. Their rules are…

Summer Associates Support The Food Bank

Two of our summer associates joined two partners at this month’s volunteer project with The Food Bank of Central and Eastern North Carolina. We are happy to have them on board and appreciate their willingness to give back to the community! Please visit The Food Bank of Central & Eastern North Carolina’s website for more…