Consider Removal to take advantage of Rule 35 under the Federal Rules of Civil Procedure. A psychological exam can be a valuable tool to defend against an emotional distress claim arising out of an underlying tort, and a vocational-rehabilitation exam can be instrumental in defending against a large lost earning capacity claim. But the plain language…
Teague Campbell attorneys Kyla Block and Melissa Woodard recently received a favorable decision from the Full Commission in a nuanced disability argument. Melissa argued the case before the Full Commission in February 2019 and the Commission’s Opinion and Award was filed July 2019. The claim involved a high-level employee at a production plant who sustained…
The increasing trend of employers to provide on-site medical staff can have numerous benefits for both employees and employers. Due to convenience, employees may be more likely to utilize the on-site medical services, leading to quicker identification of health issues and easier management of health care needs and costs for both parties. Employees may spend…
Among the bills to emerge from the ongoing 2019 session of the North Carolina General Assembly is a structural and substantive revision of N.C. Gen. Stat. § 22B-1, which invalidates certain indemnity agreements in the construction industry. Among the substantive revisions are a new subsection (b) deems invalid any indemnity agreement unless “the fault of…
Teague Campbell attorneys Matt Little and Becky Thornton handled an animal genetics and cyrogenics case through the Fourth Circuit on behalf of Genex Coorperative, Inc. Genex Cooperative, Inc. is a high-tech genetics company from Wisconsin that specializes in in vitro fertilization and other genetic manipulation of pureblood cattle. The case involved issues of breach of…
On June 3, 2019, the United States Supreme Court issued a unanimous 9-0 Opinion in Fort Bend County v. Davis that a complainant who fails to file a charge with the EEOC before filing a lawsuit against an employer does not create a jurisdictional defense for the defendants. Title VII of the Civil Rights Act…
Former state representative Ken Goodman has been confirmed as a Commissioner at the Industrial Commission by unanimous vote in the House and Senate of the General Assembly on April 18, 2019. He previously served as a Democratic member of the General Assembly representing the 66th district in Montgomery, Richmond, and Stanly Counties. James Gillen has…
The North Carolina Court of Appeals recently issued a new opinion concerning the coming and going rule. In the case of Wright v. Alltech Wiring & Controls, the Court provided some guidance concerning the contractual duty and traveling salesperson exceptions to the rule. The deceased worked as an estimator, which required him to visit various…
Partners Bill Bulfer and Courtney Britt recently contributed to DRI’s Insurance Policy Rescission Compendium by authoring the North Carolina Chapter. The compendium is a joint project between the DRI Insurance Law Committee and the DRI Life, Health and Disability Committee that took over a year to complete. It “is a comprehensive resource for insurance carriers,…
On January 31, 2019, at the NC Bar Center in Cary, NC, the Insurance Law Section will hold their 2019 annual meeting and CLE. This year’s concept, “Back to the Basics,” will assist attorneys and insurance adjusters both new to and well versed in insurance law. CLE credits are being offered (including 1 hour of ethics/professional…