Klapp v. Buck, a recent unpublished opinion by Judge Dillon of the North Carolina Court of Appeals revisits the defense of contributory negligence and confirms that this affirmative defense is not absolute. Background of the Case This case stems from an accident where Defendant’s vehicle collided with the Plaintiff who was riding her bicycle. The…
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is federal law that required creation of national standards for the protection of sensitive patient health information and to prevent disclosure of such information without the consent or knowledge of the patient. The text of the law is codified at 42 U.S.C. § 1320d to…
Article I, Section 15 of the North Carolina Constitution provides that “[t]he people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.” N.C. Const. art. I, § 15. The North Carolina Constitution implements this provision in Article IX, Section 2 by commanding…
As we continue to navigate the uncertain but improving times of the COVID-19 pandemic, potential legal exposure related to COVID-19 remains a particular concern for employers and business owners. For example, consider those people who are finally deciding to dine out indoors at a local restaurant: From the customer’s perspective, they may wonder what can…
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…
Last winter we examined the Court of Appeals decision in Wilkes v. City of Greenville and its seemingly a radical extension of the Parsons presumption to injuries not initially accepted as part of the claim. The decision Wilkes was appealed to the North Carolina Supreme Court and is set for oral argument in mid-February 2017. …