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Opinion Digests

Domestic Relations – Equitable Distribution – Spousal Support (access required)

In distributing marital property from a marriage of over 30 years’ duration in which the family owned a furniture business and husband made all the monetary contributions but wife made equal nonmonetary contributions and worked part-time in the family business, ...

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Civil Practice – Res Judicata – Identity Of Parties – Striking Counterclaim (access required)

A defendant petroleum company’s plea of res judicata is rejected because an earlier order striking a counterclaim as untimely was merely “ministerial” and cannot form the basis of a plea in bar. The defendant petroleum company makes two principal arguments ...

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Workers' Comp – Occupational Disease – Overuse Syndrome – Defective Photocopy Machine (access required)

A paralegal supervisor cannot recover for her “overuse syndrome” as an occupational disease resulting from the supervisor’s “stress in [her] arm” and cramping in her hand after several weeks of using a defective photocopy machine. The supervisor’s osteopath diagnosed “overuse ...

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Bankruptcy – Dischargeability Of Debt – Willful & Malicious Injury (access required)

A debtor whose bank mistakenly extended his line of credit, and who used that windfall to purchase property that he speculated would shortly rise in value, converted the bank’s money, despite his “good intentions” toward repayment, and discharge of the ...

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Civil Rights – N.C. Elections Law – Libertarian Party (access required)

The Libertarian Party’s challenges to three provisions of N.C. elections laws are rejected because the laws pass constitutional muster and the small burden some laws place on the party are outweighed by the state’s interest in administrative simplicity. The national ...

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Employment – ERISA – Health Benefits – Breast Cancer – High-Dose Chemotherapy (access required)

Although a breast cancer patient’s health insurance plan clearly excludes the “peripheral stem cell rescue” portion of the treatment recommended by her physician, the plan does not exclude the related high-dose chemotherapy, and that portion of the treatment must be ...

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Civil Rights – ADA – Judicial Immunity – Courtroom Access (access required)

A North Carolina Superior Court judge does not have absolute immunity from a suit under the Americans with Disabilities Act and 42 U.S.C. § 1983 filed by a woman who uses a wheelchair because of multiple sclerosis and who alleges ...

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Labor – NLRB Jurisdiction – University Food Services – Statutory Exemption (access required)

The court denies enforcement of a National Labor Relations Board bargaining order in which the board improperly asserted jurisdiction over petitioner, a food services company under contract with the University of North Carolina at Greensboro. The company contends that under ...

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Bankruptcy – Attorney's Fees – Willful Violation Of Stay (access required)

A Bankruptcy Court did not err in refusing to award attorney’s fees for the alleged “willful violation” of the automatic stay in bankruptcy by a co-owner of debtor’s lumber business in liquidating the family lumber business. The Bankruptcy Court found ...

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Civil Practice – Deposition Costs – Losing Party (access required)

When a plaintiff’s civil rights and defamation action against the city fire chief was dismissed, the city clerk’s office acted properly in assessing costs for a deposition against the losing plaintiff. The bill of costs submitted by defendants totaled $2,205; ...

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