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   State Courts - North Carolina - June 19, 2007

  
Lathon v. Cumberland County, NO. COA06-912, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Industrial Commission properly determined that plaintiff was entitled to workers' compensation benefits, because the board's findings that plaintiff's carpal tunnel syndrome constituted an occupational disease as defined by N.C. Gen. Stat. § 97-53(13) were supported by a doctor's testimony.

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Leasing Unlimited of S. Pines, Inc. v. Billy Wayne Mobley Defendant, NO. COA06-1270, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Lulla v. Effective Minds, LLC, NO. COA06-1059, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Judgment was reversed as personal jurisdiction under N.C. Gen. Stat. § 1- 75.4 over Delaware LLC would violate due process as contract with North Carolina resident, alone, did not provide minimum contacts, personnel involved in project did not originate from North Carolina, and work performed was completed in two other States.

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McKyer v. McKyer, NO. COA06-1605, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Morgan v. Big Elm Ret. Ctr, Inc., NO. COA06-1393, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Myers v. BBF Printing Solutions, NO. COA06-1298, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Judgment awarding workers' compensation claimant disability benefits under N.C. Gen. Stat. § 97-2(9) was affirmed as claimant showed three Hilliard factors as he showed through medical testimony extent of physical limitations, presented evidence that he unsuccessfully sought numerous jobs, and showed he had been diligent in job search.

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Oxendine v. TWL, Inc., NO. COA06-1397, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Determination that an insurer was obligated to provide workers' compensation coverage was proper because sending cancellation notice via regular mail failed to comply with N.C. Gen. Stat. § 58-36-105, which specifically applied to workers' compensation insurance and thus governed. Notice also failed to state a precise reason for cancellation.

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Peverall v. County of Alamance, NO. COA06-1106, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Denial of certification under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 23 was proper since potential 376 class members who might retire due to non-work related disability and be denied insurance benefits under new county ordinance were unknown. Six remaining employees' claims were disparate from employee's. He could not be adequate representative.

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State v. Baldwin, NO. COA06-1141, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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State v. Barefoot, NO. COA06-1056, COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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