Blog

Teen Found Responsible / Drug Overdose
August 08, 2006

Two families suffer from the tragedy of the untimely death of a teen after substantial drug use. 
Although a criminal case, there certainly appears to be the possibility of a lawsuit.  The officiating judge stated in court, "This case is about parental responsibility."  "As I listened to the evidence, I realized these kids were basically doing what they wanted to do." 

The matter was handled in Wake County District Court, where the Juvenile Justice Reform Act sets forth the guidelines for trials.  The teenager accused of providing drugs was sound "not guilty" of second-degree murder. . .but guilty of manslaughter.

Within the last 10 years, it has become more common to prosecute matters for second degree murder for offenses more normally associated with voluntary and/or involuntary manslaughter.  Although separate offenses, the prima facie elements necessary to prove the respective offenses are very similar. . .if not just a little confusing. 

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AllState Bad Faith
August 08, 2006

Bad Faith Claims are reserved for serious allegations against carriers, normally regarding bad faith, fraud and/or deceptive trade practices.  The vast majority of claims are settled equitably, despite the fact that it is an adversarial process.  There are times where things don't work out well and in the worst case scenario, certain representatives cross the line.  Here is a example of bad faith:  

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Nursing Home Found Negligent by Jury
August 08, 2006

Nursing Home Found Negligent by Jury
Care home is found negligent

$1 million awarded to the estate of man who died while living there

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Man Dead After Arrest - TASER
August 08, 2006

A Siler City man died early Sunday after being arrested and subdued by officers at the end of a 40-mile chase through Chatham and Randolph counties, according to the Chatham County Sheriff's Office.

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