Cranfill Sumner & Hartzog LLP

Utilizing the Misrepresentation Defense: Practical Tips for Employers

Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative…more
| Labor & Employment Law, Worker’s Compensation

Despite State Laws, Marijuana Use is Illegal and Can be Grounds for Discharge

A client in North Carolina recently asked me whether it was lawful to fire an employee for smoking marijuana. “Of course,” I replied. She then added another fact: the employee had been on vacation in Colorado and returned to…more
| Conflict of Laws, Labor & Employment Law

NC Court of Appeals’ first Daubert decision in a civil case: expert allowed to testify as to cause of fatal accident

As I previously posted, in 2011 North Carolina became a Daubert state which raised the bar for the admissibility of expert testimony in NC state courts.  In April of 2015, the NC Court of Appeals issued its first decision…more
| Civil Procedure, Personal Injury

Brackets in Mediation: A Primer...

If the typical back and forth of negotiations is no longer resulting in positive movement in a mediation, alternative approaches are worth pursuing. One such alternative is the use of brackets. While the concept of…more
| Alternative Dispute Resolution (ADR)

Employers: Is Your Company Social Putting You at Risk?

The arrival of summer marks the end of another school year and the anticipation of beach vacations, backyard cookouts, and pool parties. This time of year also brings the annual company festival with the boss manning the BBQ…more
| Worker’s Compensation

Dance Your Own Dance

Don’t let the other side control your negotiations. Parties often will structure their negotiations based on their perception of the reasonableness of the offers or demands made by the other parties. Frequently, I hear comments…more
| Alternative Dispute Resolution (ADR), Law Firm Marketing

Compensability of Idiopathic Conditions Under the North Carolina Workers’ Compensation Act

A challenging area of defense of workers’ compensation claims in North Carolina is that of pre-existing or idiopathic conditions. The North Carolina Court of Appeals has recognized and adopted the two definitions of…more
| Worker’s Compensation

Mediation- How Much Agreement Do You Really Need?

The goal of mediation is to settle the case, not to reach agreement on all areas of controversy. It is worth noting that the parties can reach a settlement even while remaining steadfast in their disagreement about the…more
| Alternative Dispute Resolution (ADR)

NC Court of Appeals Addresses Causation Standard for Workers’ Compensation “Misrepresentation Defense”

As discussed in my previous post, for claims arising on or after June 24, 2011, there is a new misrepresentation defense available to employers facing workers’ compensation claims. An Employer must prove all of the following…more
| Civil Procedure, Worker’s Compensation

Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense

On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense…more
| Worker’s Compensation

Mediation: settle your case on your own terms

The number of civil trials throughout the United States continues to decline. Mediation is a significant factor in the decline of the civil jury trial. More businesses and individuals are turning to mediation to resolve…more
| Alternative Dispute Resolution (ADR)

Any Extra Invitations to Mediation?

At times, the parties to an upcoming mediation seek to waive the requirement of some to attend mediation, when a better question might be, “who else should be invited?”…more
| Alternative Dispute Resolution (ADR)

Are You A “Professional” Under North Carolina Law: Why You Need To Know

Under the law, the definition of “professional” has broadened significantly over the past several decades as specialization in business and law increase. North Carolina courts have considered many factors in determining whether…more
| Civil Procedure, Professional Malpractice

What Professionals Can Learn from National Championship Coaches' Post-Game Comments

As a proud Carolina graduate, it is somewhat painful to see Duke’s success in another national championship and even more so as I write a post praising Mike Krzyzewski. However, in our daily quest for professionalism,…more
| Law Practice Products & Services

The Rest of the Story: Search for the Truth in Use of Force Cases

The late radio personality Paul Harvey had a famous show called “The Rest of the Story.” Harvey would bait his audience with a cliffhanger story based on sketchy facts, let them reach a conclusion, and then finish it with…more
| Constitutional Law, Criminal Law
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Contact

5420 Wade Park Boulevard Suite 300
Raleigh, NC 27607, United States

  • (919) 828-5100
  • (919) 828-2277

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Education
  • Environmental Law
  • Family Law
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Toxic Torts
  • Transportation
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys

50-100 Attorneys

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