Cranfill Sumner & Hartzog LLP

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5420 Wade Park Boulevard
Suite 300
Raleigh, NC 27607, United States
Phone: (919) 828-5100
Fax: (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
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Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys
50-100 Attorneys

Groundbreaking—IRS makes things complicated

Employers who adhere to certain IRS guidelines may face much lower indemnity payments for employees who traveled for work pre-injury - Myres v. Strom Aviation, Inc. (16-558) - In companies where employees regularly travel…more

Aviation Industry, General Services Administration (GSA), IRS, Per Diem, Reimbursements

See all updates »

The Absent Commissioner: After a hearing, who may render a decision on the claim?

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.? Defendants denied the claim, arguing that plaintiff was not…more

Construction Accidents, Construction Workers, Jurisdiction

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Passing “Brunch Bills” to Repeal Blue Laws

A trend sweeping the nation, and perhaps, North Carolina? By statute, North Carolina allows on-premises alcohol sales statewide from 7:00 a.m. to 2:00 a.m. every day, except Sundays, when alcohol service cannot begin until…more

Blue Laws, Proposed Regulation, Wine & Alcohol

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Hurricane Preparations: Frequently Asked Questions about Homeowners Coverage

Cranfill Sumner & Hartzog LLP is closely monitoring Hurricane Florence and hopes that everyone in the state is taking the proper precautions to plan and protect themselves from this storm…more

Hurricane Harvey, Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters

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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

Professional Liability

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A Fee Apart: The How, When, & Who in Awarding Attorney’s Fees

In a compensable claim, defendants were ordered to pay for prior attendant care services that were performed by plaintiff’s partner. The deputy commissioner approved an attorney fee of 25% of the award of the retroactive…more

Attorney's Fees, Home Health Agencies, Judicial Review

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An Employer's Responsibilities During a Natural Disaster

With Hurricane Florence making landfall in North Carolina, our firm is frequently receiving questions from employers regarding their responsibilities to their employees during and following the storm. What follows is an overview…more

ADA, Exempt-Employees, FMLA, Hurricane Florence, Hurricane Season

See all updates »

NC Supreme Court Declines Review of Court of Appeal Decision requiring Expert Evidence in Occupational Disease Claims

On September 20, 2018 the Supreme Court declined a petition for discretionary review of the North Carolina Court of Appeals decision in the matter of Briggs v. Debbie’s Staffing, Inc., 812 S.E.2d 706, 707 (N.C. Ct. App.),…more

Appeals, Evidence, Expert Witness, Latent Occupational Diseases, Occupational Exposure

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Power to Calculate A Lien: What Court Has Jurisdiction to Determine a Subrogation Lien?

In Murray v. Moody, 797 S.E.2d 365 (N.C. Ct. App. 2017), a Wilson County Superior Court entered an “Amended Final Judgment” expressly provided judgment for a lien on damages that a jury awarded in a civil suit in favor of the…more

Attorney-Client Privilege, Final Judgment, Jurisdiction, Subrogation, Workers' Compensation Claim

See all updates »

Employee or Independent Contractor?

A Hot Question for 2018 due to The North Carolina Employee Fair Classification Act - Employee misclassification is not a new issue. However, the North Carolina Employee Fair Classification Act (EFCA), N.C. Gen. Stat. §…more

Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification, New Regulations

See all updates »

Are You a “Special” Employer?

When an appellate opinion includes words like joint employment, special employer, general employer, lent employee, or borrowed servant, it usually means that the parties have a fundamental difference of opinion about the exact…more

Appeals, Death Benefits, Exclusive Remedy, Motion for Summary Judgment, Motion to Dismiss

See all updates »

A Valentine’s Day Love Song Tribute to an Updated Estate Plan

At Valentine’s Day, we celebrate those we love whether our loved ones are our children or grandchildren, spouses, committed partners, or a romantic interest. While flowers and chocolate tend to be the traditional gifts to show…more

Beneficiaries, Disability Insurance, Durable Power of Attorney, Estate Planning, Life Insurance

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Non-Trucking Liability Policies: Application and Exclusion

Introduction - A policy of non-trucking liability coverage generally applies when a vehicle is being operated for a non-trucking use. If a driver is operating a vehicle in the business of a motor carrier then the motor…more

Auto Insurance, Motor Vehicles, Trucking Industry

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Maritime and Admiralty Presumptions Concerning Damages Caused by Vessels

How are legal issues handled when maritime vessels cause damage to other property? There are a few presumptions that are considered in every case of vessel damage. With the damage from Hurricane Florence, our attorneys are…more

Damages, Force Majeure Clause, Hurricane Florence, Maritime Transport, Shipping

See all updates »

Significant Opinion Affecting Governmental Employers

North Carolina Supreme Court recognizes a new claim in favor of governmental employees pursuant to the North Carolina Constitution. The North Carolina Supreme Court has recognized a new right pursuant to Article I, Section 1…more

Due Process, Employer Liability Issues, Grievance Process, NC Supreme Court, Public Employees

See all updates »

Industrial Commission No Longer to Allow Carriers to Directly File Motions and Responses (Form 24s, 23 Responses, etc.)

Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters. …more

Claims Adjusters, Discovery, Industrial Commissions, Rules of Civil Procedure, Unauthorized Practice of Law

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New FAA Policy Issued on Use of Hangars and Other Structures at an Airport

Effective July 1, 2016, the FAA has now provided a change in policy for airports that accept federal grants, or are under other federal obligations to allow storage of non-aeronautical items in airport facilities designated for…more

Airports, Federal Aviation Administration (FAA), Federal Grants

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Discretion to Adjudicate an Issue

May the Commission Determine Issues Not Mentioned By the Parties - Haulcy v. The Goodyear Tire & Rubber Co. - On April 23, 2014, Plaintiff was maneuvering a 55-pound tire at work when she felt pain in her lower back. …more

Disability Benefits, Goodyear, Workers Compensation Board, Workers' Compensation Claim, Workplace Injury

See all updates »

Claims Management versus Settlement: Cost Containment Strategies for the End of the Claim (Part 10 of 10) | CSH Law NC Workers' Compensation

This final segment in this “Cost Containment Strategies” Blog series addresses strategies for the end of the worker’s compensation claim. The considerations at this point in the claim are typically whether to keep the claim…more

Cost-Containment, Disability Benefits, Permanent Disability, Workers' Compensation Defense

See all updates »

Limitation of Liability Clauses

Many industry form documents and custom construction contracts contain provisions shifting or limiting the respective parties’ risks. One of the more potentially significant risk-limiting provisions seen primarily in customized…more

Construction Contracts, Form Documents, Limitation of Liability Clause, Professional Services Contract

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FAQ for North Carolina Product Liability Claims

Product liability law in North Carolina encompasses many of the same common law elements as most other personal injury claims, but it is unique in that it is governed by a detailed statutory code. The North Carolina Product…more

Strict Liability

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New Overtime Rules are Less Than a Month Away – Are You Ready?

Unless you have had your head in the sand, you know that the U.S. Department of Labor (“DOL”) is changing the rules on overtime pay for executive, administrative, and professional employees. These changes go into effect on…more

DOL, FLSA, Minimum Salary, Wage and Hour, White-Collar Exemptions

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Update: DOL Issues Final Overtime Rule

On May 18, 2016, the U.S. Department of Labor (“DOL”) issued the highly anticipated final overtime rule for white collar workers. The rule was promulgated in response to President Obama’s instruction to the DOL in 2014, which…more

DOL, Executive Orders, Final Rules, Minimum Salary, Wage and Hour

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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

Mediation, Settlement Negotiations

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Court Order Leads to Changes at the Industrial Commission

After taking office, Governor Cooper filed a lawsuit against the NC General Assembly and Chairman Allen and Commissioner Stith of the NC Industrial Commission challenging on constitutional grounds to changes to NCIC appointment…more

Administrative Appointments, Constitutional Challenges, Governor Cooper, Industrial Commissions, Separation of Powers

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Premises Camera Surveillance Part 1: When Does the Duty to Preserve Video Evidence Arise?

The effective and proper use of premises camera surveillance is just the first step in whether or not video evidence will be used in litigation. This first article in a series considers when a duty to preserve video…more

Admissible Evidence, Duty to Preserve, Video Recordings

See all updates »

2014 NC Case Law Update

Below is a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent injuries,…more

Workers' Compensation Defense, Workplace Injury

See all updates »

Waiving Legal Arguments

In Bentley v. Jonathan Piner Construction, the N.C. Court of Appeals addressed when a legal issue would be deemed waived by a party. The Court also addressed whether an injured worker was an independent contractor or employee…more

Construction Industry, Employee Definition, Employer Liability Issues, Independent Contractors, Workers' Compensation Claim

See all updates »

Accidents can be Aggravating

Allocating fault when Plaintiff has pre-existing conditions and is involved in two accidents - Stippich v. Reese’s Transit, Inc. - In this case, Plaintiff sustained injuries to his back and neck when he was involved in a…more

Auto Insurance, Bodily Injury, Car Accident

See all updates »

NC Industrial Commission Forms: Frequent Forms and When to File

North Carolina is what some people refer to as a “Form Intense” state. We’ve got forms for everything it seems. It’s easy to get confused. And the Commission sometimes doesn’t forgive; instead they fine and sanction you! So…more

Filing Requirements, Forms, Workplace Injury

See all updates »

Republican-Majority NLRB Closes out 2017 With A Bang!

The now Republican majority on the National Labor Relations Board (NLRB) was on a roll in December and is not hesitating to revise standards set by its Democratic predecessors…more

Boeing, Browning-Ferris Industries of California Inc., NLRA, NLRB, Political Parties

See all updates »

NC Court of Appeals Sets New Precedent for Employers

Yesterday, in a precedent setting opinion, Gonzalez v. Tidy Maids, Inc. et al., the North Carolina Court of Appeals held that when an employer has accepted a claim for benefits by filing a Form 63 and fails to contest the…more

Appeals, Employer Liability Issues, Filing Deadlines, Workplace Injury

See all updates »

US Supreme Court Makes it Easier to Bring Claims Against Police Officers

Last week, in Kingsley v. Hendrickson, the United States Supreme Court changed the law in the 4th Circuit, which includes North Carolina. North Carolina police officers will now work in a world in which it is easier for a…more

Due Process, Fourteenth Amendment, Harmless Error, Jury Instructions, Kingsley v Hendrickson

See all updates »

Republican-Majority NLRB Closes out 2017 With A Bang!

The now Republican majority on the National Labor Relations Board (NLRB) was on a roll in December and is not hesitating to revise standards set by its Democratic predecessors…more

Boeing, Browning-Ferris Industries of California Inc., NLRA, NLRB, Political Parties

See all updates »

Supreme Court Determines the Burden of Causation is on Employers and Carriers in Compensable Claims

In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future…more

Appeals, Car Accident, Causation, Disability Benefits, NC Supreme Court

See all updates »

Case Law Update: Rainey v. City of Charlotte

Rainey v. City of Charlotte (5/17/16) - This case the North Carolina Court of Appeals analyzed N.C. Gen. Stat. §97-58 and the statutory time limit to file an occupational disease. The Court dismissed an injured worker’s…more

Expert Testimony, Latent Occupational Diseases, Statute of Limitations, Workplace Injury

See all updates »

North Carolina General Assembly Makes Big Changes in Civil Courts’ Jurisdiction

On June 19, 2013 Governor Pat McCrory signed legislation dramatically changing the jurisdictional amounts for the various divisions of civil court in North Carolina. For many years, the amount in controversy limit for small…more

Amount in Controversy, Attorney's Fees, General Assembly, Jurisdiction

See all updates »

UIM Carrier has Standing to Seek Determination of Workers’ Comp Lien

In the recent case of Dion v. Batten, No. COA16-63, 2016 WL 4088417 (N.C. App. Aug. 2, 2016), the North Carolina Court of Appeals held for the first time that an underinsured motorist (UIM) carrier has standing to seek a…more

Arbitration, Insurance Industry, Liens, Standing, Uninsured and Under-Insured Motorists

See all updates »

Aviation Law News Alert: What We Can Learn From A Glider Who Flew Too Close To A Nuclear Power Plant

In the case of William Cox, personal representative for the estate of Robin Fleming, vs. Duke Energy, et. al. the Fourth Circuit recently addressed a glider pilot’s arrest for flying too close to a nuclear power plant, the…more

Airspace, Aviation Industry, Criminal Prosecution, Duke Energy, Federal Aviation Administration (FAA)

See all updates »

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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