The North Carolina Supreme Court issued a broad opinion in North State Deli v. Cincinnati Ins. Co. on December 13, 2024, where it broke from the vast majority of jurisdictions and determined that COVID shutdown orders constituted a “direct physical loss” triggering first-party property coverage and recovery of supplemental business income. Importantly, “direct physical loss” […]
On Friday, December 13, 2024, our Supreme Court issued a decision in Sturdivant v. N. Carolina Dep’t of Pub. Safety, which affirmed what the North Carolina Legislature has already confirmed: the “total loss of wage-earning capacity” required for an employee to qualify for extended disability benefits (beyond 500 weeks) means “the complete elimination of the capacity […]
The SMART Act requires CMS to annually review the costs associated with the collection of Medicare conditional payments and set forth a threshold amount applicable to settlements, judgements, awards, or other payments (TPOC amount) for which it will not seek recovery. The threshold amount for 2024 was $750.00. On December 16, 2024, CMS announced the same […]
The NC Court of Appeals reached a decision in favor of the North Carolina Board of Architecture and Registered Interior Designers, represented by our attorneys, Grant Simpkins and M. Jackson Nichols. The case centered on Robert Ward Ferris’s petition for judicial review of a Board decision finding him in violation of architectural practice statutes. The […]
Hedrick Gardner is pleased to announce our inclusion in the 2025 edition of Best Law Firms®, published by Best Lawyers®. The firm earned the following 15 metropolitan rankings: Metropolitan Tier 1 Charlotte Raleigh Columbia Metropolitan Tier 2 Raleigh Metropolitan Tier 3 Charlotte Raleigh Asheville The rankings are based on client feedback, peer reviews from attorneys, […]
We are proud to announce that Tricia Shields has been selected to receive the prestigious John B. McMillan Distinguished Service Award from the North Carolina State Bar. Established in 2009, this distinguished award recognizes current and retired members of the State Bar who have demonstrated exemplary service to the legal profession and their communities. Recipients […]
The North Carolina Industrial Commission (Full Commission) recently reached a decision in a COVID-19 occupational disease workers’ compensation claim. This decision has not been appealed, giving guidance as to handling and defending of similar claims. Case Overview Key Facts Commission’s Ruling The Full Commission determined that the plaintiff failed to prove: Significance of the Ruling […]
by Salvatore Popolillo III Children born out of wedlock is a growing trend in the United States.1 According to recent statistics published by the North Carolina Department of Health and Human Safety, from January through March 2024 more than 40% of children born in North Carolina were born out of wedlock.2 Given this statistic, it is foreseeable that, […]
by Salvatore Popolillo III Contractors and businesses that subcontract work need to exercise caution in choosing subcontractors, and failure to do so could result in liability for on-the-job injuries of a subcontractor’s employees. Although employers are required to obtain a valid and current Workers’ Compensation policy, some employers, particularly smaller subcontractors, do not. Generally, under […]
Hedrick Gardner is proud to announce that Raleigh Partner Catherine Lee was selected for inclusion in the 2024 edition of the North Carolina Lawyers Weekly Employment Law Power List. One of 31 attorneys selected for the list, Catherine is a partner in our Raleigh office where she focuses her practice on administrative and employment law. […]
