NCLAWYERSWEEKLY.COM Part of the
VOLUME 34 NUMBER 17 ■
AUGUST 29, 2022 ■ $8.50
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‘Single nugget of misconduct’
COA: Failure of service ends case ■ BY CORREY E. STEPHENSON BridgeTower Media Newswires
Terri Cowgill worked as a call center representative from 2004 until September 2015 for First Data Technologies, Inc., a credit
A trial court properly concluded that it did not have personal jurisdiction over a defendant that was never properly served with service of process, a unanimous panel of the North Carolina Court of Appeals has ruled, affirming dismissal of the action. Gary Blaylock was hired by AKG North America in 2017. He claimed that the company fired him for repeatedly complaining about the “sexual harassment, hostile work environment and absence of supervisors attempt to resolve the issues.” Blaylock filed his original complaint in Alamance County Superior Court on Dec. 18, 2019, with the summons issued the same day. On Dec. 23, he attempted to serve the defendant but failed when the Alamance County Sheriff returned the summons, noting that the address given for the company was in Orange County. Over the next 12 months, Blaylock never properly served AKG. On Jan. 17, 2020, the defendant removed the action to the Middle District of North Carolina based on federal claims alleged in the complaint. In the notice of removal before the federal court, AKG raised the issue that Blaylock had not affected service of process. After removal, AKG sought an extension of time to answer or respond to the complaint, explaining that it had not been served by Blaylock. Blaylock responded with
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Evidence of pretextual firing saves ADA claim ■ BY NICK HURSTON BTM Wire Services An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the dismissal of the employee’s discrimination claim after finding enough evidence to send the claim of discrimination under the Americans with Disabilities Act, or ADA, to a jury. The employer put forth several arguments, including that the
plaintiff wasn’t meeting its legitimate business expectations, a discrimination inference was unwarranted and its reason for terminating her wasn’t pretextual. Judge Roger L. Gregory disagreed. “There is a sufficient basis for a reasonable factfinder to conclude that [the employee] — despite being similarly-situated to the comparators — was treated differently,” he wrote. The judge added that a “reasonable factfinder could conclude that [the employer] searched for and found the single nugget of misconduct that allowed it to place [the employee] on an IAP and set the
course for her termination.” Gregory was joined by Judge Stephanie D. Thacker. Judge A. Marvin Quattlebaum Jr., concurred in part and dissented in part, saying the evidence didn’t support a finding that the employee met legitimate expectations. The July 22 opinion is Cowgill v. First Data Technologies Inc. (VLW 022-2-179).
FMLA leave
Attorneys join to create new IP law firm ■ BY JASON THOMAS jthomas@scbiznews.com Registered patent attorneys Doug Kim and Seann Lahey of the Greenville area have joined together with Charleston patent attorneys B.C. Killough and Ernest B. Lipscomb III to form the statewide intellectual property law firm Kim Lahey & Killough, according to a Kim Lahey & Killough news release. Registered patent attorneys Kim, Lahey, Killough and Lipscomb collectively have more than 140 years of experience and have the capabilities in providing legal services throughout the Caroli-
nas to companies ranging from start-ups and early ventures to established international markets, the release stated. Key practice areas include intellectual property, business and commercial litigation, mediation, employment, corporate and business matters, mergers and acquisitions, contracts, and cybersecurity in a number of industries to include manufacturing, software, energy, finance, hospitality, tourism, technology and more.
Charleston
the areas of patents, trademarks, copyrights, commercial transactions, litigation and mediation to his clients for over 30 years, the release stated. He has obtained more than 300 U.S. patents for clients, participated in prosecuting more than 100 foreign patent applications and filed more than 1,200 trademark applications with the U.S. Patent and Trademark Office on behalf of his clients. In addition, he has obtained numerous foreign trademark registrations for clients and his foreign patent work includes participation
B. C. Killough has provided legal services in
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INSIDE BAR DISCIPLINE ROUNDUP
BAR DISCIPLINE ROUNDUP
COMMENTARY
Attorney reprimanded after official misconduct case
Charging, collecting excessive fee results in reprimand
Health care attorney appointed to Governor’s Council on Aging
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