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VOLUME 33 NUMBER 55 ■
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FEBRUARY 14, 2022 ■ $8.50
Korean battery maker can’t be sued in N.C. ■ BY DAVID DONOVAN david.donovan@nclawyersweekly.com
number of attorneys. This had been a growing problem even before the COVID-19 pandemic. That’s partly because Baby Boomer generation lawyers are now reaching an age where health issues are more likely to come on suddenly, but it’s also partly because an increasing number of attorneys are showing little interest in retiring and appear content to continue practicing until they
A North Carolina man who says he suffered serious burns when a battery exploded in his pocket won’t be able to sue the Korean company that made the battery in North Carolina court, the state’s Court of Appeals has ruled as it continues to interpret recent guidance from the U.S. Supreme Court about when states can assert personal jurisdiction over out-of-state companies. LG Chem, a South Korean company, makes lithium-ion batteries. In 2016 LG learned that lithium-ion cells it made were being used as unauthorized standalone rechargeable batteries in e-cigarette vape pens, and one cell had caused a fire inside a vape pen user’s bag. It redesigned the cells to reduce their risk of fire, added warning labels and a warning to its website cautioning against using the cells in vape pens, and tried to limit its distributors and corporate customers from selling the cells for standalone use in vape devices. Eric Miller subsequently purchased two of LG’s cells from vape shops in North Carolina. One of them exploded in his pocket, causing severe burns along his left leg. He sued LG in Durham County, alleging that the court had personal jurisdiction over the company because it caused the cells to be distributed and sold throughout the United States, includ-
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Trustees, a last resort for winding down practices, are needed more than ever ■ BY DAVID DONOVAN david.donovan@nclawyersweekly.com The first time that Lori Rosbrugh was appointed to serve as a trustee to wind down another attorney’s law practice, she fell into it by happenstance. A young civil trial attorney worked down the hall in her office building, and one day she noticed that his client file cabinet had been placed in the public lobby area. Through a series of phone calls,
Rosbrugh learned that the state bar needed someone willing to wind down his practice while he went on disability. “I didn’t go looking for it,” Rosbrugh said. “It sort of found me, but because it was someone I knew, sort of, from seeing this person on the same hall, I felt a calling to do it.” What are sometimes known as the four D’s—death, disability, disbarment, and disappearance—are unfortunately finding an increasing
Judge’s order removing clerk of court struck down ■ BY HEATH HAMACHER hhamacher@nclawyersweekly.com
A trial judge who permanently removed a clerk of superior court after considering alleged acts of misconduct that either weren’t included in the charging affidavit or didn’t rise to the level of misconduct necessary for removal must now reconsider that removal order, the North Carolina Court of Appeals has ruled. The ruling marks the first time that a state appellate court has considered the standard for removal of a duly elected clerk of court, though the state’s Supreme Court on several occasions
has analyzed the standard for judicial removal. Patricia Chastain had served as the Franklin County Clerk of Superior Court since 2013. In July 2020, local attorney Jeffrey Scott Thompson sought an inquiry into six alleged acts of willful misconduct by Chastain, including frequently asking the district attorney to reduce or dismiss minor charges against citizens; making ex parte requests to the chief district judge to strike orders for arrest; and intervening in a dispute between neighbors, claiming that she was authorized to mediate any case and telling one party—whom she knew and felt sympathy for—that the chief district court judge had no
right to issue a no-contact order against her. The affidavit also alleged that Chastain violated her fiduciary duties and distributed coupons for free smoothies to the jury venire, which might be seen as an attempt by the state to influence jurors. Franklin County Superior Court Judge Thomas Lock permanently removed Patricia Chastain as the clerk of superior court on Oct. 16, 2020, finding that numerous acts of misconduct and reckless disregard for the high standards of the court disqualified her from serving See Clerk Page 7 ►
INSIDE VERDICTS & SETTLEMENTS
VERDICTS & SETTLEMENTS
COMMENTARY
87-year-old man’s estate reaches $2M settlement
Truck driver who lost arm in crash settles suit for $1.35M
Contract disputes: Look closely, there’s more than meets the eye
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