Supreme Court

Supreme Court Asked to Decide Validity of North Carolina Workers’ Compensation Law

July 24, 2019 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if my employer doesn’t have workers’ comp insurance or doesn’t file the claim?”

Those who suffer injuries at work in North Carolina are able to seek workers’ compensation benefits under North Carolina’s Workers’ Compensation Act. However, a Florida freight broker that contracted with a truck company to ship blueberries has asked the U.S. Supreme Court to reverse a North Carolina appeals court decision it argues wrongly decided that the broker was liable for an injury to a truck driver because the truck company did not have workers’ compensation insurance. In its petition, the broker company Owen Thomas Inc. told the Supreme Court that federal transportation law preempts the North Carolina workers’ compensation statute provisions that hold contractors responsible for benefits to the drivers of uninsured motor carriers. According to the North Carolina Court of Appeals, the Federal Aviation Administration Authorization Act did not preempt enforcement of the state statute because imposing liability for workers’ compensation did not amount to a regulation of price, routes, or services.

Supreme Court Rules on Nursing Home Arbitration Agreements

June 20, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

The United States Supreme Court has ruled on a case that could affect nursing home claims all across the country. In Kindred Nursing Centers, L.P. v. Clark, the court reversed a lower court decision that rejected an arbitration agreement between the nursing home and the residents of the nursing home.

Oklahoma Supreme Court Rejects Workers’ Comp Law Catering To Special Interests

February 7, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if my employer doesn’t have workers’ comp insurance or doesn’t file the claim?”

We routinely hear that special interest groups exert outsize influence on legislation. Whether at the local, state or federal level, those industries with money to spend and lobbyists to hire are able to profoundly influence laws that govern us all. Though we might hear about this as a general area of concern, it is not often that we have specific examples of this playing out. One recent case in Oklahoma that made it all the way to the state Supreme Court did just that, revealing the power of certain moneyed special interest groups and the importance of an active judiciary to keep that power in check.

The importance of the recent Bristol-Myers Squibb case

December 6, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “How much time do I have to file a claim for my personal injuries after an accident?”

Every once in a while an important case comes along that sends the legal system scrambling. Many imagine these cases receive a great degree of fanfare, with names that stick in everyone’s mind. Though that is certainly true in some cases, there are a number of crucially important Supreme Court cases that have tremendous impact on the legal system, which are never widely known outside of the legal community. One example of that is the recently decided Bristol-Myers Squibb case.

Tennessee Supreme Court Issues Decision Regarding Proof of Medical Expenses

November 22, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if the accident was my fault?”

“Collateral source rule” may not mean much to most people. The legal phrase, though unfamiliar, is incredibly important in the context of personal injury cases. The Tennessee Supreme Court recently heard a case on the subject that captured the attention of the local legal community. In that case, the Supreme Court had to decide whether the collateral source rule, a bedrock principle of personal injury law, would remain in place. The decision has important implications in Tennessee and elsewhere.

Supreme Court Says Location Matters In Personal Injury Case

June 21, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “May I choose my own doctor in a personal injury case?”

If you’ve been injured at work, you’ve likely got a lot of things on your mind. Beyond trying to recover from your injuries, you may be worrying about when you’ll return to work and how you’ll be able to keep your family afloat in the meantime. Medical bills need to be paid, along with your ordinary household expenses, and a workplace injury can keep you off your feet and out of a steady paycheck for weeks, months or even years. Given the serious issues you have to contend with, worrying about things like where to file your lawsuit won’t rise to the top of your list. Issues such as proper jurisdiction can occasionally prove thorny and are best left to your personal injury attorney to sort out.

Medical Malpractice Damage Caps Under Fire In Florida

June 14, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “Do I have to pay taxes on a settlement or jury award in a personal injury case?”

Those in Florida who have suffered serious personal injuries due to the negligent or reckless action of doctors can rejoice after a recently issued state Supreme Court ruling. While other states debate passing new and more strict damage caps, those in Florida have come under intense fire from a skeptical judiciary. Though doctors, hospitals and insurance companies may complain, victims of medical malpractice and their advocates say the recent ruling tossing out damage caps is cause for celebration.

Indiana Supreme Court Sides With Illegal Immigrant In Personal Injury Case

May 24, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “How do worker comps payments work?”

Immigration is a complicated thing, that’s something everyone understands. Recent news headlines reveal how heated the topic can be, with people voicing strong opinions on the subject. Though there are broader debates about whether and how much immigration is a good thing how the system ought to operate, most people agree that it’s important that once immigrants are in the country that they have access to the justice system on an equal playing field with others. To do otherwise would create a lower caste of people who are denied justice.

Supreme Court Comes Down On The Side of Nursing Homes

May 17, 2017 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?

The Supreme Court issued an important decision today impacting millions of families across the country. The Court decided to weigh into an issue that has generated increasing controversy over the past several years: arbitration agreements. After hearing the facts of the case, the Court chose to side with big business interests, in this case, the nursing home industry, over the individual families who seldom understand that these agreements exist to strip them of their rights.

Judges order new trial in KFC slip-and-fall case

September 29, 2015 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

A recent slip-and-fall case out of New Jersey managed to grab the attention of the state Supreme Court. The New Jersey High Court ruled unanimously on Monday that instructions to the jury in a lower court personal injury case were flawed and that this prejudiced the result, leading the Court to order a new trial.