Publications

June 18, 2013	Sudden Emergency Doctrine is Alive and Well in North Carolina Mary E. Fulmore, Administrator of the Estate of Priscilla Ann Maultsby v. Gregory Howell and PFS Distribution Company, Inc., ___ N.C. App. ___, 741 S.E.2d 494 (2013). Marc Tucker Important to both commercial drivers and motor carriers, the North Carolina Court of Appeals recently affirmed the applicability of the sudden emergency doctrine in the context of a commercial motor vehicle accident, notwithstanding evidence of violations of Federal Motor Carrier Safety Regulations by the commercial driver.
June 18, 2013	Traveling Intrastate? Don’t Rule Out the Motor Carrier Overtime Exemption Julianna Earp The Motor Carrier Exemption (“MCE”) may be sufficient to result in an overtime exemption for drivers, as drivers participate in the interstate journey of the goods they are carrying.
June 18, 2013	Limitations of Liability - Carriers Need Them - (And Staffing Companies Too?) C. Marcinak A contractual provision limiting carriers’ liability for cargo damage is vital due to the strict liability on freight carriers imposed by the Carmack Amendment.
June 18, 2013	Transportation Industry Newsletter
June 18, 2013	FMCSA Barges Into Safety Management: The Safety Management Cycle and How it Might Affect You Robert Moseley, Kurt Rozelsky The FMCSA has issued Safety Management Cycle documents outside of the Administrative Procedures Act to dictate every detail of a carrier’s safety program, placing carriers in a difficult situation.
June 6, 2013	Certain Annuities Purchased by Medicaid Applicants Ruled Exempt from Federal Asset Transfer Penalty Sanders Carter, Kenton Coppage, Aaron Pohlmann, Elizabeth Bondurant, Manning Connors, Dorothy Cornwell, Nikole Crow, Jennifer Rathman, Peter Rutledge The Georgia Court of Appeals reviewed consolidated appeals by four applicants who sought Medicaid assistance in connection with their residential nursing home care, arguing that the Georgia Department of Community Health (“DCH”) had improperly imposed an asset transfer penalty prescribed by the federal Medicaid statute relating to long term care benefits.

Upcoming Events

June 24, 2013	G.P. Diminich to Host 3-Hour CLE Webinar on June 24
June 25, 2013	CLE: Issues and Best Practices Relating To Direct Examinations
June 27, 2013	Rob Moseley to Hold Transportation Conference in Greensboro on June 27th
October 2, 2013	Rob Moseley will teach Transportation Contracts presented by SMC3

Resources

	North Carolina Appellate Practice Blog, Broadcasting news of appellate practice in North Carolina's State and Federal Appellate Courts. Click here...

	Health Care Law Note, Smith Moore Leatherwood's e-newsletter for health care providers. Click here...

	Legal HIMformation®, Smith Moore Leatherwood's monthly e-newsletter for the Health Information Management (HIM) and Health Information Technology (HIT) community. Click here...

	The Inside Perspective, Smith Moore Leatherwood's monthly e-newsletter providing Labor and Employment legal solutions for Executives and HR Professionals. Click here...

	North Carolina Legal Landscapes, North Carolina's first blog dedicated to regular legal updates, commentary and education related to land development, urban growth and the environment, and the regulation of each by state and local governments. Click here...

	Transportation Industry Newsletter, covering legal and other developments affecting commercial motor carriers, brokers, shippers, third-party logistics companies, and their insurers. Click here...

	SML Compliance Solutions LLC, offering both Section 111 Reporting Software and legal support to help companies comply with the Medicare regulations of Section 111. Click here...