Partners Against Crime / District 1 (PAC1) Newsletter May 2011

Volunteering In Our Community

Taibi Kornbluth attorney Mike Genest was noted and pictured in the May edition of the “PAC1” (Durham’s Partners Against Crime District 1) newsletter for his community volunteer work.  On April 16, 2011 Mike and four other volunteers hit the streets of the Northeast Hills community to collect discarded trash and recyclable waste from the streets, ditches, and wooded areas.  The weather was uncooperative and the volunteers were a bit damp when they finished the job, but they nonetheless collected dozens of bags and hundreds of pounds of trash and made this area of Durham that much cleaner and nicer.  We are proud to be a part of the city of Durham, and proud to be engaged in projects like this one to benefit everyone in our community.

Below are a couple of pictures of the garbage cleaned up by Mike Genest and the other volunteers.

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about this or any other legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

We Want YOUR Thoughts On The Issues

Hopefully you have had a chance to read our latest post on the probable outcome of Kyle Busch's speeding incident. If you have any thoughts or concerns you want to share about this legal situation, please feel free to comment on any of our blog posts. You can also find us on twitter @tklawgroup and on facebook at "Taibi Kornbluth Law Group."


If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about this or any other legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

NASCAR Driver Kyle Busch Gets A Ticket For 83 mph Over The Speed Limit

http://www2.statesville.com/news/2011/may/24/27/kyle-busch-cited-128-45-mph-zone-ar-1061276/

NASCAR driver Kyle Busch is reported to have been cited for speeding and reckless driving in Iredell County, North Carolina yesterday when a Sherriff’s deputy clocked him at 128 mph in a 45 mph zone.  Even if he has a completely spotless record, the charges against him could add up quickly:  Being convicted of speeding over 80 mph in North Carolina, regardless of the speed limit, will get you 3 driver’s license points and four insurance points, and he also faces an automatic thirty-day license suspension (pursuant to North Carolina General Statute § 20-16.1). Reckless driving also carries four driver’s license points and four insurance points, and is a class 2 misdemeanor, which could carry as much as 30 days of community service or suspended jail time.  If he is convicted as a first-time offender he would be eligible for “community punishment,” which would include probation, fines, restitution, or community service.

I expect Kyle Busch will probably plead to a lesser charge and pay a fine, as often happens in these cases (though cases with these kinds of speeds are not seen very frequently).  I also expect he will still be driving in races even if North Carolina suspends his license, as NASCAR does not require a valid state license as a prerequisite to a racing license.

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about this or any other legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

Supporting Pancreatic Cancer Research

Taibi Kornbluth Law Group was proud to sponsor a hole for the 12^th annual Durham County Bar Association Charity Golf Tournament.  The tournament is a terrific event that has raised over $50,000.00 for charity since its inception.  This year’s tournament benefits pancreatic cancer research, so researchers, fundraisers and employees of the Duke University School of Medicine joined the lawyers, judges, and other members of the Durham Bar community in coming together to raise awareness and financial support for this important cause. 

In addition to contributing sponsorship, Taibi Kornbluth Attorneys Mike Kornbluth and J. Michael Genest played in the tournament.  Thankfully, the contribution to pancreatic cancer research was in no way dependant on their golfing prowess.   

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

"3 E's" Of Choosing The Right Lawyer

Choosing a lawyer is an important decision, one that could have a substantial impact on your finances and the outcome of your legal matter.  If you were hiring someone to work for you, would you take the first person who sent you a resume just because they were first?  Probably not, and hiring a lawyer should be approached with the same care.  You are hiring a professional to perform a specific function, and you need to know that they are right for you and your circumstances.  Finding the right lawyer is made easier by the great amount of information available on the internet, but you should also remember that it is perfectly acceptable to call a lawyer’s office and talk to them about why you should hire them, as opposed to all of the other lawyers in the area.  Below are “Three E’s” to help you choose the right lawyer for you.  

1)  Expertise.  It sounds obvious, but you want an attorney who is good at doing what you need them to do.  If you need an attorney to defend you against criminal charges, you certainly want one that has expertise in criminal defense.  If you need an attorney to represent you when you’ve been wrongfully terminated, you want an attorney with employment law expertise.  Expertise is often the product of training and focused experience, so to judge an attorney’s expertise you will want to consider their training, their credentials, their group memberships, and similar indicators of their specific knowledge.  This does not mean that a good attorney will necessarily have a single focus, but they will have advanced knowledge which specifically applies to you and the issue you want the attorney to help you with.

2)  Experience.  The more you perform any task or process, the better at it you are likely to become.  The same is true of lawyers.  If you have been the victim or discrimination in your workplace, you likely will want an attorney that has handled similar cases, not one who will be learning the law as they prosecute your case.  Relevant experience contributes to greater knowledge of the process they will go through on your behalf, greater confidence in the attorney and the case, and the familiarity with similar cases to prepare you for what to expect in your specific case.

3)  Ease.  A good attorney will be easy for you to work with.  What that means for you will depend on your situation.  It may mean giving you options for payment, or being available when you need them.  It may mean that the staff are friendly, that they speak your language, or that you get to talk to your attorney about your case.  It may mean that the attorney’s office is conveniently located to you and to the service you need the attorney to perform.  Whatever it means to you, your experience with your attorney will be improved if you consider these factors in advance.

The chances are good that if you think about these factors in advance and make an educated decision about the attorney you are hiring, you will have a better experience and better result in dealing with your legal concern.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about hiring a lawyer, or any other legal matter, you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

$330,000.00 Settlement For Taibi Kornbluth Clients

We are pleased to announce the latest success in our pursuit of beneficial outcomes for Taibi Kornbluth Law Group’s clients.  After intense litigation against multiple defendants and their lawyers, the defendants in this land development fraud case have paid our clients $330,000.00 to settle the claims and end the lawsuit.  We are especially proud of attorney Anthony Taibi and attorney Michael Kornbluth’s hard work on this case, and we are glad to provide our clients with this favorable resolution. 

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

Disclaimer:  Please note that cases mentioned on this Blog are illustrative of matters handled by the Taibi Kornbluth Law Group, P.A., the results of each case depend on a variety of factors unique to each case, not all results are provided, and prior results do not guarantee similar outcomes in other cases.

Supreme Court Begins Hearing Arguments in Data-Mining Case

The Supreme Court is hearing arguments in Sorrell v. IMS Health case, which has to do with the State of Vermont placing limitations on so called “data mining.”  The Vermont law at issue limits or prevents the sale of information about doctors' prescribing tendencies without the doctors' permission.  One of the most talked-about features of this case is the First Amendment issues raised by the fact that the law appears to limit the ability of brand-name drug companies to be use restricted information in their marketing, while placing no similar restrictions on advocates of generic medicines, including the state, insurance companies and others who favor the increased use of cheaper, non-name brand drugs.  The questions and statements from the Supreme Court Justices appear to suggest that they think the law is an unconstitutional limitation on speech, but sometimes the Justices are particularly harsh on advocates to get them to state their best case clearly.  We likely won’t know how the Justices really view the matter until the opinion comes out, which is expected to be around June of this year.

North Carolina, especially Raleigh, Durham and RTP, will be following this story with interest, given the number of pharmaceutical companies and related institutions based in our area.  While current North Carolina law will not be directly affected by the Court’s ruling, it will undoubtedly shape future legislation on this topic, in North Carolina and across the nation.

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

Cooper Sentenced: How Long Is Life?

On the heels of the surprising guilty verdict from Raleigh this afternoon, when the Wake County jury found Bradley Cooper guilty of killing his wife Nancy near their Cary, North Carolina home, Cooper was immediately sentenced to life in prison by Judge Paul Gessner.  “Life” has meant different things at various times and in various jurisdictions.  For some people sentenced to “life” it has meant a minimum of 20 years, with the possibility to earn “good behavior” and other time credits and get out of jail at some point.  Mr. Cooper will not be eligible for release from prison at any point short of a future acquittal.  In North Carolina, the only sentence available for someone found guilty of First-Degree Murder (as Cooper was) is “life in prison without the possibility of parole”.  Since the implementation of structured sentencing in 1994, life without parole means exactly that: Unless Brad Cooper wins an appeal, he will remain in prison until the day he dies.



If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com or visit us at http://www.taibikornbluth.com

Brad Cooper Found Guilty

A surprising result in North Carolina today:  The jury in the Bradley Cooper murder case has just returned a verdict of guilty.  While many people in Raleigh, Durham, Cary, and the surrounding area have strong beliefs as to Mr. Cooper’s guilt, many felt that the evidence presented was insufficient to meet the legal standard of “beyond reasonable doubt.”  I would expect that Brad Cooper’s attorneys are even now thinking of the points that will allow them to take the case to the North Carolina Court of Appeals.  The case will not be re-tried there, as the Court of Appeals will examine only issues of law decided in the Superior Court, and will take the facts as presented. 



If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

Pictures From The Courtroom: Brad Cooper Trial

Closing arguments were held today in Raleigh in the murder trial of Bradley Cooper, accused of killing his wife Nancy near their Cary, North Carolina home.  When you see the pictures and video coverage of Brad Cooper a criminal trial, you may ask yourself where those pictures come from…Aren’t photographers banned from courtrooms?  Isn’t that why we always see sketch-artists’ renderings of criminal proceedings?  The short answer is that cameras used to be prohibited in North Carolina courtrooms, but have been fully permitted since 1990.

Cameras have been in courtrooms in the United States for almost as long as there have been cameras in common use.  In the 1930’s, following the heavily publicized Lindbergh kidnapping case, the American Bar Association made recommendations limiting the use of cameras and other recording devices in the courtroom, and many states incorporated these recommendations into law.   It was not until 1970, however, that North Carolina first banned these recording devices.  The rule followed the U.S. Supreme Court’s ruling in the Estes case, where the defendant claimed his right to a fair trial had been impeded by television coverage, and the Supreme Court agreed.  North Carolina’s prohibition on cameras and similar devices continued through the 1980’s, during which time the U.S. Supreme Court ruled on another case which affected the rule.  In Chandler v. Florida, the defendants claimed their rights to a fair trial had been impeded by television coverage of their case.  The Supreme Court found that there was no evidence that the presence of broadcast media inherently results in a lack of due process.  By 1987, North Carolina, among other states, had adopted more relaxed rules, which permitted use of cameras in courtrooms under limited and controlled circumstances.  Finally, in 1990, the North Carolina Supreme Court issued rules which allowed cameras in courtrooms.  Rule 15 of the General Rules of Practice for the Superior and District Courts of North Carolina creates the presumption that all state courts in North Carolina are open to cameras and other recording devices.  There are still regulations of course; the recording devices cannot be intrusive to the proceedings due to their location or the noises they make, and the judge retains discretion to not allow recording devices.  Also, recordings are not permitted of adoptions, juvenile cases, probable cause hearings, child custody cases, or other cases where the identity of the participants must be protected, and it is not permissible to record jury members, undercover agents, witnesses, or other people whose identity must be protected in the interests of justice.

The Wake County Superior Court has not chosen to prohibit cameras in the courtroom during Brad Cooper’s trial, which is why you are able to see pictures of Mr. Cooper and his attorneys, but you will not see pictures of the jury members. 

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com

Wind Damage Insurance Claims

The high winds and tornadoes which tore through our region last week have resulted in extensive damage to homes and other property.  The good news for many people affected by the recent weather is that much of the damage should be covered by homeowners or comprehensive auto insurance policies, depending on what was damaged.  It is important to remember that the insurance you have may be obligated to pay for more than simply the repair to your property. Depending on your policy and circumstances, your policy may cover temporary housing, a rental car, damage to your possessions, or other costs that you may not think of right away.  Keeping receipts as verification of your costs will likely prove helpful in getting reimbursed for everything covered by your policy.  Of course, if you have questions about what is covered by your policy, or if you are not sure your insurance company is offering you the right amount of reimbursement, we advise that you consult with a lawyer.  If you have questions it is usually best to speak to a lawyer sooner rather than later; if you sign an agreement with the insurance company and then realize that it doesn’t cover your whole loss, it may already be too late.

-J. Michael Genest

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.

Courtroom Buzz

Crystal Mangum was in Durham County Superior Court again this week.  I spend a fair amount of time in the Durham County Courthouse, and I generally do not look forward to the appearances of our minor celebrities, as it tends to fill parking spots and make the already-slow elevators slower as onlookers try to catch a glimpse of the notorious individual.  It looks like her next court date will be May 2^nd for all 3 of her cases, and it fortunately appears that I will not be in court, at least in criminal court, on that day.  If you have an opinion on Crystal Mangum’s case or the attention she attracts, I’d love to hear it.  Let me know what you think in the comments section below.

- J. Michael Genest 

If you have comments or questions about this blog post we invite you to submit your comments below.  If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com.