Intern Litigation
Summer 2011
Summer internships at LANC are for law students who want to gain
experience working in a public interest setting and desire
opportunities to do more than just legal research. Below are
just a few examples of victories that LANC's 2011 summer interns scored for
our clients:
Michael
Hinton, a
MLK summer intern in the
LANC-Ahoskie Office and a law student at
Campbell
University School of
Law, successfully represented a
mother and child who was being evicted from the
Elizabeth City Housing Authority today, June 10th.
[The tenant had previously been a domestic violence
client of LANC-Ahoskie Office, had been represented by a LANC staff
attorney and had received a DVPO.] The abuser/father of child
had been banned from the ECHA due to two incidents of his returning
to the property and trying to force his way in. The ECHA had
based their eviction on the "One Strike Policy", and stated she was
allowing him to reside there, and for having a banned person as a
boarder/lodger. Michael represented the tenant in a formal
grievance hearing before a hearing officer, and the client
was not evicted.
In another matter, Michael also went head to head in a
summary ejectment hearing against a "seasoned" private
attorney and won a non payment of rent hearing. Our
disabled client had been from hospital to rehab and had been able to
pay his rent until the nursing home moved him into long term care.
At that time, they began taking all of his social security check to
pay for his upkeep, which prevented him from making payments to the
Housing Authority. Michael successfully argued that the non payment
of rent was not a serious or repeated breach of the lease agreement,
and that client could pay the delinquent rent, and the magistrate
ruled in his favor.
Also, Michael successfully defended a client in an appeals
hearing for unemployment benefits. The client had
been terminated from her employment for alleged misconduct.
The client contended that she had been fired in retaliation for
filing a sexual harassment complaint against her supervisor.
The appeals referee found that there was no misconduct on the part
of the client, and ruled that the client was entitled to a maximum
benefit amount of $4, 400.
[Article submitted by Lynda Whitehead-Taylor, Managing Attorney,
LANC-Ahoskie Office.]
Congratulations to Josh Nielsen, a
MLK summer intern
in the
LANC-Asheville Office and a law student at the
Elon University
School of Law, on winning his first
hearing! Josh successfully proved no misconduct
in a
ESC hearing for a client who had been employed
by a large hospital for 30 years. His advocacy resulted
in more than $9,000 of unemployment benefits for a very
happy client.
[Article submitted by Angie Dorsey, Senior Managing Attorney,
LANC-Asheville Office.]
LANC-Durham Office - Domestic Violence/LL-Tenant/Public Benefits
Sarah Goodin Smith,
a
MLK summer intern
in the
LANC-Durham Office and a rising 3L at the
UNC School
of Law,
successfully represented a domestic violence
client in a 50B
case. Sarah interviewed the client,
prepared the case
for hearing AND successfully negotiated
a consent order with terms
which were favorable to our
client. Although negotiations were
lengthy, Sarah obtained an order which benefitted our client.
Sarah also successfully represented a housing client in a
Small Claims hearing. The landlord filed a summary
ejectment complaint against the Legal Aid client. However,
there were serious habitability issues with the dwelling.
Sarah interviewed the client, conducted an investigation and
prepared counterclaims on the habitability issues. At the
conclusion of the evidentiary hearing, the magistrate reduced by
one-half the amount of back rent owed to the landlord AND awarded
the client prospective rent abatement until the repairs are
completed! Sarah also assisted a client whose SSA
benefits were to be terminated due to an overpayment.
The SSA benefits are the client's sole income. Sarah assisted
the client with completion of necessary paperwork, went to the local
SSA office to consult in person with SSA staff and worked out
minimal payment terms. As a result, client's SSA benefits have
been restored. Sarah also worked on several
Medicaid appeal cases. She obtained medical
records, conducted client interviews, communicated with departments
of social services and physicians, conducted assessment and research
regarding the Social Security Disability Listings and in one case
prepared arguments for a brief which ultimately resulted in the
client being awarded Medicaid benefits. In response to a
request from Central Children's Home, a Rural Community Development
Initiative client, Sarah conducted research on HIPPA
compliance and wage and hour guidelines. The research
will be used in a staff training at Central Children's Home.
[Article submitted by Maccene Brown, Managing Attorney,
LANC-Durham Office.]
LANC Farmworker Unit - Employment/Unemployment
Congratulations to FWU (LANC Farmworker Unit)
volunteer law
intern Elsa Clausen, who recently
won an
unemployment hearing for a client who quit her job
when
she was refused a change in work assignment in a poultry
plant.
The client had previously worked cutting
chickens, suffered a hand
injury, and had been assigned to other work to avoid further injury
to her hand. Then the client's elderly father became ill,
needing her care, so she requested a change in shift. On the
new shift, the client was reassigned to work cutting chickens.
The referee found that the change in assignment, which rendered it
impossible for the client to work on this shift and care for her
father constituted a quit for good cause attributable to the
employer. Elsa is a rising 3L at the
University of Maryland School of Law's night division and has
experience clerking for
Legal Aid
Bureau of Maryland's Farmworker Division and the
Centro de Derechos Migrantes in Zacatecas, Mexico. The
LANC Farmworker Unit is lucky to have her this summer!
[Article submitted by Marylee Hall, Managing Attorney,
LANC-Farmworker Unit.]
Ashley
Smith, a
MLK summer intern
in the
LANC-
Fayetteville Office and a rising 3L at the
Elon University
School of Law, did a superb job all summer and was very
involved
in a variety of cases, however, every time she
prepared for battle,
they were always continued by
opposing counsel or adverse party.
She didn't think she'd
ever get to try a case. But, alas, the
day before her last day she was scheduled for a hearing before the
NC Employment Security Commission (ESC). Prior to contacting
LANC, the client had applied for unemployment benefits but was
denied. The client appealed, and Ashley represented her at the
hearing. Ashley was able to get the prior decision reversed
and a ruling was entered in client's favor stating client was not
disqualified for unemployment benefits. An excellent ending to
a great summer of advocacy.
[Article submitted by Toni Pinkston, Managing Attorney,
LANC-Fayetteville Office.]
Tierryicah ("Erica") Mitchell, a 2010 summer intern
in
the
LANC-Fayetteville Office and a rising 3L law student at
Wake Forest University
School of Law; tried a DVPO
matter on June 29. The matter
was highly contested with a
very seasoned attorney representing the adverse party
("AP").
There was no physical abuse. The request for DVPO was based on
AP's control and harassment that resulted in our client experiencing
substantial emotional distress.
Tierryicah obtained a 120-day
protective order for our client. Congratulations, Tierryicah!
[Article submitted by Toni Pinkston, Managing Attorney,
LANC-Fayetteville Office.]
Ben Halfill (MLK summer intern in the
LANC-Gastonia Office and a rising 3L at the
Wake Forest University
School of Law) came back to the Gastonia on August 22 to argue in Gaston
Superior Court in opposition to mortgage lender Sun
Trust's Rule 60 motion to set aside an order we had obtained
dismissing their foreclosure against our client! [By way of
background, our office had previously obtained the dismissal order
because Sun Trust failed to prove, at the earlier Superior Court
hearing, that it was the noteholder for our client's mortgage, which
showed an assignment to Crestar and not Sun Trust. Incredibly
enough, at the earlier Superior Ct hearing, Sun Trust's counsel had
no idea that Crestar had been merged with Sun Trust. With his
Rule 60 motion, Sun Trust's counsel was presenting the court with
the articles of merger for Crestar and Sun Trust and requesting that
the foreclosure be allowed since Sun Trust was, as the owner of
Crestar, in fact, the holder of the client's mortgage.] After
diligent research, Ben came to the Rule 60 hearing ready to
dismantle, one by one, each argument offered by opposing counsel to
set aside the dismissal order. It was a difficult hearing,
because Ben's bottom line argument was that opposing
counsel's inexcusable neglect could not afford him the relief he was
seeking and, of course, it is no easy task to criticize the
work of an attorney in open court, particularly when you are not yet
one yourself. Ben handled the task with poise and grace, as I
fully expected he would. He struck a careful and respectful
tone with opposing counsel but, at the same time, made it clear to
the court that we were in the right, legally speaking. The
judge was convinced and, thanks to Ben, our client will
remain in his home! Congratulations, Ben!
[Article submitted by Sharon Dove, managing
attorney,
LANC-Gastonia Office.]
Joseph Chilton (a
MLK summer intern in the
LANC-Hayesville Office and a law student at the
UNC School of Law)
provided timely assistance to
Hinton Rural Life Center under the LANC Rural
Community Development Initiatives grant, by assisting
the new Hinton CEO with employment issues including
wage and hour, OSHA, Fair Labor Standards Act, job descriptions and many
others. In a CAP transfer of assets case, he was successful in
developing a theory upon which Macon DSS reduced the uncompensated
transfer amount by 50% based upon his documentation of recipient's
expenses previously paid by the transferee, and undue hardship
waiver still pending for the remainder. He was extremely
helpful in a retaliatory eviction case which is still pending.
His assistance with the many varied matters which arise in domestic
violence cases is greatly appreciated.
[Article submitted by Kelley Bonfoey, Supervising Attorney,
LANC-Sylva Office.]
LANC-New Bern Office - Domestic Violence & Landlord/Tenant &
Unemployment matters
Troy Reed, a
MLK summer intern in the
LANC-New
Bern Office and a rising 3L law student at the
Charlotte
School of Law,
has had a very busy and productive summer.
He assisted Amber Cronk (staff attorney,
LANC-New
Bern
Office) with
negotiation of a 50B protective order
for
one of our clients and also helped the client get 50C
protection from the abuser's mother and brother. Troy
defended a client in a summary ejectment case in
Carteret County. Troy not only had the action dismissed, his
presentation of the facts caused the magistrate to admonish the
landlord for his bad acts. Troy also successfully tried a
50B case in Beaufort County getting our client all
the relief for which she had asked. Troy also represented a
client at an ESC hearing. Our client had to
leave his job after being diagnosed with kidney cancer. After
surgery, when the doctor cleared him for work, he learned his
employer had replaced him. Our client filed for unemployment
and was denied his benefits. The adjudicator was overturned and our
client was awarded his unemployment benefits.
[Article submitted by David Caddigan, Managing Attorney,
LANC-New
Bern Office.]
Pedra Lee (a
MLK summer intern in the
LANC-Pittsboro
Office and a rising 3L law student at
NC Central University
School of Law) drafted a great Answer with Defenses for
our client in a landlord/tenant case. LANC was representing
a client who was a public housing tenant and was being
evicted from her home in which she had lived since 2004.
The Client was the mother of six minor children and was a victim of
domestic violence, having been assaulted by the father of her two
youngest children. She reported this to her landlord (housing
authority) who then banned the batterer from its complex. The
alleged reason for the eviction was that the Client allowed the
batterer on the premises; this information was provided allegedly
through hearsay and was not witnessed by landlord's agent or
manager. Once we filed the Answer with Defenses with the Court
and served the landlord (housing authority), the landlord
voluntarily dismissed eviction action. Pedra had also
drafted Interrogatories in this case which we did
not use in light of the dismissal. In another matter, Pedra
successfully represented another client (mother of four children)
and obtained full Unemployment Insurance Benefits
for her in the amount of $2,354.00. The
Referee's Decision was not appealed.
[Article submitted by Judith E Washington, Staff Attorney,
LANC-Pittsboro Office.]
7/25/11 - Bonnie Claxton (a
MLK summer intern in
the
LANC-Sylva Office and a rising 3L law student at
William
Mitchell College of
Law in St. Paul, MN) has spent the
summer practicing in the Cherokee tribal court where she
has represented Eastern Cherokee tribal members in tribal
court proceedings involving domestic violence and child
custody issues. Recently in Cherokee tribal court, she obtained an
ex parte custody Order for a former domestic violence victim
whose abuser had just been released from prison and who posed a
threat to the victim. She has successfully negotiated several
consent orders in civil domestic violence cases and
had a hearing and obtained a divorce Order in
Cherokee tribal court. While in Cherokee tribal court this
summer, she has practiced with Rob Saunooke, an enrolled member of
the Eastern Band of Cherokee Indians, who works with the Native
American American Bar Association committee on a national basis and
whom she had first met at a national conference on Federal Indian
Law prior to her summer internship. Recently in state court
she was able to use her Spanish speaking skills in
negotiating a consent order in a domestic violence case in which the
parties were both Hispanic and spoke Spanish. The consent
Domestic Violence Protective Order included
Chapter 50 Custody for our client and transferred title to
a vehicle to our client in court that same day. She has also
assisted the staff attorneys with a variety of other cases,
including investigating several Medicaid In-Home Care for
Adults cases in order to prepare for mediations in which
the clients appealed notices of terminations of their services.
The cases were successful at mediation and one in particular was
successful in that the client's service hours were increased from
what they were before the termination notice. Bonnie is an
enrolled member of the Chickasaw Nation and is the President of the
Native American Law Students' Association at her law school.
She grew up in Cullowhee, NC and hopes to return to North Carolina
after she graduates from law school.
[Article submitted by Kelley Bonfoey, Supervising Attorney,
LANC-Sylva Office.]
Marianella Medelius-Marsano,
a MLK summer
intern in the
LANC-Wilson Office and a rising 3L law
student at
Ohio Northern
University College of Law in
Ada, Ohio)
handled two, in-person appeals
hearings
before the NC Employment Security Commission
(ESC).
Maria interviewed the clients and worked up the case, preparing
direct and cross examination and the closing statement. One
client was fired for allegedly falsifying her time sheet; Maria
successfully demonstrated that our client's error was a simply
timekeeping mistake, not an intentionally false entry. The
other client was fired for excessive absenteeism; Maria successfully
demonstrated that our client always provided proper notification of
an absence and that all of her attendance violations were related to
medical issues. Both clients were awarded full
benefits. On another matter, Maria's provided
research on an issue regarding the dischargeability of a
debt in bankruptcy court. Our client filed a
bankruptcy and among the debts she owes, she seeks to discharge the
unpaid balance on a contract debt owed to a building contractor.
The client stated that the contractor did shoddy work and did not
complete all work; therefore, she did not pay the balance of the
contract. The contractor has filed an objection to discharge,
alleging that our client defrauded him under this contract. issues
included what constitutes breach in performance sufficient to excuse
payment. Maria also assisted in the drafting of the trial
brief on this issue. After the brief was prepared, we received
notice from the bankruptcy court about a recent US Supreme Court
case related to ability to raise state law claims in a bankruptcy
proceeding. Maria and the attorney researched and prepared a
supplemental brief to address the court's inquiry. The trial
is set for late August 2011.
[Article submitted by John Keller, Supervising Attorney,
LANC-Wilson Office.]
The
2011 summer law clerks provided their reflections of their work
experiences in a special edition of the
LANC-Winston-Salem Office's
"LANC News" newsletter, August 2011.
In photo (l-r) Tiffany Tyler (Wake Forest
University School of Law); Crystal Sumner (Elon
University School of Law); Villy Stolper (Wake
Forest University School of Law); Nora Rahimzadeh
(Appalachian School of Law); Rick Kettler
(Charlotte School of Law); Bonnie Ansley (NC
Central University School of Law); and Tina Flowers
(Wake Forest
University School of Law).
[Click
here
to view the August 2010 edition of
"LANC-News" LANC-Winston-Salem Office (Special Edition,
Reflections of 2011 Summer Law Interns).]
_____
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