Shipman & Wright Attorneys Gary Shipman and Matthew Buckmiller Recognized as 2010 North Carolina Super Lawyers Magazine

I would like to take this opportunity to recognize an accomplishment of two of our attorneys at Shipman & Wright, LLP.

For the sixth year in a row our head attorney, Gary K. Shipman, was voted as a 2010 North Carolina Super Lawyer.  Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. 

Also honored in the 2010 edition of Super Lawyers is attorney Matthew W. Buckmiller.  Matt is listed as one of the 2010 North Carolina Rising Stars.  The Super Lawyers Rising Star category is to recognize the top up-and-coming attorneys in the state -- those who are 40 years old or younger, or who have been practicing for 10 years or less. 

When I asked Matt about his first appearance in Super Lawyers he said  “It’s an honor to be selected as one of the best attorneys in the State of North Carolina and that recognition would not have possible but for the patience of my fiancé and the hardworkers at Shipman & Wright."

Gary and Matt have been featured in articles published in the 2010 edition of the magazine. Follow the links below to view the articles.  We are very excited about the continued success of our attorneys at Shipman & Wright. Congratulations!

Gary K. Shipman

online at

visit superlawyers.com

Matthew W. Buckmiller

online at

visit superlawyers.com

SC v. NC – Water Dispute presently in US Supreme Court

With the exponential growth seen in Charlotte, NC and surrounding cities, demand for clean water is rapidly exceeding available supply. The main issue in question is from which location will these extra resources be extracted and at what cost?

 

In 2007, SC Attorney, Henry McMaster, filed suit against NC regarding water rights of the Catawba and Yadkin River basins. The city of Charlotte, NC is permitted to withdraw 33 million gallons of water per day from these basins. Moreover, SC was not prompted to file suit until the NC Environmental Panel granted two Charlotte suburbs, Concord and Kannapolis, permission to withdraw 10 million gallons of water daily from the Catawba River. SC argues that an additional 10 million gallons of extracted water will result in diminished resources downstream; the state seeks an equitable division of water from these sources.

 

McMaster suggested that NC Attorney General, Roy Cooper, participate in closed-door negotiations with SC regarding this matter, but Cooper insisted that public involvement is necessary in solving this issue. Both states have agreed that this suit would be best settled out of court, and have appointed a bi-state commission, the Catawba-Wateree River Basin Advisory Committee, to help resolve the dispute.

 

SC insisted the water resources be divided equally between the two states, and then among third parties in NC; however, the US Supreme Court ruled that third parties, Duke Energy and Catawba River Water Supply Project, be participants in the suit. This suit is ongoing, and the outcome will undoubtedly have impacts on future rulings over interstate water conflicts. 

Written by: Brittney Edwards ( Shipman & Wright, LLP Intern)

Wilmington Attorney Gary Shipman Featured in Lawyers Weekly for Top 25

Wednesday, January 27, 2010

ARTICLE OF THE WEEK

Top 25 largest verdicts and settlements reported to Lawyers Weekly in 2009
Here is the list we have compiled of the 25 largest verdicts and settlements reported to North Carolina Lawyers Weekly in 2009.

#17     

$3.1 million
Premises liability - The plaintiff was visiting a home owned by the defendants during Memorial Day weekend in 2007. While on the deck of the home, a railing surrounding the deck gave way, causing the plaintiff to fall from the deck and break his neck, rendering him a quadriplegic.

The case was settled at mediation for the sum of $3.1 million.

SUMMARY
Type of action: Premises liability
Injuries alleged: Broken neck and quadriplegia
Case name: Confidential
Case number: Confidential
Court: U.S. District Court for the Eastern District of North Carolina
Verdict or settlement: Settlement (mediated)
Date: October 2009
Amount: $3.1 million
Insurers: Confidential
Plaintiff's attorneys: Gary K. Shipman of Shipman & Wright (Wilmington); Michael E. Spears (Spartanburg, S.C.)

Click here for the Full Story - FREE

Post-Surgical Pain Pumps Linked to Cartilage Loss in Young Athletes

The athletic careers of many high school and college students have come to an abrupt end due to a condition known as Chondrolysis. Chondrolysis is the deterioration or death of cartilage in the joint. When the cartilage dies, there is no cushion in the bone and the sufferer is left with bone grinding on bone. This is a painful and debilitating condition that forces many sufferers to endure full joint replacements, and multiple replacements depending on their age.

When Chondrolysis was first reported in orthopedic journals, no one had an explanation for why so many relatively young patients were developing this rare condition. But now several studies have pointed the finger at pain pumps placed after surgery.

These pumps were placed in the joint to deliver pain medicine after surgery. Pain pumps are placed to deliver local anesthetics to a specific area through a plastic tube. Placing the pump to deliver medicine directly into the joint was thought to be a more effective and efficient delivery system, providing faster and greater pain relief for shoulder, knee and other joint surgery patients. Unfortunately, the manufacturers did not test this new delivery method before convincing surgeons of its great benefits. Despite warnings from the FDA that testing would be needed before this new delivery system could be marketed, the manufacturers did not do any meaningful studies and chose to use the American population as guinea pigs.

Now many people, particularly younger patients, are paying a painful price. The reason that so many young people are affected is that the pain pump was thought to be a safer alternative than pain pills. Since many pain medicines are highly addictive and the pain pump delivers medicine in a controlled manner, the pump became the method of choice for post-surgical pain relief. Little did these once vibrant athletes know that these pain pumps would completely change and ruin their lives.

Now juries must decide whether the manufacturers should have done more. Over 150 lawsuits have been filed thus far. One jury in Oregon recently awarded over $5.5 million to a father of four who now cannot pick up his baby or shake someone’s hand because a pain pump destroyed his shoulder joint. I hope the juries keep getting this one right.

Medical Device Firm Ordered to Pay for Shoulder Injury

A California-based medical device company was negligent for urging doctors to use a pain pump in an unapproved and unsafe manner among patients recovering from shoulder surgery, an Oregon jury has found. In the lawsuit, Matthew Beale claimed that use of the pump, manufactured by I-Flow Corp., destroyed cartilage in his shoulder and left him disabled. Jurors ordered I-Flow to pay $4.75 million in combined damages to Beale and his wife. Helen Jung, The Oregonian 01/22/2010



Read Article: The Oregonian

Consumers Beware of Counterfit and Potentially Harmful version of Alli

This week, the FDA is warning consumers about a counterfeit and potentially harmful version of Alli 60 mg capsules (120 count refill kit). Tests conducted by GlaxoSmithKline (GSK) found that the counterfeit version is lacking orlisat, the active ingredient in Alli. Additionally, the counterfeit contains sibutramine. Sibutramine is a drug that should not be taken without physician oversight and can harmfully conflict with other medications.

For more information and the FDA news release, please visit:

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm197857.htm

BPA- Hazardous Chemical Found in Baby Products

The Seattle Times urged Washington lawmakers to take action against bisphenol A (BPA) related products marketed for children. BPA can have hazardous health affects and can be found in products from baby bottles to drinking cups and plastic tableware. Because of the lack of oversight and accountability, children safety is at risk. Last week, the FDA realized the risk and released a statement in favor of stopping the production of BPA-containing baby bottles and infant-feeding cups.


For additional information regarding BPA, check out the January 2010 update from the FDA:
http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm064437.htm

The Seattle Times article can be found here:
http://seattletimes.nwsource.com/html/editorials/2010835196_edit20chem.html?syndication=rss

Shipman & Wright is asking for Witnesses to the Fatal Car Crash that Killed a Beloved Pender High Teacher

Shipman & Wright has been retained to represent the Estate of a dear wife and mother who lost her life on Dec. 17, 2009. If you traveled Hwy 117 near Wilmington Auto Salvage at approx. 5:15 pm on 12/17/09 it is imperative we speak with you. If you have any information regarding this accident please immediately contact Shipman & Wright, attorney James Moore jmoore@shipmanlaw.com , paralegal Andrea Townsend atownsend@shipmanlaw.com or call our office at (910) 762-1990. Your memories could help a grieving family put this tragic loss behind them.



To see full coverage on this story go to StarNews Online


Related Links:
http://www.starnewsonline.com/article/20091217/ARTICLES/912179973?Title=Pender-High-teacher-killed-when-SUV-hits-construction-metal-on-N-College

http://www.starnewsonline.com/article/20091218/ARTICLES/912189962

http://www.wwaytv3.com/pender_county_teacher_involved_fatal_car_wreck/12/2009

Kraft Foods Decides to Purchase Cadbury Chocolate for a Sweet Price of $19.5 billion

On February 2nd shareholders of Cadbury Chocolate - the two-hundred year old British Company - decide whether they continue to hold stock in Cadbury after Kraft Foods purchases it. Kraft, has sold cheese in America since the early 1900’s and now employs “98,000 people and owns 168 manufacturing and processing facilities worldwide.”


The purchase of Cadbury by Kraft, both believe will increase benefits by shareholders. Stocks were up 3.5% on Tuesday. Still, there are doubts about the merging of these two tycoons, and that is United Kingdom jobs. According to the article “Cadbury agrees Kraft takeover bid” from BBC news, unions, among others, are concerned over Kraft costing UK jobs and Kraft has not ruled out these types of cost-cutting measures.


Outsourcing has come under serious scrutiny in the US over the past couple years, and it is obvious that we may not be the only ones feeling a burden of sorts. The reality, however, may be that jobs are outsourced, but the people working under heinous conditions is now very limited, especially after the Nike and Starbucks scandals. Maybe these guys have learned their lessons?


An article was used from http://news.bbc.co.uk/2/hi/business/8467007.stm “Cadbury agrees Kraft takeover bid.” Accessed 19 January 2009.

The CPSC Recalls 1.5 Million Strollers Made by Graco Children's Products

Wednesday morning the Consumer Product Safety Commission announced a recall on strollers made by Graco Children’s Products. They were made in China and sold at Babies “R” Us, Toys “R” Us, Kmart, Fred Meyer, Sears, Target, Walmart and other retailers. The recalled strollers are Graco’s Passage, Alano and Spree strollers and travel systems, about 1.5 million strollers made by Graco are assumed to have this defect.

Triggering the recall, Graco received seven reports of children being injured when their fingers got caught in canopy hinge as it was being opened or closed. Five of those seven reports were of children losing their fingertips.

Graco made two styles of hinges for the strollers. The recall is on the plastic, jointed hinges with indented notches for positioning the canopy. The recalled strollers were manufactured between October 2004 and February 2008. The date and model number can be located on the lower inside portion of the rear frame. A complete list of the model numbers of recalled strollers and travel systems, visit the CPSC’s Web site.

Anyone with a recalled stroller should not continue with use and contact Graco at 800-354-4109 to receive a free protective cover repair kit. https://www.cpsc.gov/cgibin/incident.aspx.

25 Days and Counting- Vote Now for Wilmington Attorney Gary Shipman

Dancing With The Wilmington Stars Seahawk Style

Let the countdown begin! With only 29 days left until the big night, it is a race to see which couple can get the most votes.

Voting for your favorite couple will include a $10 donation. This donation will directly support student athlete scholarships. As a UNCW alumnus, Gary Shipman finds the support of our student athletes to be very important. To ensure the continued success of our local athletes, every year Gary endows a scholarship for student athletes. Student athletes have always played an important role in our community. Dancing with the Wilmington Stars Seahawk Style is one way our community can support these student athletes as they continue their leadership and excellence on and off the field. 

Gary and Mary Jo have been working hard and are ready to put on a good show for everyone in attendance on Friday, February 12th.

 

Go online and VOTE for Gary & Mary Jo Shipman www.uncwsports.com/dancing

 

If you would like to submit your vote by mail, include the following information and make checks payable to the Seahawk Club.

Vote For Gary & Mary Jo Shipman

• # Votes
• Amount Enclosed
• Name
• Address

 Mail to:

Seahawk Club

601 S. College Rd.

Wilmington, NC 28403

 

For more information, call 910.962.2687

 

 

 

Contact the Cape Fear Red Cross and Join Forces to Help Those in Haiti

The images are hard to escape, the world watches in horror as the people in Haiti continue to suffer. Just three days after the earthquake the death toll is already expected to be in the tens if not hundreds of thousands.  It is estimated that this disaster has affected three million Haitians.  Countless stories from all over the world continue to surface of lost and missing loved ones. International rescue efforts are underway to try and provide some kind of relief. 

The international Red Cross has said that a third of Haiti’s 9 million people may need emergency assistance and at this point it is a race against time.  Even though the images provide little hope, your efforts can and will make a difference. There are many ways to contribute and take action for those in Haiti however make sure that you are donating to a credible organization.  The Cape Fear Chapter of the American Red Cross is accepting financial donations for the Haiti earthquake.  Please contact your local Red Cross to contribute.  Remember to keep the people of Haiti in your thoughts through this time of devastation.  

cnn.com/impact

Consumer Product Safety Commission Recalls Portable Dehumidifiers

The CPSC issued a recall on all dehumidifiers by the company LG Electronics Tianjin Appliance. If you own this particular product you and your family may be at risk. This product is a fire and burn hazard. To see full details of this product recall visit http://www.cpsc.gov/cpscpub/prerel/prhtml10/10096.html . The CPSC ask that if you are a consumer of this product and have suffered due to this product defect please contact them to report the incident.

Federal Case Opened On the Inspection and Purchase of Eastbrook Apartments

As the Eastbrook saga continues, The Office of Inspector General of the U.S. Department of Housing is now involved. The Housing Authority purchased Eastbrook apartments in 2005 for $2.8 million. Several months after the purchase it was discovered, there were major structural and environmental problems. In 2007, it was mandatory for all tenants to move out and the Housing Authority hasn’t received rental income since.


The Housing Authority’s loss of income has prompted them to sue Sparks Engineering, the company of Wilmington City Councilman Ron Sparks, which noted structural problems during their inspection of Eastbrook but recommended the Housing Authority purchase it from Walmark LLC anyway. A trial in the Sparks case is set for April 12.


http://www.starnewsonline.com/article/20100107/articles/100109776

Shipman & Wright, attorney Gary Shipman Sits Down With Local News Station WWAY

Attorney, Gary Shipman sits down with WWAY reporter, Ann McAdams as they discuss the possible solutions for the use of Eastbrook apartments and the legal matters surrounding the issue.  The interview was conducted yesterday morning at the office of Shipman & Wright, L.L.P.

Wilmington Attorney Gary Shipman Speaks Out On Eastbrook Apartments

Earlier today, WWAY News Channel 3 reporter, Ann McAdams interviewed Wilmington attorney Gary Shipman about the developing story about the local apartment complex Eastbrook apartments.  

Due to mold and other health risks, Eastbrook apartments are now sitting empty. Having explored all options the bottom line is, to fix the problem it would cost much more than what it is worth.  The Wilmington Housing Authority is now interested in the alternative option, which is turning it into a senior center.  

The interview will air on WWAY tonight at 6pm.  Tune in to hear Mr. Shipman further expand on the topic of Eastbrook apartments.

www.wwaytv3.com

Local Hookah Bar Finds Loop Hole In State Wide Ban On Smoking

A popular, local Hookah Bar the Juggling Gypsy in downtown Wilmington, found a way around the ban on smoking. In the law it states that actors can smoke on film sets, and that was the only loop hole this particular establishment needed.

The Juggling Gypse, whose customers are mostly regulars anyway, have decided to turn their bar into a set and have all of the customers be the actors.  All customers, new and old will have to sign a waiver when entering the bar. The owners have mounted a video camera behind the bar that will live stream all bar activity on-line where anyone is able to watch the new Juggling Gypse reality show during their hours of operation.

Thinking outside of the box has paid off for this Hookah Bar and it will be intresting to see how many others will follow in their footsteps. With this solution, it seems as if everyone wins. Stop by the Juggling Gypse and maybe you can become a reality star too!

Two thumbs up for their creativity. Where there is a will, there is a way.

http://www.jugglinggypsy.com/

With The New Year of 2010; North Carolina Brings In New Laws

As of January 2, 2010 there is another new law in North Carolina that bans smoking in nearly all restaurants and bars. Exempted from the no-smoking restrictions are private clubs and cigar bars.
With local news stations interviewing people on the new smoking law, the overall reaction of the people seemed to be positive. However; for the few Hookah Bar owners around town, they feel that this new law is unfair to their business. Hookah Bars are establishments that offer all different types of flavored tobacco for their customer’s enjoyment. The only people who enter their bar are those that want to partake in the Hookah experience. Owners argue that they too should be exempt from this law along with the private clubs and cigar bars.
With the texting law (that I still feel strongly about changing to ALL cell phone use) that North Carolina passed and now the ban on smoking, it seems as if NC is taking a step in the right direction to a healthier and safer state in 2010. And for all of those smokers who year after year try to quite smoking, 2010 may just be the year. The ban on smoking will help all of those who made their New Years Resolution to quit, especially with this record low cold weather, who wants to stand outside just to take a few puffs.


Let us know how you feel about this topic.  We care!

Wilmington Attorney Gary Shipman to Dance With The Wilmington Stars "Seahawk Style"

Shipman and Wright attorney, Gary Shipman will be putting on his dancing shoes to participate in the University of North Carolina Wilmington’s fundraiser to benefit student-athlete scholarships. Gary Shipman and his dancing partner(and wife), Mary Jo Shipman have been practicing hard to be ready for the rapidly approaching Dancing with the Wilmington Stars “Seahawk Style” contest that will take place on February 12, 2010 at the Hilton Riverside Hotel in downtown Wilmington.



You can go to www.uncwsports.com/dancing to visit the site directly or you can access it through http://www.uncwsports.com/ and click on the Dancing with the Stars Logo on the column to the right. The website will allow for people to go on-line and vote for your favorite star couple (Ahemmm The Shipman’s) and to get more details about the event.

Visit the website and vote now to support Team Shipman!  Remember: this is for a great cause, a fundraiser that will benefit our local student athletes!