Gallivan White & Boyd PA

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(704) 552-1712Visit WebsiteMap & Directions6805 Morrison BlvdCharlotte, NC 28211 Write a Review

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Mon - Fri:	8:00 am - 5:00 pm

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Payment method: discover, master card, visa, amex
Location: One Morrocroft Centre
Neighborhood: Foxcroft
Other Link: http://www.gwblawfirm.com
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Phone: (704) 552-1712

Address: 6805 Morrison Blvd, Charlotte, NC 28211

Website: http://www.gwblawfirm.com

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Gallivan White & Boyd PA

Adoption
Premarital Agreement
Liar Liar. Fletcher’s son cast a spell on him, prohibiting him from lying just before Fletcher was to represent a client in her divorce hearing. He knew his client was having an affair, which would trigger a clause in her prenuptial agreement prohibiting her from receiving any of her husband’s multi-million-dollar estate. The spell prevented Fletcher from examining her or the paramour without disclosing the affair. (Ignore for a moment that he was perfectly willing to allow his client to lie on the stand — arguably, he never “faced” that issue). At one point he objected to certain testimony, the judge asked why, and Fletcher responded, “Because it’s devastating to my case!” But his best effort was at getting a continuance until after the spell was broken, which he could not truthfully tell the judge he needed. To get the continuance without lying, he went into the bathroom and beat himself up. When the judge asked who had done it, Fletcher replied, “A madman, your honor, a desperate fool at the end of his rope.” Nevertheless, the ploy failed. The best part was watching Fletcher struggle to find an honest, truthful path to victory in the case. Ultimately, he discovered that his client had lied about her age in order to get married early, a revelation that also voided her prenuptial agreement for incapacity and entitled her to half of her husband’s estate despite the infidelity.

Criminal Defense
NF: The DA had a difficult task ahead of him, trying to prosecute a mob boss under these circumstances. What does the film say about kind of a job of a prosecutor in criminal matters?
Wrongful Death
Daniels was an action for wrongful death brought by the personal representative of a machinist who worked at a manufacturing facility. Among other things, the employee was responsible for cleaning machinery, and his preferred cleaning agent seems to have been gasoline. On the day of his death, the hero of our story went into a small, 8×10 foot room to clean a piece of machinery. As it turned out, in the same room, there was a gas-powered heater fed by a pilot light. What happened next was presumably an explosion of Wile E. Coyote proportions.
Sex Crimes
In 2007, Spin Master Ltd. recalled more than four million Aqua Dots toys in the United States after discovering the product’s Chinese manufacturer mistakenly substituted 1,4 butanediol for the adhesive 1,5 pentanediol. When ingested, 1,4 butanediol metabolizes into gamma-hydrobutyric acid (GHB), otherwise known as the date rape drug. Reportedly, two children in the U.S. and three children in Australia were hospitalized after ingesting the product. We are guessing this is not what Wal-Mart had in mind when it deemed the product one of its “ Top 12 Toys of Christmas.”
Fraud
The DRI’s Products Liability Committee will host a business meeting and substantive CLE program, which is scheduled for Friday, October 28th, from 8:30 a.m. – 10:30 a.m. The CLE will address strategies for handling the defense of aggregate consumer fraud claims, particularly the requirement that each plaintiff establish individual causation, a traditional rule that some courts have not applied in such suits. Our own Stephanie Flynn, as the Annual Meeting Liason for the Toxic Torts & Environmental Law Committee (TTEL) will cover the business meeting and introduce the CLE presentations given by the TTEL. Alas, the TTEL is scheduled at the very same time as the Products Liability Committee’s presentations, so Stephanie won’t be able to make it to both. Other blockbuster presentations include such topics as the over-criminalization of business conduct by the government (something felt broadly across the business spectrum and in a wide array of industries), technological changes in jury trials in the 21st century; and, most intriguing, the implications of genetic mapping to determine individual susceptibilities of exposure to products or toxic substances. These events will be followed by multiple networking opportunities, including a networking reception at the Newseum, the world’s most interactive museum!
Drug Crimes
Doctor of the dangers involved with their product rather than warn the patient directly.” (emphasis added). The decision also cites the rule of thumb regarding experts in drug cases like this one – “in cases of pharmaceuticals, since the warning is directed to physicians, only they or someone with similar expertise concerning pharmaceuticals would be qualified to determine whether or not the warning was adequate” (internal quotations and citations omitted).
Murder
According to Kristine Kirk’s 911 call, the shooting happened after Richard burst into their home ranting about the end of the world. Thereafter, he laid on the floor and asked for someone to kill him. Richard then retrieved a pistol and shot Kristine. Richard has been charged with first-degree murder. He initially pleaded not guilty, but has since changed his plea to not guilty by reason of insanity.
Homicide
L.A. Times, a new suit has been filed accusing marijuana of being the culprit for a homicide. In the first wrongful-death suit against a recreational marijuana company, the children of Kristine Kirk, murdered by her husband, Richard Kirk, back on April 14, 2014, have filed suit against Gaia’s Garden, LLC, claiming that the company’s Kandy Orange Ginger chew candy triggered the shooting. The plaintiffs allege that Gaia’s failed to warn customer that marijuana edibles could lead to paranoia, psychosis and hallucinations.
Kidnapping
Nimoy. That December, the first Christmas tree was placed at the construction site that would later become Rockefeller Center. The Lindbergh kidnapping was a year in the future, and the attack on Pearl Harbor – precipitating the country’s entry into World War II – was a full decade away.
Manslaughter
Recently, a lawsuit was filed in California against Apple because a Texas man was using FaceTime on his iPhone 6 Plus while driving when he rear-ended a vehicle in December 2014 and killed a 5-year old girl. The driver admitted using FaceTime and later found himself indicted by a grand jury on a manslaughter charge. As for Apple’s responsibility, the family alleges that the company “failed to install and implement the safer, alternative design... to ‘lock out’ the ability of drivers to utilize the ‘FaceTime’ application on the Apple iPhone while driving a motor vehicle.” Moreover, Apple allegedly “failed to warn its users that its product was likely to be dangerous when used or misused in a reasonably foreseeable manner.”
Prostitution
None of which came out of Nevada, which of course has legalized gambling and prostitution. How, if at all, this would affect the usefulness of “proximity to temptation” as an affirmative defense, who knows? But I thought it was an interesting bit of trivia.

Business and Corporate Law

Business Disputes
With a 60-year heritage, Gallivan, White, & Boyd, P.A. is one of the Southeast’s leading litigation and business law firms. GWB's products liability team has extensive experience in defending a wide variety of products liability claims, including mass tort and catastrophic loss claims, as well as conducting accident investigations and providing strategic advocacy services to our clients. Gallivan, White & Boyd, P.A. has offices in Greenville, S.C., Charleston, S.C., Columbia, S.C., and Charlotte, N.C.
Trade Secrets
Intellectual Property
Antitrust

Wrongful Termination
Almost immediately after his firing, Frost retained an attorney and filed a lawsuit alleging wrongful termination in violation of public policy, intentional infliction of emotional distress, and the novel alienation of reputation cause of action (based on Frost’s belief that the paper’s characterizations of his actions had made him “seem uncool,” thereby depriving him of the benefits of his carefully constructed facade.). For its part, the defendant answered, asserting various affirmative defenses, but relying principally on the notion that Frost’s retweet was, in fact, an endorsement and inconsistent with the paper’s editorial philosophy. The parties submitted cross motions for summary judgment and a hearing was held early last week. (When asked about the great speed of this litigation, which went from the filing of a petition all the way to a summary judgment hearing in a matter of weeks, both parties replied that celerity was necessary to resolve the dispute before coverage of the twentieth anniversary of the death of Kurt Cobain could begin.).
Employment Contract
Yesterday, a federal jury in Houston, Texas rejected Plaintiff Jamie Leigh Jones ‘ claims against Halliburton subsidiary KBR that she was raped and fraudulently induced into entering into an employment contract with the company.
Employment Litigation
JIM DEDMAN: Generally, from the perspective of an in-house counsel, how has the rise of social media changed employment litigation?
Sexual Harassment
The Paper with Ron Howard before, where I played a reporter. But it was my first really large role, and I loved the subject matter because, at the time, it was a big hoo ha that sexual harassment had not been addressed in film. And then that it should be addressed with the man that is a victim caused an interesting stir. But, just that the topic was so – everyone on the set was so impassioned by this topic. It was also a time, when, you know, computers and how they were used in offices, and the mixture of a computer and send[ing] messages in code. It was very exciting. The whole concept of the sexual harassment; and, I think some people were like, “Oh I didn’t even realize man could be sexually harassed, even if he is the boss.” I think it addressed lots of elements that were surprising

Premises Liability
Property Damage
While texting, emailing, or talking on a cell phone can be dangerous, so too is eating, smoking, changing the channel on the satellite radio, or just “rubbernecking.” Some years ago, I defended a garbage truck driver who was distracted while drinking a 16-ounce bottle of Mountain Dew. The result? He ran right into the back of another truck! Nobody got hurt, but the owner of the other truck filed a lawsuit for their property damage. We lost.

Personal Injury
I’ve always wondered why it was that the plaintiff’s lawyer in that case made that decision to attend his client’s deposition by telephone. From my perspective, it makes no sense. First, and foremost, a personal injury plaintiff is typically an unsophisticated litigant; he or she has usually never brought a suit before. He or she is generally unfamiliar with the litigation process. Accordingly, I suspect that most of them would be somewhat nervous prior to something like a deposition. So, it would make sense that his or her attorney would be present in the room to defend the deposition and to assuage any concerns that the client might have about the process.
Medical Malpractice
Fisher v. Pelstring, et al., No. 4:09-cv-00252, 2011 WL 4552464 (D.S.C. Sept. 30, 2011), the court considered the case of William Fisher, who was diagnosed with a neurological condition after taking the generic version of a prescription drug used to treat acid reflux that was manufactured by a company called PLIVA. Mr. Fisher and his wife brought medical malpractice causes of action against the doctor who prescribed the drug, as well as products liability causes of action against Pliva and two makers of the prescription brand of the drug, including strict liability, breach of express warranty, negligent misrepresentation, breach of undertaking special duty, fraud and misrepresentation, and constructive fraud.
Auto Accidents

Trusts and Estates

Estate Planning
Everyone knows that Estate Planning Attorneys in Atlanta – Oren Ross & Associates LLC, the plaintiff’s attorneys and defense lawyers think differently, both in the way that they litigate cases but also in the manner in which they approach the handling of those cases. Further, both sides operate on dissimilar economic models, and accordingly, that distinction affects the manner in which they pursue their claims of defenses. This is also why the two different sides of the bar do not always see eye to eye.

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