Beiler v. GC Services L.P. (Lawyers Weekly No. 14-03-1021, 12 pp.) (Thomas Schroeder, J.) 1:13-cv-00869; M.D.N.C. Holding: Construing a statute is squarely within the expertise of an Article III court; therefore, the court declines to refer this matter to the ...Read More »
Cumberland County Hospital System, Inc. v. NC Department of Health & Human Services (Lawyers Weekly No. 14-07-1025, 19 pp.) (Sanford Steelman Jr., J.) Appealed from the Department of Health & Human Services. N.C. App. Holding: Even though G.S. § 131E-188(a) ...Read More »
Surgical Care Affiliates, LLC v. NC Department of Health & Human Services (Lawyers Weekly No. 14-16-0998, 26 pp.) (Rick Elmore, J.) Appealed from the Office of Administrative Hearings. N.C. App. Unpub. Holding: Although the respondent-agency’s denial of petitioner’s certificate of ...Read More »
Jabez Home Infusion Co. Services v. N.C. Department of Health & Human Services (Lawyers Weekly No. 14-09-0994, 16 pp.) (Craig Croom, ALJ) 13 DHR 15135 Holding: Section 4.1 of Medicaid Policy 3H-1 clearly says that home infusion therapy services are ...Read More »
Administrative — Medicaid – Disability Determination – Physicians’ Opinions – Residual Functional Capacity
Tester v. North Carolina Department of Health & Human Resources (Lawyers Weekly No. 14-16-1000, 22 pp.) (Martha Geer, J.) Appealed from Watauga County Superior Court (Joseph Crosswhite, J.) N.C. App. Unpub. Holding: Even though two of petitioner’s physicians said that ...Read More »
Administrative — Licenses & Permits – Private Investigator – Labor & Employment – Apparent Authority
Graves v. N.C. Private Protective Services Board (Lawyers Weekly No. 14-09-0993, 7 pp.) (Donald Overby, ALJ) 14 DOJ 02248 Holding: After petitioner spoke on the phone with a client, but while petitioner was out of the office, petitioner’s unlicensed brother ...Read More »
Kindsgrab v. North Carolina Board of Barber Examiners (Lawyers Weekly No. 14-07-0938, 20 pp.) (Douglas McCullough, J.) Appealed from Wake County Superior Court (Howard Manning Jr., J.) N.C. App. Holding: Although the respondent-board has the authority to seek an injunction ...Read More »
Reid v. Commissioner of Social Security (Lawyers Weekly No. 14-01-0910, 12 pp.) (Niemeyer, J.) No. 13-1480, July 2, 2014, Amended Sept. 16, 2014; USDC at Greenville, S.C. (Cain, J.) 4th Cir. Holding: Although a claimant with ongoing treatment for spinal ...Read More »
Ray v. Vilsack (Lawyers Weekly No. 14-02-0720, 22 pp.) (Terrence W. Boyle, J.) 5:12-cv-00212; E.D.N.C. Holding: The consent decision filed previously in this case adequately protects the plaintiffs’ objectives. Jambbas’ license has been suspended and it cannot reactivate the ...
Tagged with: Animal Welfare ActRead More »
Sammy’s Auto Sales, Inc. v. Robertson (Lawyers Weekly No. 14-16-0591, 20 pp.) (Sam Ervin IV, J.) Appealed from Robeson County Superior Court (Thomas Lock, J.) N.C. App. Unpub. Holding: There was substantial evidence that petitioners intentionally substituted a clean emissions ...
Tagged with: Substantial EvidenceRead More »