Dickenson-Russell Coal Co. LLC v. Secretary of Labor (Lawyers Weekly No. 14-01-0309, 21 pp.) (Traxler, J.) No. 13-1374, March 27, 2014; On Petition for Review; 4th Cir. Holding: Dickenson Coal Company was not relieved of its regulatory obligation to report ...Read More »
Administrative – Unauthorized Practice of Law – Injunction – Prepaid Legal Service Plans – Online Legal Document Preparation – Website – Exhaustion of Administrative Remedies – Equal Protection – Commercial Disparagement – Monopoly – More Developed Record
LegalZoom.com, Inc. v. The North Carolina State Bar (Lawyers Weekly No. 14-15-0281, 26 pp.) (James L. Gale, J.) 2014 NCBC 9 Holding: Plaintiff, LegalZoom.com, Inc., has failed to exhaust its administrative remedies. Accordingly, its motion for partial judgment on the ...Read More »
Administrative – Licenses & Permits – Driver’s License Revocation – Criminal Practice – DWI – Trooper’s Name
Thompson v. Conti (Lawyers Weekly No. 14-16-0222, 11 pp.) (Linda McGee, J.) Appealed from Halifax County Superior Court (Alma Hinton, J.) N.C. App. Unpub. Holding: Even though the record indicates a discrepancy between the names of the arresting officer (Tare ...
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In re Suttles Surveying, P.A. (Lawyers Weekly No. 14-06-0214, 1 p.) (Per Curiam) Appealed from Burke County Superior Court (Nathaniel Poovey, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: Discretionary review was improvidently allowed where ...
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Federal Trade Commission v. Ross (Lawyers Weekly No. 14-01-0208, 18 pp.) (Davis, J.) No. 12-2340, Feb. 25, 2014; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: The 4th Circuit upholds a decision by the Federal Trade Commission that defendant ...
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St. Mary’s Home Care Services, Inc. v. North Carolina Division of Medical Assistance (Lawyers Weekly No. 14-09-0185, 28 pp.) (Beecher Gray, ALJ) 10DHR08206, 11DHR10487 & 12DHR12145 Holding: Where part of the respondent-agency’s basis for finding Medicaid overpayment was the petitioner-provider’s ...
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Administrative – Declaratory Ruling Request – Denial Upheld – Ongoing Litigation – Unclaimed Property Act
Equity Solutions of the Carolinas, Inc. v. North Carolina Department of State Treasurer (Lawyers Weekly No. 14-07-0149, 24 pp.) (Martha Geer, J.) Appealed from Wake County Superior Court (W. Osmond Smith III, J.) N.C. App. Holding: Knowing that it was ...Read More »
N.C. Utilities Comm’n v. FERC (Lawyers Weekly No. 14-01-0089, 27 pp.) (Duncan, J.) No. 12-1881, Jan. 24, 2014; On Petition for Review; 4th Cir. Holding: The North Carolina Utilities Commission loses its challenge to incentives granted by the Federal Energy Regulatory Commission to ...
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Genesis Project 1 Inc. v. N.C. Department of Health & Human Services, Division of Medical Assistance (Lawyers Weekly No. 14-09-0073, 5 pp.) (Donald W. Overby, ALJ) 13DHR17094; OAH Holding: The respondent-agency validly delegated its authority to the respondent-contractor to establish ...Read More »
Corr v. Metropolitan Washington Airports Authority (Lawyers Weekly No. 14-01-0071, 17 pp.) (Duncan, J.) No. 13-1076, Jan. 21, 2014; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: Tolls charged for passage on the Dulles Toll Road leading into Northern ...Read More »