Ojebuoboh v. Sebelius The plaintiff-doctor did not raise the issue of which set of Medicare Guidelines (the 1995 version or the 1997 version) applied until his motion for reconsideration before the Medicare Appeals Council (MAC). Accordingly, the MAC’s adoption of the independent reviewer’s decision to use the 1997 guidelines was not arbitrary, capricious, or an abuse of discretion.
State v. Pope Even if the initial investigation into defendant’s activities was motivated by local politics, once it was turned over to the SBI to investigate and the district attorney - a state officer, not an agent of the local government - to prosecute, the case was no longer subject to the control of the local government.
Regale, Inc. v. Thee Dollhouse Productions N.C., Inc. (Lawyers Weekly No. 11-02-0092, 16 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: The court cannot find that an arbitration panel manifestly disregarded the law or that its award failed to draw its essence from the parties’ agreement. The court cannot find that the arbitrators manifestly disregarded the [...]
Robinson v. Bridgestone. For injuries to which G.S. 1-50(6) is applicable, the plaintiff must prove the condition precedent that the cause of action is brought no more than six years after the date of initial purchase of the product for use or . . .
NRC Golf Course, LLC v. JMR Golf, LLC. The parties' option agreement included as its price term only "fair market value at exercise date validated by an independent third-party appraisal." This option lacks a sufficient method by which to . . .
Marsh v. Union County Board of Adjustment. (Lawyers Weekly No. 10-16-0647, 5 pp.) (Barbara Jackson, J.), Appealed from Union County Superior Court. (Gary Evan Trawick, J.) N.C. App. Unpub. Holding: When a farmer who had a special-use permit to hold rodeos on his property held more events than the permit allowed and failed to add [...]
Shupe v. City of Charlotte Plaintiff's compensable knee injury required surgery, but, in order to undergo surgery, she would have needed to stop chemotherapy for her unrelated cancer.