Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...Read More »
Even though petitioner was entitled to a different type of Medicaid benefit after he left the hospital than he had received before he went into the hospital, he remained “Categorically Needy” in terms of Medicaid eligibility. The superior court had ...Read More »
In upholding the granting of summary judgment to the North Carolina Department of Transportation and the Federal Highway Administration, the court rejected claims by Outer Banks residents that the agencies violated federal laws in approving the Pamlico Sound Bridge. Background ...Read More »
The district court properly dismissed a suit brought by nursing homes on behalf of individual residents challenging Medicaid decisions made by Maryland state agencies because the relief they sought was barred by the Eleventh Amendment. Background Several nursing homes, on ...Read More »
Administrative – Dry Needling – Physical Therapy & Acupuncture Boards – Declaratory Ruling Where the North Carolina Board of Physical Therapy Examiners applied its experience and expertise in construing its enabling statute and rules adopted by the board to determine ...Read More »
The Army Corps of Engineers lacked the authority to alter a special condition imposed by West Virginia regarding the construction and operation of a natural gas pipeline. And because West Virginia did not follow the mandated notice-and-comment procedures in waiving ...Read More »
The Court of Federal Claims, and not federal district court, has jurisdiction over an employee health plan’s suit seeking a refund under the Affordable Care Act. Background The Electrical Welfare Trust Fund is a self-administered, self-insured employee health and welfare ...Read More »
Administrative – Professional License – Disciplinary Sanctions – Censure – Psychologist – Custody Matter
Although the plaintiff-psychologist told a father that it would take her four to six months to complete a custody evaluation, it took her two years to produce the report. After considering testimony about father’s attorney’s inability to contact plaintiff for ...Read More »
In 2015, petitioner, a Vermont funeral director, was denied a reciprocal license here in North Carolina because Vermont’s licensing requirements were not substantially similar to North Carolina’s. Since petitioner did not appeal the 2015 ruling, he may not collaterally attack ...
Tagged with: Prior RulingRead More »
Even though the respondent-board lacked the authority to discipline petitioner for his inspection of a swimming pool heater, G.S. § 6-19.1 does not authorize an award of attorney’s fees resulting from a disciplinary action by a licensing board. We reverse ...
Tagged with: attorney's feesRead More »