Abrons Family Practice & Urgent Cart, PA v. North Carolina Department of Health & Human Services (Lawyers Weekly No. 15-15-0642, 25 pp.) (Gregory McGuire, J.) 2015 NCBC 60 Holding: The remittance statements received by medical providers explaining the outcome of ...

Tagged with: Administrative Remedies Medicaid

Harvey v. Burlington Coat Factory (Lawyers Weekly No. 15-03-0495, 9 pp.) (Loretta Biggs, J.) 1:13-cv-01107; M.D.N.C. Holding: Plaintiff’s EEOC charge focuses solely on her reduced hours and termination, which are not reasonably related to the failure-to-accommodate claim asserted in this ...

Tagged with: Administrative Remedies

Brooks v. Coble Settlement (Lawyers Weekly No. 15-03-0234, 10 pp.) (James Beaty, J.) 1:14-cv-00280; M.D.N.C. Holding: Plaintiff’s complaint does not allege that she exhausted her administrative remedies against defendant Nursefinders, and the EEOC right-to-sue letter attached to her complaint does ...

Tagged with: Administrative Remedies EEOC charge

United States v. Appelbaum (Lawyers Weekly No. 14-04-0933, 15 pp.) (Richard Voorhees, J.) 5:12-cv-00186; W.D.N.C. Holding: In this action to collect withholding taxes from a corporation’s responsible party, defendant counterclaims that the Internal Revenue Service damaged him by failing to ...

Tagged with: Administrative Remedies

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 ...

Tagged with: Administrative Remedies

Hedgepeth v. Winston-Salem State University Where plaintiff used the defendant-university’s campus grievance process but failed to either file a petition for judicial review or to demonstrate that an exhaustion of her university administrative remedies would provide inadequate relief, plaintiff failed to exhaust her administrative remedies prior to filing her complaint against defendants.

Tagged with: Administrative Remedies

Philips v. Pitt County Memorial Hospital Inc. The statutes of limitations that apply to the plaintiff-doctor’s tort claims against the defendant-hospital and his fellow physicians were not tolled by administrative proceedings within the hospital because, in his tort action, plaintiff seeks monetary damages, which were not available in the hospital’s administrative proceedings.

Tagged with: Administrative Remedies defamation Tort/Negligence

Sydnor v. Fairfax County, Va. A public health nurse who said her employer violated the Americans with Disabilities Act by not allowing her to use a wheelchair for her restrictions after foot surgery gets another chance to try her case, as the 4th Circuit says the district court erred in saying she had not exhausted her administrative remedies by mentioning light duty work but not a wheelchair in her EEOC complaint.

Tagged with: Administrative Remedies Disability Discrimination Labor & Employment

White v. Trew Where the complaint only seeks damages from the defendant himself, defendant is being sued in his individual capacity; therefore, he is not entitled to sovereign immunity. We affirm the trial court’s denial of defendant’s motion to dismiss.

Tagged with: Administrative Remedies defamation individual capacity Tort/Negligence

Brown v. North Carolina Department of Environment & Natural Resources Where G.S. § 113-56.1 confers rights to overtime compensation on state foresters, the state has waived its sovereign immunity as to a lawsuit by state foresters to recover such compensation. We reverse the trial court's dismissal of plaintiffs' claim for overtime compensation.

Tagged with: Administrative Remedies FLSA Public Employees sovereign immunity