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Administrative — Medicaid Reimbursement – Civil Practice – Subject Matter Jurisdiction – Failure to Exhaust Administrative Remedies
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 […]
Labor & Employment — Disability Discrimination Claim – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies – Failure to Accommodate
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 […]
Labor & Employment — Civil Practice – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies – Title VII – EEOC Charge
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, […]
Taxation — Withholding – Responsible Party – Counterclaims & Defenses
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 […]
Administrative – Medicaid Contractor – Delegation of Authority – Local Review Procedure
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 […]
Labor & Employment – Public Employees – Administrative Remedies – Exhaustion Requirement – Civil Practice – Subject Matter Jurisdiction
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 defendant[...]
Tort/Negligence – Defamation – Tortious Interference with Contract – Physician – Hospital Privileges – 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.
Labor & Employment – Disability Discrimination – Administrative Remedies – Exhaustion – Wheelchair
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 wheelc[...]
Tort/Negligence – Defamation – Libel – Sovereign Immunity – Individual Capacity – Administrative Remedies – Intra-office Communication
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.
Labor & Employment – Public Employees – Sovereign Immunity – Employment Contracts – ‘Professional’ – FLSA – Overtime – Administrative Remedies
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.
Taxation – Real Property – Ad Valorem Taxes – Tax Assessor – Unfinished Development – Administrative Remedies – Subject-Matter Jurisdiction
The Villages at Red Bridge, LLC v. Weisner. A taxpayer who disagreed with a tax assessor's valuation decisions and who failed to exhaust administrative remedies prescribed by statute cannot bypass the same . . .
Labor & Employment – ERISA – Administrative Remedies – Newly Created – Exhaustion Defense
King v. United Way of Central Carolinas, Inc. (Lawyers Weekly No. 10-04-0939, 11 pp.) (Martin Reidinger, J.) W.D.N.C. Holding: An ERISA plaintiff is not required to exhaust administrative remedies that […]
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