Baker v. North Carolina Psychology Board (Lawyers Weekly No. 012-111-17, 13 pp.) (Richard Dietz, J.) Appealed from Durham County Superior Court (Orlando Hudson Jr., J.) N.C. App. Unpub. Holding: Where the petitioner-psychologist’s failure to communicate with another professional – an ...

Tagged with: Administrative

Owle v. Solomon (Lawyers Weekly No. 004-010-17, 23 pp.) (Richard Voorhees, J.) 5:16-cv-00025; W.D.N.C. Holding: After defendants moved the plaintiff-prisoner into a cell that lacked an electrical outlet for plugging in his CPAP machine, plaintiff submitted a letter that would ...

Tagged with: Administrative

In re Johnson (Lawyers Weekly No. 020-046-17, 19 pp.) (Gregory McGuire, J.) 2017 NCBC 39 Holding: Even though there are active CPAs on the North Carolina Board of Certified Public Accountant Examiners (the Board), (1) petitioners have not raised federal ...

Tagged with: Administrative

Willie R. Etheridge Seafood Co. v. Pritzker (Lawyers Weekly No. 002-015-16, 20 pp.) (Terrence Boyle, J.) 2:14-cv-00073; E.D.N.C. Holding: The National Marine Fisheries Service’s Amendment 7 to the 2006 Consolidated Highly Migratory Species Fishery Management Plan was designed to protect ...

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State ex rel. McCrory v. Berger (Lawyers Weekly No. 010-006-16, 50 pp.) (Mark Martin, C.J.) (Paul Newby, J., concurring in part & dissenting in part) Appealed from Wake County Superior Court) N.C. S. Ct. Holding: The separation of powers clause ...

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Schermerhorn v. North Carolina State Highway Patrol Even though petitioner served his petition for judicial review on the respondent-agency’s counsel, an assistant attorney general, such service was inadequate to meet G.S. § 150B-46’s requirement that copies of the petition be served “upon all who were parties of record to the administrative proceedings.”

Tagged with: Administrative Civil Practice Service of Process

McCoy v. City of Charlotte A superior court judge is not bound by the ruling of another superior court judge on the question of subject matter jurisdiction.

Tagged with: Administrative appeals Civil Practice Municipal subject-matter jurisdiction

State ex rel. N.C. Department of Environment & Natural Resources v. Pharr The trial court’s findings of fact and conclusions of law make it clear that the Army Corps of Engineers’ issuance of fill permits to the defendant-landowners did not “tip the scale” in favor of the landowners. The trial court gave more weight to the opinions of the landowners’ experts than to the plaintiff-agency’s expert in finding that any occasional flooding of the landowners’ property was due to rain and runoff rather than the tides.

Tagged with: Administrative Environmental Licenses & Permits Real Property

Team Daniel, LLC v. North Carolina Department of Health & Human Services, Division of Medical Assistance 42 C.F.R. § 455.21(a)(1) says Medicaid payments must be suspended during the investigation of a credible allegation of fraud unless good cause is found for not suspending payments or suspending them in part only. The chief of the Division of Medical Assistance Program Integrity Behavioral Health Section testified several times that his section made no effort to consider good cause prior to suspending payments to petitioner, and there is no evidence that anyone else gave any consideration to the regulation’s “good cause” exceptions prior to imposing the suspension.

Tagged with: Administrative Constitutional Due Process Medicaid

Morgan v. Sebelius A physician who obtained hydrocodone samples for his personal use by misleading sales representatives into believing the samples were for patients, and who pleaded guilty to knowingly obtaining a controlled substance by fraud, cannot avoid the ban on participating in the Medicare and Medicaid programs by arguing that the statutory ban under 42 U.S.C. § 1320a-7(a)(3) only applies to “financial misconduct”; the 4th Circuit dismisses the physician’s challenge to application of the ban.

Tagged with: Administrative Medicare