Holder v. Kunath (Lawyers Weekly No. 011-008-16, 9 pp.) (Martha Geer, J.) Appealed from Polk County District Court (Mack Brittain, J.) N.C. App. Holding: An estranged boyfriend and girlfriend filed motions for domestic violence protective orders against each other. Although, ...

Tagged with: Due Process

Bryant v. Village of Bald Head Island (Lawyers Weekly No. 15-02-0806, 12 pp.) (Malcolm Howard, S.J.) 7:14-cv-00223; E.D.N.C. Holding: By publishing allegedly false explanations for firing plaintiff and refusing to give him a hearing to refute the explanations, defendant may ...

Tagged with: Due Process Police Officer

A former football player at Appalachian State University can move forward with parts of his case against the school, a federal judge has ruled. The former student, Lanston Tanyi, claims that the school violated his due process rights after two ...

Tagged with: Due Process Rape

The biological father of a child whose mother never informed him of the pregnancy and listed a false name under the putative father section of the child’s adoption paperwork will not be able to challenge the adoption, the North Carolina ...

Tagged with: adoption Due Process North Carolina Supreme Court

Kimberly Rice Kaestner 1992 Trust v. North Carolina Department of Revenue The court can find no binding case law upholding the constitutionality of G.S. § 105-160.2, so there is at least a colorable argument that North Carolina’s imposition of a tax on a foreign trust based solely on the presence of a beneficiary in the state does not conform to the Due Process Clause, the Commerce Clause, or N.C. Const. art. 1, § 19.

Tagged with: Due Process

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

Plomaritis v. Plomaritis Eighteen months after an equitable distribution trial, and without prior notice to the parties, the trial court, on its own motion, set aside the pretrial order that contained the parties’ detailed stipulations as to marital and divisible property. The trial court abused its discretion.

Tagged with: Constitutional Domestic Relations Due Process equitable distribution

Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for shutting down the salvage business pursuant to a consent order; the 4th Circuit says the owner failed to prove oral contracts under Maryland law.

Tagged with: Due Process Environmental Municipal Zoning

Deyton v. Keller Although the trial judge at defendants’ trial for armed robbery of Sunday worship services at a North Carolina church made references to religion, those references did not violate defendants’ right to due process, as defendants’ choice to target a church during weekly services “imbued their crime with an undeniably religious character”; the 4th Circuit denies defendants’ claim for habeas relief under 28 U.S.C. § 2254.

Tagged with: Constitutional Criminal Practice Due Process habeas corpus

Chapman v. Rhoney Even though North Carolina has a 10-year statute of repose for personal injury claims, the statute of repose does not apply to Reconstruction-Era civil rights claims.

Tagged with: Civil Practice Civil Rights Constitutional Due Process Obstruction of Justice Qualified Immunity Tort/Negligence