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Tag Archives: Due Process

Labor & Employment – Constitutional – Due Process – Liberty Interest – Termination – Tort/Negligence – Intentional Infliction of Emotional Distress

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 ...

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Taxation – Constitutional – Foreign Trust – N.C. Beneficiaries – Commerce Clause & Due Process – First Impression

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.

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Administrative – Medicaid – Fraud Investigation – Payment Suspension – ‘Good Cause’ Determination – Constitutional – 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.

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Domestic Relations – Equitable Distribution — Pretrial Order – Set Aside Ex Mero Motu – Delay – Constitutional – Due Process

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.

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Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations — Environmental – Adjacent Superfund Site

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.

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Criminal Practice – Habeas Corpus – Constitutional – Due Process – References to Religion – Church-Service Robbery

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.

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Civil Rights – Constitutional – Due Process – Exculpatory Evidence – Withheld by Police – Civil Practice – Statutes of Limitations & Repose – Qualified Immunity –Tort/Negligence – Obstruction of Justice

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.

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