Tag Archives: sovereign immunity

Civil Practice – Sovereign Immunity – State Agencies – Administrative – Exhaustion Requirement – Dry Needling (access required)

North Carolina Acupuncture Licensing Board v. North Carolina Board of Physical Therapy Examiners (Lawyers Weekly No. 020-030-16, 18 pp.) (Louis Bledsoe III, J.) 2016 NCBC 31 Holding: Sovereign immunity and the exhaustion-of-remedies defense protect the defendant-board from plaintiff’s claims that ...

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Civil Practice – Comity – Sovereign Immunity – Contract – Declaratory Judgment – First Impression – Standard of Review (access required)

Atlantic Coast Conference v. University of Maryland Because the Maryland defendants’ interest in asserting sovereign immunity is substantial, we will accept jurisdiction over defendants’ appeal of the trial court’s denial of their motion to dismiss. Upon de novo review, we hold that since the public policy of this state does not allow the State of North Carolina to avoid its obligations in contract, we cannot extend comity to defendants’ claim of sovereign immunity.

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