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statutory amendment

Jun 15, 2012

Tort/Negligence – STCA – Public Duty Doctrine – Statutory Amendment – Clarification – Retroactive Application

Ray v. North Carolina Department of Transportation When the General Assembly amended the State Tort Claims Act in 2008, the legislature clarified the STCA by limiting the public duty doctrine as a defense. Therefore, the amendment applies to plaintiffs’ claims that arose in 2002 and were pending when the amendment was passed.

Mar 28, 2012

Labor & Employment – Public Employees – Disability Retirement Benefits – Statutory Amendment – Vesting – Notice

Wood v. Teachers’ & State Employees’ Retirement System Plaintiff had not yet been working – and contributing to the Teachers’ and State Employees’ Retirement System (TSERS) – for five years the first time the General Assembly amended the statute dealing with disability retirement benefits; therefore, plaintiff’s rights in the original benefit plan had not vested.

Feb 28, 2012

Labor & Employment – Public Employees – Retirement – Taxation – Statutory Amendment

Pendergraph v. North Carolina Department of Revenue (Lawyers Weekly No. 12-16-0233, 6 pp.) (John C. Martin, Ch.J.) Appealed from Wake County Superior Court. (John R. Jolly Jr., J.) N.C. App. Unpub. Full-text opinion. Holding: Where plaintiffs’ state and local government disability retirement benefits did not vest before the General Assembly repealed the exemption of retired […]

Aug 4, 2011

Domestic Relations – Parent & Child – Termination of Parental Rights – Willful Abandonment – Best Interests – Statutory Amendment

In re C.I.M. Based on the testimony of a DSS social worker and the respondent-father’s own testimony, the trial court found that respondent had failed to attend child and family team meetings or to assist in the development of a case plan; that he had not visited with his children since 2009; that he had not communicated with the children since 2009; and that he failed to pay child supp[...]

Jul 12, 2010

Administrative – CON – Doctors’ Office – Linear Accelerator & CT Scanner – Construction Costs – Statutory Amendment – Vested Rights

Mission Hospitals, Inc. v. North Carolina Department of Health & Human Services. (Lawyers Weekly No. 10-07-0608, 42 pp.) (Linda Stephens, J.) Appealed from the N.C. Dept of Health & Human Services. N.C. App. Holding: In determining the costs of the respondent-intervenor’s new linear accelerator and CT scanner, the respondent-agency correctly considered only those items that […[...]

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