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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.
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.
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Where plaintiffs’ state and local government disability retirement benefits did not vest before the General Assembly repealed the exemption of retired […]
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[...]
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 […[...]
Top Legal News
- Hunter Biden pleads not guilty to gun charges
- Details emerge on Trump era executions
- US court in Virginia resolves NC insurance case
- Post on X leads to lawsuit against Musk
- Two more bills draw vetoes by Cooper
- Police chief who led newspaper raid resigns
- May trial date set for indicted senator
- Insurance appeal dismissed after intervening settlement
- Supreme Court opens new term today
- Judge blocks 2 provisions in NC abortion law
- Connecticut tightens laws on gun control
- Garland says he’d resign if asked to target Trump
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
