Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: statutory amendment

Tort/Negligence – STCA – Public Duty Doctrine – Statutory Amendment – Clarification – Retroactive Application (access required)

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.

Read More »

Labor & Employment – Public Employees – Disability Retirement Benefits – Statutory Amendment – Vesting – Notice (access required)

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.

Read More »

Labor & Employment – Public Employees – Retirement – Taxation – Statutory Amendment (access required)

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 ...

Read More »

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

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 support from January through July 2009 although he had some money to provide child support. These findings support the trial court’s November 2010 conclusion that respondent willfully abandoned the children for more than six months preceding the filing of the petition to terminate his parental rights. We affirm the trial court’s order terminating respondent’s parental rights.

Read More »