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Tag Archives: subject-matter jurisdiction

Civil Practice – Subject Matter Jurisdiction – Indian Tribe Member – Contract – Personal Jurisdiction – Usury – Preliminary Injunction (access required)

State ex rel. Cooper v. Western Sky Financial, LLC (Lawyers Weekly No. 15-15-0855, 38 pp.) (Gregory McGuire, J.) 2015 NCBC 84 Holding: Defendant Western Sky Financial, LLC’s loan contract is binding as soon as the borrower signs it, so when ...

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Labor & Employment – Public Employees – Breach of Contract Claim – Sovereign Immunity – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies (access required)

Martinez v. University of North Carolina The complaint alleged that (1) “plaintiff contracted with defendant to receive, upon his return to a full time tenured faculty position, a salary commensurate with salaries paid to other senior tenured faculty members who have retreated from an administrative position” and (2) “defendant breached its contract with plaintiff by failing and refusing to pay plaintiff, upon his return to his full time tenured faculty position, a salary commensurate with comparable salaries of senior faculty….” When viewed as admitted, these allegations state a valid claim for breach of contract. Thus, the trial court erred in dismissing plaintiff’s complaint pursuant to N.C. R. Civ. P. 12(b)(6).

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Criminal Practice – Subject Matter Jurisdiction – Indictment – Sex Offender Registration – Registration Requirement (access required)

State v. Barnett The indictment against defendant describes an offense applicable only to registered sex offenders but fails to allege facts indicating that defendant is “a person required to register.” The general reference to defendant’s violation of G.S. § 14-208.9, which consists of multiple subsections and describes multiple offenses in addition to the offense for which defendant was charged, is insufficient to cure this defect. The indictment failed to allege all the essential elements of the offense, rendering the indictment facially defective and depriving the trial court of jurisdiction to adjudicate the charge.

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Domestic Relations – Civil Practice – Subject Matter Jurisdiction — Equitable Distribution – Military Pension – CRSC Election – First Impression (access required)

Hillard v. Hillard After an equitable distribution order awarded the defendant-wife half of the plaintiff-husband’s military pension, the husband unilaterally elected to receive combat-related special compensation (CRSC) instead of his pension. Although federal law preempts state law with regard to CRSC and such payments cannot be classified as marital property subject to equitable distribution, CRSC may be treated as a distributional factor in a property settlement. The trial court had subject matter jurisdiction over the wife’s motion to modify the equitable distribution order.

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Civil Practice – Subject Matter Jurisdiction – Case or Controversy – First Impression — Public Utilities – Cable TV – Municipal — Pole Attachment Rates (access required)

Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis Since the defendant-town has merely proposed a pole-attachment rate to which the plaintiff-cable television provider objects, there is no controversy for the court to adjudicate.

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Civil Practice – Subject Matter Jurisdiction – Domestic Relations – Equitable Distribution – Corporate – Stock Redemption Agreement – Tort/Negligence (access required)

Whitworth v. Estate of Whitworth Even though plaintiff’s equitable distribution action is no longer pending, her claims that rest on allegations of intrinsic fraud must be brought in district court; however, her claims of breach of fiduciary duty, constructive fraud, and RICO violations against her daughter-in-law and the estate of her late son may be brought in superior court.

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Domestic Relations – Separation Agreement & Property Settlement – Equitable Distribution Waiver – Civil Practice – Subject Matter Jurisdiction – Consent Order (access required)

Begley v. Begley In their separation agreement and property settlement (agreement), the parties waived their right to equitable distribution. Nevertheless, they later agreed to a consent order that altered their property rights; in effect, they rescinded the agreement. Therefore, the trial court had jurisdiction to rule on their property rights.

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Administrative – Civil Practice – Subject Matter Jurisdiction – Contested Case – Filing Fee (access required)

Scott v. North Carolina Department of Crime Control & Public Safety The plain language of the Administrative Procedure Act indicates that the 30-day time limit set out in G.S. § 126-38 only applies to the filing of a contested-case petition and not to the payment of the filing fee. Therefore, the superior court erred when it dismissed this case for lack of subject matter jurisdiction based on plaintiff’s failure to pay the filing fee when he filed his petition.

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