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Tag Archives: subject-matter jurisdiction

Domestic Relations – Parent & Child – Custody & Support – Civil Practice – Subject Matter Jurisdiction – Pre-Separation – Post-Separation Support (access required)

Baumann-Chacon v. Baumann Even when parents are still living together, the district court has subject matter jurisdiction over one parent's claim for the custody and support of the parties' children. However, the district court does not have subject matter jurisdiction over the plaintiff-wife's claim for post-separation support while the parties were still living together.

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Civil Practice – Subject Matter Jurisdiction – Declaratory Judgment Action – Administrative – Antitrust (access required)

North Carolina State Board of Dental Examiners v. Federal Trade Commission This court lacks jurisdiction to enjoin an ongoing administrative action. The issues that plaintiff attempts to raise before this court must be decided by the Fourth Circuit on appeal from a final agency action, if the administrative action goes against plaintiff.

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Contract – Cognovits Agreement – Subject-Matter Jurisdiction – Full Faith & Credit – Foreign Judgment (access required)

Gardner v. Tallmadge. (Lawyers Weekly 11-06-0358, 1 p.) (Linda Stephens, J.) Appealed from Rockingham County Superior Court. (L. Todd Burke, J.) On appeal from our Court of Appeals. N.C. S. Ct. Click here for the full text of the opinion. ...

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Workers’ Compensation – Subject-Matter Jurisdiction – Sexual Harassment – Parties’ Agreement (access required)

Cagle v. Marriott/Guilford College. (Lawyers Weekly No. 11-08-0307, 5 pp.) (Danny Lee McDonald, Commissioner) Appealed from Opinion & Award of Deputy Commissioner J. Brad Donovan. I.C. No. W07827. Holding: In 1994, based on plaintiff’s claims of sexual harassment, defendant allegedly ...

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Domestic Relations – Civil Practice – Service of Process – Foreign Country – Summons – UCCJEA – The Hague Convention – Personal Jurisdiction – Subject-Matter Jurisdiction (access required)

Hammond v. Hammond. Where the plaintiff-husband translated the summons into Japanese and forwarded a service request to the central authority of Japan within a reasonable time, he made a good-faith . . .

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Workers’ Compensation – Subject-Matter Jurisdiction – Assault by a Co-Worker – Post-Traumatic Stress Disorder (access required)

Moore v. Goodyear Tire & Rubber Co. (Lawyers Weekly No. 11-08-0166, 7 pp.) (Staci Meyer, Commissioner) Appealed from an Opinion & Award by Deputy Commissioner Robert J. Harris. I.C. No. 883266 Holding: A female worker was traumatized after a man ...

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Taxation – Real Property – Ad Valorem Taxes – Tax Assessor – Unfinished Development – Administrative Remedies – Subject-Matter Jurisdiction (access required)

The Villages at Red Bridge, LLC v. Weisner. A taxpayer who disagreed with a tax assessor's valuation decisions and who failed to exhaust administrative remedies prescribed by statute cannot bypass the same . . .

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Iraqi plaintiffs in Blackwater case may get trial in Wake County (access required)

By PAUL THARP, Staff Writer paul.tharp@nc.lawyersweekly.com Foreign plaintiffs suing the N.C.-based company formerly known as Blackwater Security Consulting are prepared to return to Wake County Superior Court after a federal judge remanded the case from the U.S. District Court for ...

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