Does an Umpire Have Immunity From Suit? Is an Appraisal an Arbitration in North Carolina?

The greater the appraisal award is, the greater frequency that the insurance company will flip out and blame somebody or something for causing a large appraisal award. This is the situation in a North Carolina case where the insurance company has sued the umpire.  

In response, the umpire has claimed he cannot be sued because he has immunity as an arbitrator. The umpire, Lewis O’Leary, is very experienced in appraisals. He was noted in “How Late Can Late Notice of … Read the rest

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … Read the rest

Two petitions from North Carolina seek to resolve pay and benefits for public employees

Two petitions from North Carolina seek to resolve pay and benefits for public employees

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

This week, we highlight cert petitions that ask the court to consider, among other things, whether two groups of North Carolina employees were denied pay or benefits by the state in violation of a federal employment law and the Constitution.

Emergency Medical Services employees in Cleveland County, North Carolina, work … Read the rest

Justices decline to reinstate GOP-backed congressional voting maps in North Carolina, Pennsylvania

Justices decline to reinstate GOP-backed congressional voting maps in North Carolina, Pennsylvania

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The Supreme Court on Monday refused to block orders by courts in North Carolina and Pennsylvania that threw out the congressional maps enacted by the states’ Republican legislatures and replaced them with maps drawn by the trial courts. The justices’ rulings mean that the states’ 2022 congressional elections will go ahead using the court-drawn maps.

But although the justices declined to intervene now, four justices signaled that they believe the court should soon take up the theory at the … Read the rest

Court will consider effort by North Carolina legislators to intervene to defend state voter-ID law

Court will consider effort by North Carolina legislators to intervene to defend state voter-ID law

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In a surprise pre-Thanksgiving order, the Supreme Court on Wednesday added one new case to its merits docket for the 2021-22 term. In Berger v. North Carolina State Conference of the NAACP, the justices will weigh in on an effort by Republican legislators in the state to intervene to defend the state’s voter-ID law.

The North Carolina chapter of the NAACP, along with several local chapters of the group, filed a lawsuit alleging that the law violates the … Read the rest