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

North Dakota truck stop objects to federal allowance for debit-card processing fees

North Dakota truck stop objects to federal allowance for debit-card processing fees

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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 Administrative Procedure Act is a federal law that governs the procedures by which federal agencies propose and issue regulations. The APA gives anyone who is injured by an agency’s action the right to go to court to challenge the action, but plaintiffs must file their challenges “within six years … 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