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Tag Archives: government

Thirteen file for N.C. Court of Appeals – Elections – NewsObserver.com

09 Thursday Sep 2010

Posted by McIlveen Family Law Firm in NC Court of Appeals, News

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Bev Perdue, government, N.C. Court of Appeals, Rick Elmore

Thirteen candidates filed to run for one judgeship vacated recently by Judge Jim Wynn before a one-week filing period ended late Tuesday afternoon. Five signed up on the final day.

The candidates include Cressie Thigpen, whom Gov. Bev Perdue chose to replace Wynn through December, former Court of Appeals Judge Doug McCullough and former state Labor Commissioner Harry Payne.

The number of candidates means voters must use instant runoff voting to choose a winner on Nov. 2. The voters rank their top three candidates in order of preference. Second-place votes are counted if no one gets a majority of first-place votes.

via Thirteen file for N.C. Court of Appeals – Elections – NewsObserver

In the other three contested Court of Appeals races, Anne Marie Calabria is running against Wake County District Judge Jane Gray to hold onto her seat, and incumbent Martha A. Geer faces a challenge from Dean R. Poirier, an appeals referee with the N.C. Employment Security Commission. Steven Walker, a legal clerk at the N.C. Supreme Court, is challenging Court of Appeals Judge Rick Elmore. Judge Sanford A. Steelman Jr. is unopposed.

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No Waiver of Sovereign Immunity

01 Wednesday Sep 2010

Posted by McIlveen Family Law Firm in Insurance, Insurance Coverage, NC Law

≈ 2 Comments

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exclusionary, government, Insurance, lawsuit, N.C., NC, sovereign immunity, waiver

The doctrine of sovereign immunity normally bars complaints against sheriffs deputies sued in their official capacity. A county

may waive sovereign immunity by purchasing liability insurance but only to the extent that coverage is provided. In N.C. a government entity can purchase liability insurance without waiving sovereign immunity. In Owen v. Haywood County, (2010) the N.C. Court of Appeals reviewed the exclusionary provision within the insurance policy, which stated that the insurance did not provide coverage to any claim where the covered person was entitled to sovereign immunity, and concluded that this particular language meant that Haywood County did not intend to waive its sovereign immunity.

Related Articles
  • A Lawsuit Lesson on Sovereign Immunity (reamy.typepad.com)
  • Oral arguments set in Leach suit vs. Texas Tech (cbssports.com)

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