business, construction, construction defect, court, N.C., N.C. Court of Appeals, N.C. Law, NC, Negligence, sovereign immunity
02 Thursday Sep 2010
01 Wednesday Sep 2010
Posted Insurance, Insurance Coverage, NC Lawin
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.
25 Wednesday Aug 2010
Posted Insurance, NC Law, Negligencein
The new Comparative Negligence Bill Expected to Reform NC Contributory Negligence Law will have to wait until next year. The third version of the bill was sent to the Judiciary Committee on May 19, 2001 but failed to be heard during this year’s legislative session.
10 Tuesday Aug 2010
Posted Insurance Coveragein
The parent company of Presbyterian’s health care network has sued insurer Aetna – alleging unfair competition, defamation and the misuse of trade secrets – escalating tensions between the two as they seek to negotiate a new contract.
The suit, filed in Mecklenburg Superior Court, comes a few weeks after Aetna announced it would end its contract with Novant Health on July 1 if the groups don’t reach an agreement on how much the insurer should reimburse Novant to provide medical services.
That could leave about 125,000 Charlotte-area Aetna customers out of network – and paying more out of pocket – to use Presbyterian Healthcare services. Novant, based in Winston-Salem, operates medical facilities and hospitals, serving more than 5 million people across the Carolinas and Virginia.
via Novant sues Aetna over contract dispute – CharlotteObserver.com.
08 Thursday Jul 2010
Posted NC Lawin
Law, N.C., NC, video poker
06 Tuesday Jul 2010
After a recent win in the U.S. Supreme Court, the SAF (Second Amendment Foundation) is continuing its fight against states that ban citizens from taking guns off of their own premises during a state of emergency.
Under N.C. Gen. Stat. 14-288.7, when a municipality declares a state of emergency in which “public-safety authorities are unable to … afford adequate protection for lives or property it is unlawful for any person to transport or possess off his own premises any dangerous weapon.”
This statute was put to the test in King, N.C., which experienced a snow emergency in February of this year. Many people were surprised to learn that when the local government declares a state of emergency, the N.C. state law automatically goes into effect, which includes the ban on guns.
The SAF filed suit in the U.S. District Court for the Eastern District of North Carolina. The complaint alleges that the ban on guns is unconstitutional.
23 Wednesday Jun 2010
Two IBM executives based in Research Triangle Park are among the defendants named in a federal lawsuit brought by a small Philadelphia-area technology company that claims IBM orchestrated a Ponzi scheme that defrauded the company of more than $12 million.
The suit is seeking more than $100 million from IBM (NYSE: IBM).
King of Prussia, Pa.-based Devon IT filed the suit on June 16 in U.S. District Court for the Eastern District of Pennsylvania. The companies had been working in a partnership developing a system that consisted of IBM blade servers and a desktop device and software developed by Devon.
In the complaint, Devon claims IBM took the money Devon invested in the partnership and used it to boost earnings figures for Big Blue’s Systems and Technology Group. The complaint alleges that IBM continued the scheme by bringing in new partners to invest in projects. Thomas Bradicich and James Gargan, two RTP-based IBM vice presidents, are among the four individual IBM defendants named in the suit. IBM has not yet filed an answer to the complaint.
Devon attorneys told the Philadelphia Inquirer that besides the $12 million the company invested in IBM the company spent another $20 million to support the products that IBM abandoned. Devon says it is seeking triple the damages, as is permitted under federal racketeering laws.
Armonk, N.Y.-based IBM employs about 10,000 in RTP.
Reporter e-mail: firstname.lastname@example.org
via Lawsuit accuses IBM of Ponzi scheme, seeks more than $100M – Triangle Business Journal.