Court of Appeals Cases of Interest This Week

This week, the Court of Appeals offered two opinions of interest to administrative law practitioners.

Powell v. Cartret, July 20, 2021, Court of Appeals, COA20-406 (Judge Allegra Collins), Published.

Error to subject records under N.C. Gen. Stat. 58-10-430 to subpoena; no error to subject records under N.C. Gen. Stat. 58-30-62 to subpoena.

Although on its face, it appears to relate solely to the insurance statutes, some of the language has potential for broader application. The court bases its decision in part on the lack of specific language requiring that the requested records be provided on order of a court with jurisdiction.

Wynn v. Frederick, July 20, 2021, Court of Appeals, COA20-472 (Judge Fred Gore), Published.

Sovereign immunity, judicial immunity, and interlocutory appeal

Finds sovereign immunity is waived with regard to magistrates because they are “other officials” under the law in question, and, that judicial immunity is inapplicable.