Recent Cases from the Court of Appeals That May be Of Interest
On Tuesday, January 7, 2020, the Court of Appeals issued a large number of opinions, including several that may be of interest to administrative law practitioners. Opinions discussing the Rules of Civil Procedure and Rules of Evidence are included because of their potential usefulness in OAH cases. Myers v. Myers, although a family law case, will be of interest on several issues. Summaries are taken directly from the Court’s website, with a few notes added (they’re in complete sentences).
Akshar Distribution Co. v. Smoky’s Mart, Inc. Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied
The Court affirms the Industrial Commission’s dismissal of the Tort Claims Act case as outside the statute of limitations, finding that the statute was not tolled while the plaintiff exhausted administrative remedies.
State of NC [DEQ] v. Wasco, LLC res judicata; law of the case; impossibility of compliance with injunction; failure to join necessary party; untimely appeal from motion for reconsideration
https://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-01-08 14:56:572020-01-09 09:30:46Recent Cases from the Court of Appeals That May be Of Interest