A business owner from North Carolina can move forward with his lawsuit seeking a 10-year-old federal tax refund. The 4th U.S. Circuit Court of Appeals rejected government objections Friday and ruled that the case of Stephen Pond v. United States can proceed. At the same time, the court ruled that Pond cannot rely on a “common-law mailbox rule” to boost his case.
Twenty-one state attorneys general have asked the 4th U.S. Circuit Court of Appeals to accept a friend-of-the-court brief supporting N.C. State Treasurer Dale Folwell and the State Health Plan. Folwell and the health plan are defendants in a case involving transgender health care. Participating states include three of North Carolina’s four neighbors.
The 4th U.S. Circuit Court of Appeals has tossed out a requirement that a felon from North Carolina should undergo warrantless computer searches after serving a prison sentence on gun charges. Appellate judges agreed Wednesday that the trial judge did not explain why defendant Roger Bryant Locklear should face the computer searches during his post-release supervision.
A current controversy in the nation's capital reminds this observer of North Carolina's latest Leandro education funding fight.
The N.C. Farm Bureau Federation detailed concerns in a court filing Monday about a “sue-and-settle” scheme that could have influenced new state animal waste regulations. The N.C. Court of Appeals is scheduled to address the Farm Bureau’s complaint in the coming months.
U.S. Solicitor General Elizabeth Prelogar recommends that the U.S. Supreme Court reject a case involving a disputed skirt requirement for girls attending a charter school in Brunswick County. Prelogar agrees with a 10-6 majority on the 4th U.S. Circuit Court of Appeals that Charter Day School is a “state actor” in the context of the disputed requirement.
Republican U.S. Sen. Ted Budd said he intends to serve in Congress with the spirit of North Carolina’s motto, “Esse Quam Videri” – “To Be Rather Than to Seem,” as he gave his maiden speech on the Senate floor Wednesday.
North Carolina’s solicitor general is urging the nation’s highest court to reject a case challenging the state Revenue Department’s assessment of sales tax on out-of-state transactions. The U.S. Supreme Court will decide in the coming weeks whether to take the case titled Quad Graphics v. N.C. Department of Revenue.
The 4th U.S. Circuit Court of Appeals has ruled that a company linked to a fatal 2020 paper mill fire in Canton can proceed with its lawsuit against two top N.C. Labor Department officials. The company contends that the officials violated federal law when assessing penalties of more than $100,000.
Now more than 50 years old, the federal Clean Water Act deserves a fresh look. That was the message U.S. Rep. David Rouzer delivered as he chaired a congressional hearing on the topic Tuesday.
The U.S. Supreme Court could decide soon whether to take N.C. cases dealing with sales taxes and DWI prosecutions.
