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Top NC court rules against DHHS, Duke in Wake County CON dispute

The North Carolina Supreme Court has upheld a lower court ruling against the Department of Health and Human Services and Duke Health in a Wake County certificate-of-need dispute. The court clarified that an applicant who loses a CON to a competitor has suffered “substantial prejudice,” one of the factors necessary for a successful court challenge.

CJ Staff

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DOT seeks to revisit firing that prompted recent NC deference ruling

The North Carolina Department of Transportation is asking the state’s second-highest court to allow the department to revisit its 2019 dismissal of employee Thurman Savage. A court filing Tuesday indicates that Savage opposes DOT’s plan. Savage’s case prompted a recent state Supreme Court ruling gutting agency deference in North Carolina courts.

CJ Staff
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DHHS opposes plea for top NC court to define ‘substantial prejudice’ in CON cases

The North Carolina Department of Health and Human Services is asking the state’s highest court to reject a Virginia-based health care provider’s appeal in a certificate-of-need dispute. The appeal asks for a legal definition of the term “substantial prejudice.”

CJ Staff
News

Top NC court asked to define ‘substantial prejudice’ in CON disputes

A Virginia-based health care provider is asking North Carolina’s highest court to clarify rules surrounding disputes over the Tar Heel State’s certificate-of-need law. A petition Monday asks the court to clarify the meaning of “substantial prejudice.”

CJ Staff
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NC Supreme Court rules against former trooper in ‘good moral character’ case

The North Carolina Supreme Court has reversed lower court decisions and ruled against a former state trooper seeking to be recertified as a law enforcement officer in the state. A state commission had determined that plaintiff Maurice Devalle lacked “good moral character.”

CJ Staff