Cal Fire spokesman Jeff La Russo said the combination of rugged terrain in the path of the fire and extreme heat are creating challenges for firefighting crews. He said additional “fire whirls,” could happen again. That could make firefighting efforts more difficult as winds pick up and the fire shifts paths. … [Read more...] about ‘Firenado’ conditions in Carr Fire similar to last year’s deadly North Bay blazes
The Honorable Martin Reidinger, sitting in the United States District Court for the Western District of North Carolina, declined Plaintiff’s invitation to extend the applicability of Cigna v. Amara, 131 S. Ct. 1866 (2011), to ERISA benefit cases. In Esposito v. Wal-Mart Stores, Inc. and Hartford Life and Accident Insurance Company, Plaintiff, who was receiving LTD benefits under Wal-Mart’s employee benefit plan, filed a lawsuit after Hartford, the insurer and claims administrator, terminated further benefits. In Plaintiff’s first two causes of action, he sought recovery of his benefits under ERISA § 502(a)(1)(B). But Plaintiff did not stop there; he added four more causes of action, all premised upon ERISA § 502(a)(3) and sounding in equity, including reformation, equitable estoppel and restitution. These claims were based, in part, upon alleged representations by Hartford to Plaintiff during its administrative review of … [Read more...] about North Carolina District Court in Fourth Circuit Rejects Extension of Amara-like Remedies to Benefit Cases
A member of any board exercising quasi-judicial functions pursuant to this Article shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. … [Read more...] about North Carolina Court of Appeals Affirms Local Government Board’s Recusal of One of Its Own Members In Quasi-Judicial Proceeding
FERC reached a settlement with NAPP in October 2010. As a result of the Office of Enforcement’s investigation and the settlement, FERC directed NAPP to (a) pay a civil penalty of $500,000; (b) disgorge $2,258,127, plus interest, in unjust profits; and (c) undertake a compliance program that provides semiannual reports to the Office of Enforcement for two years. … [Read more...] about FERC Approves Settlement Resolving Electric Power Market Manipulation Investigation into North America Power Partners Officer
Judge Gale's narrow interpretation of "loss" under the CFAA was based on Nexans Wires S.A. v. Sark-USA, Inc. 319 F. Supp. 2d 468, 475 (S.D.N.Y. 2004), aff’d, 166 F. App’x 559 (2d Cir. 2006), which contains a pretty thorough discussion of the point. … [Read more...] about North Carolina Business Court: What Is Intrusion Into Seclusion?