Baxter v. Nicholson, Inc.

ROBERT BAXTER, Employee, Plaintiff v. DANNY NICHOLSON, INC., Employer, SELF-INSURED (KEY RISK MANAGEMENT SERVICES, servicing Agent, Defendant

Case Status

Current Status: Closed
Date Filed: Jun 17th, 2008
Last Action: Mar 12th, 2010
Court Filed In: N.C. Court of Appeals

Case Summary

NCICL Executive Director Bob Orr and Senior Staff Attorney Jeanette Doran filed a friend of the court brief today at the North Carolina Supreme Court in Baxter v. Nicholson, Inc., a case addressing the authority of certain government officers whose terms have expired.  NCICL has urged the Supreme Court to affirm the June 2008 decision of the Court of Appeals that a decision made by a three member panel of the Industrial Commission was not valid because one member of the panel had no authority as a Commission member once his replacement was appointed and that appointment was made the same day the panel released its decision.  As argued in NCICL’s brief, appointments to elected office take effect when the appointment is made and, pursuant to the State Constitution, no additional qualifications for appointed office must be satisfied. Moreover, taking the oath of office is a prerequisite for carrying on the duties of elected and appointed offices but is not a “qualification” for office under the North Carolina State Constitution.


Documents Filed

Document Title Date Filed Court Download
Opinion 03/12/2010 N.C. Supreme Court PDF 1.1MB
Plaintiff-Appellant’s Reply Brief to Amicus Brief of NCICL 12/21/2009 N.C. Supreme Court PDF 623KB
Amicus Curiae Brief 12/08/2009 N.C. Supreme Court PDF 745KB
Order Allowing Leave to File Brief as Amicus 11/30/2009 N.C. Supreme Court PDF 45KB
Motion for Leave to File Brief as Amicus Curiae 11/24/2009 N.C. Supreme Court PDF 297KB
Court of Appeals Decision 06/17/2008 N.C. Court of Appeals PDF 66KB