Legal Opinion · Concurring in part, dissenting in part
E.M.A. Ex Rel. Plyler v. Cansler
Court of Appeals for the Fourth Circuit
Decided March 22, 2012No. 10-1865Published
1Concurring in part, dissenting in partAgee, Circuit Judge
I join the majority opinion except for Section IV(A) (and related references), which concludes that the relevant North Carolina Medicaid statutes, N.C. Gen.Stat. § 108A-59(a) (“the assignment statute”) and N.C. Gen.Stat. § 108A-57(a) (“the subrogation statute”) abrogate the common law of North Carolina under which a minor has no cause of action for recovery of medical expenses incurred during minority. Accordingly, I respectfully dissent from that portion of the majority opinion and write separately because nothing in either the assignment statute or the abrogation statute suggest that the…
2Cases cited18 opinions
- MLC AUTOMOTIVE, LLC v. Town of Southern PinesCourt of Appeals for the Fourth Circuit · 2008
- Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
- McMichael v. ProctorSupreme Court of North Carolina · 1956
- State v. VanceSupreme Court of North Carolina · 1991
- Ellington Ex Rel. Ellington v. BradfordSupreme Court of North Carolina · 1955
13 more not listed; retrieve them via the Exa API.