Denied Benefits Claim Trumps State Immunity: Court

Law360, New York (May 3, 2007, 12:00 AM EDT) -- A proposed class of thousands of temporary workers employed by North Carolina for more than one year does have the right to sue the state government for unpaid benefits, a state appeals court has ruled.

The North Carolina Court of Appeals on Tuesday overturned a trial court’s ruling that dismissed the case, based on the state’s claim that it had sovereign immunity and could not be sued.

“Because sovereign immunity does not preclude claims under the state constitution and for breach of contract, we reverse the...
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