LAKE v. STATE HEALTH PLAN FOR TEACHERS

No. COA17-1280.

825 S.E.2d 645 (2019)

I. Beverly LAKE, John B. Lewis, Jr., Everette M. Latta, Porter L. McAteer, Elizabeth S. McAteer, Robert C. Hanes, Blair J. Carpenter, Marilyn L. Futrelle, Franklin E. Davis, the Estate of James D. Wilson, Benjamin E. Fountain, Jr., Faye Iris Y. Fisher, Steve Fred Blanton, Herbert W. Cooper, Robert C. Hayes, Jr., Stephen B. Jones, Marcellus Buchanan, David B. Barnes, Barbara J. Currie, Connie Savell, Robert B. Kaiser, Joan Atwell, Alice P. Nobles, Bruce B. Jarvis, Roxanna J. Evans, and Jean C. Narron, and all others similarly situated, Plaintiffs, v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, a corporation, formerly Known as the North Carolina Teachers and State Employees' Comprehensive Major Medical Plan, Teachers' and State Employees' Retirement System of North Carolina, a corporation, Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate, Dale R. Folwell, in his official capacity as Treasurer of the State of North Carolina, and the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

Filed: March 5, 2019.


Attorney(s) appearing for the Case

Gray, Layton, Kersh, Solomon, Furr & Smith, P.A., by Michael L. Carpenter , Gastonia, Christopher M. Welchel , Marcus R. Carpenter , Gastonia, and Marshall P. Walker ; Tin, Fulton, Walker & Owen, PLLC, Charlotte, by Sam McGee ; and The Law Office of James Scott Farrin, Charlotte; by Gary W. Jackson , for plaintiff-appellees.

Attorney General Joshua H. Stein , by Solicitor General Matthew W. Sawchak , Deputy Solicitor General Ryan Y. Park , Special Deputy Attorney General Marc Bernstein , Special Deputy Attorney General Joseph A. Newsome , and Assistant Solicitor General Kenzie M. Rakes , for defendant-appellants.


Defendants appeal from an order granting Plaintiffs' motion for partial summary judgment and entry of judgment for liability and permanent injunction in favor of Plaintiffs. The judgment: (1) ordered Defendants to provide premium-free 80/20 "Enhanced" or Base Medicare Advantage Plan health...

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