Intervention

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An entity can be interested (legally) in the outcome of a lawsuit, or it may simply be interested (in the go-sports-team-from-my-hometown-or-university! sense) in the outcome.  Under a recent Business Court ruling, only the former supports intervention under Rule 24.

Time Warner Entertainment Advance / Newhouse Partnership v. Town of Landis involved access to utility poles, a type of dispute committed to the Business Court under 2009 legislation. The North Carolina Association of Electric Cooperatives ("NCAEC"), an organization of 26 electric membership corporations across North Carolina, sought leave to intervene under Rule 24…

Continue Reading Trade Association May Appear as Amicus, but Can’t Intervene

The Court permitted an insurance carrier, which had reinsured part of the loss suffered by the Plaintiff and which had made payment to the Plaintiff, and which claimed to be subrogated to the rights of the Plaintiff, to intervene in the Plaintiff’s action to recover amounts it had paid paid.  The Court found that intervention was appropriate both as a matter of right, and on a permissive basis.  The intervention was permitted only for the limited purpose of the carrier being permitted to file amicus briefs.

Full Opinion

Brief in…

Continue Reading Harco National Ins. Co. v. Grant Thornton LLP, February 16, 2009 (Tennille)(unpublished)