An attempt by Mission Hospital’s corporate owner to counter a lawsuit filed against it last year by North Carolina Attorney General Josh Stein has been dismissed.
North Carolina Business Court Judge Julianna Theall Earp filed an opinion Dec. 6 dismissing HCA’s counterclaims against Stein, who had sued HCA and its Mission Health system in December 2023. Stein’s lawsuit alleged they had violated the Asset Purchase Agreement (APA) entered into when HCA bought the hospital system in 2019 for $1.5 billion.
Earp’s opinion focused on the argument the attorney general and his team had made that he is shielded from HCA’s counterclaims by a legal concept known as sovereign immunity. News of the dismissal was first reported by the Asheville Citizen Times.
Sovereign immunity is defined as “the state’s immunity from most kinds of lawsuits unless the state consents to be sued,” according to the University of North Carolina School of Government.
“We are confident that Mission has fulfilled its obligations under the Asset Purchase Agreement, and we intend to defend the lawsuit filed by the Attorney General aggressively,” Mission Health spokesperson Nancy Lindell said Tuesday. “Unfortunately, the lawsuit continues to be a distraction from the important work that Mission continues to do in Western North Carolina.”
The attorney general’s office did not immediately respond to Asheville Watchdog’s request for comment.
Stein’s 2023 lawsuit on behalf of Dogwood Health Trust – the entity responsible for ensuring HCA complies with the APA – alleged the company had violated commitments it made to maintain services related to emergency and oncology care at the Asheville hospital. Those agreements were solidified in the APA, which Stein‘s office oversaw and agreed to before the sale.
In February, HCA sought dismissal of the suit, countering that it had never promised to provide quality health care but had honored its APA commitments. As Earp’s opinion noted, “HCA characterizes the Hospital Service Commitments at issue as requiring that HCA: “(1) maintain Level II trauma capabilities at Mission Hospital; and (2) maintain the capabilities to provide the emergency services and oncology services that were provided at Mission as of January 2019.”
Only a small portion of Earp’s opinion focused on the issue of HCA commitments to the APA, instead explaining why sovereign immunity justified dismissing the counterclaims.
Stein had relied on sovereign immunity in response to HCA’s counterclaims, arguing he could not be a target of legal action. HCA had countered that he couldn’t rely on such protection.
“HCA rejects the contention that sovereign immunity applies because, it argues, this action was brought by the Attorney General, not in his state-sanctioned role, but on behalf of Dogwood Health Trust, a private, non-profit corporation,” the opinion said.
Stein disagreed.
“Plaintiff [Stein] maintains that the APA’s protections and the right to enforce those protections were borne from the Attorney General’s statutory review authority and are consistent with his broad consumer protection mandate and his ‘common law’ right and power to protect the beneficiaries of charitable trusts,’” the opinion said.
No conditions for immunity
In deciding the matter, Earp turned to conditions under which immunity might be waived. None applied, she stated.
She followed that decision by explaining she would not make broad declarations about the case, sidestepping issues related to the APA, stating: “[T]o the extent Defendant’s [HCA’s] declaratory judgment claims present no new controversies and simply amount to the converse of Plaintiff’s declaratory judgment claims already pending before the Court, the Court concludes, in its discretion, that allowing Defendant’s claims to proceed would not serve a useful purpose and would ‘conflict with the interests of judicial economy and efficiency.’”
While Earp dismissed the counterclaims, she denied Stein’s request to avoid having to pay attorneys’ fees, noting it was too early in the case to make such a decision.
Stein’s lawsuit is not the only legal issue facing Nashville-based HCA in western North Carolina.
Buncombe County, the cities of Asheville and Brevard, and Madison County are suing HCA in a separate antitrust lawsuit in federal court.
Mission Hospital also fell under scrutiny of state and federal investigators earlier this year when the U.S. Centers for Medicare & Medicaid Services (CMS) found it had violated federal standards of care and placed it under immediate jeopardy, the toughest sanction a healthcare facility can face. A report following that investigation showed that four patients died in two years related to those violations of care and leadership mismanagement. CMS lifted the immediate jeopardy sanction in February.
Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Andrew R. Jones is a Watchdog investigative reporter. Email arjones@avlwatchdog.org. The Watchdog’s local reporting during this crisis is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.
www.thecentersquare.com – By Alan Wooten | The Center Square – (The Center Square – ) 2025-09-05 09:01:00
State Sen. Bobby Hanig announced his Republican primary candidacy for North Carolina’s 1st Congressional District, aiming to challenge Rocky Mount Mayor Sandy Roberson and incumbent Democrat Rep. Don Davis. Hanig filed with the Federal Elections Commission, while Roberson plans to run. Hanig emphasizes conservative leadership aligned with the America First agenda. The district, covering 22 northeastern counties, was highly competitive in 2024, with Davis narrowly winning. Hanig, an Army veteran and former state representative, chairs key legislative committees and runs two Outer Banks businesses. He supports tax cuts, border control, pro-life policies, and Second Amendment rights, aligning with former President Trump’s agenda.
(The Center Square) – State Sen. Bobby Hanig will enter the Republican primary for North Carolina’s 1st Congressional District, hoping to defeat Rocky Mount Mayor Sandy Roberson and eventually second-term incumbent Democratic Rep. Don Davis.
Rep. Bobby Hanig, R-Currituck
Michael Lewis via NCLeg.gov
Filing with the State Board of Elections is in December. Hanig has filed paperwork with the Federal Elections Commission. Roberson said he would run in April.
“I’m running because northeastern North Carolina deserves true conservative leadership that will fight for our community and the America first agenda,” he said in a release.
The seat was the most competitive between Democrats and Republicans in 2024 and figures to again be so in the 2026 midterms. Davis outlasted Republican Laurie Buckhout 49.52%-47.84%, winning by 6,307 votes of more than 376,000 cast.
Twenty-two counties are touched in the northeastern part of the state.
Hanig, R-Currituck, is a veteran of the Army. He has served the Board of Commissioners in Currituck County, and was in the state House of Representatives for two terms. By trade, he began as “the pool guy” and operates two businesses serving nearly 400 properties across the Outer Banks.
He’s chairman of the State and Local Government Committee, and serves as chairman within the Committee on Appropriations for General Government and Information Technology. He’s vice chairman of the Joint Legislative Committee on Local Government.
Four other assignments are Agriculture, Energy and Environment; Education/Higher Education; Regulatory Reform; and Transportation.
“I believe in President Trump’s America First Agenda and my record in the Legislature backs it up,” Hanig said. “I’ve cut taxes for North Carolina families, toughened border control in the state, stood up for life, and defended our Second Amendment rights.”
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Right
The article largely reports factual information about the candidates entering the North Carolina 1st Congressional District race, including their backgrounds, election filing status, and statements of political positions. It mainly quotes Sen. Bobby Hanig’s own words and campaign messaging, especially his alignment with “America First” and conservative values. The coverage uses neutral language without editorializing or explicitly endorsing any viewpoint. However, the focus on Hanig’s quoted statements about tax cuts, border control, pro-life stance, and Second Amendment rights, along with an absence of equivalent direct quotes from the Democratic incumbent or the other Republican candidate, subtly frames the narrative from a conservative perspective. This leads to a slight center-right tilt, as the piece highlights Hanig’s positions without presenting counterpoints or Democratic viewpoints in comparable detail. Overall, it functions as informational content about the race rather than overt advocacy, but the emphasis on conservative policy references indicates a modest center-right leaning.
SUMMARY: Laura Leslie, a veteran North Carolina political reporter with 21 years of experience, will become the new editor of NC Newsline on September 29. Leslie, currently WRAL’s capitol bureau chief, led the innovative NCCapitol project covering state politics across multiple platforms. Previously, she was capitol bureau chief at WUNC public radio and authored the award-winning blog “Isaac Hunter’s Tavern.” An Emmy winner recognized nationally, Leslie replaces Rob Schofield, who retired in August. She expressed gratitude to WRAL and enthusiasm for joining NC Newsline, part of the expanding States Newsroom nonprofit network. Leslie’s last day at WRAL is September 5.
North Carolina’s 2025 crop season shows promise with healthy corn, soybeans, cotton, and apples, a major improvement from 2024’s drought and storm damage. However, challenges remain: Tropical Depression Chantal caused flooding, wet conditions hurt tobacco, and relief payments from last year’s disasters are delayed. Farmers face financial stress due to low crop prices, rising input costs, trade tariffs impacting exports, and labor shortages exacerbated by strict immigration policies and higher wages. The USDA relocating operations to Raleigh raises hopes for better local support. Despite struggles, a bountiful harvest is expected, supporting the state’s agricultural resilience and fall agritourism.
by Jane Winik Sartwell, Carolina Public Press September 4, 2025
The news about crops out of North Carolina farms is good this year: the corn is tall, the soybeans leafy, the cotton fluffy and the apples ripe.
Compared to last year’s disastrous summer, when it seemed flooding was the only relief from extreme drought, this summer has left farmers feeling hopeful. In Wayne County, extension agent Daryl Anderson says this is the best corn crop the county has seen in 50 years.
That’s a major turnaround from last year, when dry conditions decimated cornfields from the coast to the mountains.
Still, no year in the fields is free of struggle. Rainy weather, delayed relief payments, market conditions and dramatic federal policy shifts have kept farmers on their toes.
Crops lie ruined in fields in Person County after Tropical Depression Chantal, which passed through the area on July 6, 2025. Provided / Person County Cooperative Extension
It’s been a wet year — at times, too wet. Tropical Depression Chantal flooded fields in Central North Carolina in early July. Unusually wet conditions all summer hurt the tobacco crop across the state.
Plus, state relief money for the tribulations of 2024 is coming slow. The legislature just approved an additional $124 million to address last year’s agricultural disasters, but farmers still haven’t received the money originally allocated to the Ag Disaster Crop Loss Program in March.
For Henderson County extension director Terry Kelley, the money is an urgent matter. In Kelley’s neck of the woods, apple farmers are still recovering from the devastation Helene wrought on their orchards. Finances are starting to spiral out of control for many.
“Our farmers are really anxious to get that money,” Kelley told Carolina Public Press.
Rains and flooding from Tropical Storm Helene create a massive washout in a Mills River tomato field in Henderson County in 2024. Provided / Terry Kelley / Henderson County Extension
“They’ve got bills due from last year. They’ve used their credit up to their limit and beyond. We need that money. It’s been a long summer of waiting.”
Though Helene upped the ante in the West, Kelley’s anxieties are felt across North Carolina. In Bladen County, where many 2024 crops were devastated by Tropical Storm Debbie, extension agent Matthew Strickland says there’s been a dearth of information about how the program works.
“We are not sure when those payments will be issued and exactly how they will be calculated,” Strickland said. “We were told they’d go out mid-summer. There’s been no update. Who knows when they’ll go out? Nobody really knows.”
The financial pressure extends beyond those delayed relief payments. North Carolina farmers find themselves at the whim of unexpected shifts in both the market and federal policies.
Though both quality and yield are high for field crops this year, the price of those crops at market is low. Meanwhile, input costs continue to rise. This makes for an unsettling financial equation for farmers.
Plus, President Donald Trump’s tariffs have made American crops less desirable overseas, according to Strickland. Before recent tariff hikes, lots of North Carolina corn, soybeans and tobacco made its way to China. Now, not as much.
“With the political trade wars, we’re really worried when it comes to our soybeans and tobacco,” Surry County extension agent Ryan Coe told CPP. “A lot of farmers are still waiting to see what’s going to happen. We don’t have a crystal ball.”
The tariffs haven’t been all bad, though. While some crops suffer, others have found opportunities. Kelley says the lack of Mexican tomatoes on the market has created a higher demand for local Henderson County tomatoes, for example.
Labor, too, is giving farmers pause. Many rely on legal migrant workers, but the Trump administration’s strict immigration policies have tightened the market.
“It’s more difficult now to get labor, even with legal workers,” Kelley said. “It’s not available as it once was, and it’s terribly expensive.”
That’s because wages for migrant workers on legal H-2A visas continue to rise. In North Carolina, farmers must now pay migrant workers $16.16 per hour. This number is called an Adverse Effect Wage Rate, and it’s designed to ensure that wages for American workers don’t fall.
A cornfield at Trask Family Farms outside Wilmington on Aug. 29. Jane Winik Sartwell / Carolina Public Press
There’s a chance, however, that going forward, North Carolina farmers may have a bigger say in American agricultural policies.
The U.S. Department of Agriculture is moving major operations to Raleigh, in an effort to bring the department closer to the nation’s farming hubs. Some North Carolina farmers are excited about it.
“Having the USDA in this area will be good for all farmers in North Carolina,” said Mikayla Berryhill, an extension agent in Person County, where farms were flooded by Chantal’s heavy rains. “We will be able to show them what specific problems we have here in North Carolina and get help with those.”
In the meantime, it looks like it will be a bountiful harvest of crops here in North Carolina. This fall’s agritourism attractions, from corn mazes and county fairs to hay rides and apple markets, should reflect that agricultural resilience.
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
The content presents a balanced and factual overview of agricultural conditions in North Carolina, highlighting both challenges and positive developments without evident partisan framing. It discusses impacts of federal policies, including tariffs and immigration enforcement under the Trump administration, in a straightforward manner without overt criticism or praise. The article focuses on practical issues affecting farmers, such as weather, market conditions, and government relief efforts, maintaining a neutral tone throughout.
