Dismissal of Ad Suit Upheld

The state Appeals Court has upheld a Wake judge’s decision to throw out a lawsuit filed by Chuck Fuller of Citizens for a Sound Economy against Gov. Mike Easley when he was attorney general.

The case dates back to 1999 and charges that public service ads that Easley ran using money the state won in consumer lawsuit settlements were just campaign ads in disguise. The next year, Easley ran for and was elected governor.

Fuller sued Easley over his use of the money, maintaining that it should have gone to local boards of education. A Wake County judge dismissed the case last year.

A three-judge Appeals Court panel agreed unanimously with the judge’s decision. Fuller did not have standing to bring the suit and did not make a claim for relief that could be granted, said the opinion, written by Judge Patricia Timmons-Goodson. Judges Hugh B. Campbell Jr. and Joe John concurred.

Fuller said he had not seen the court opinion and would have to read it before commenting.

Easley spokeswoman Cari Hepp said: “The governor never had any doubt that educating consumers about how to protect themselves from fraud and scam artists was the right thing to do. We’re pleased that the court unanimously acknowledged this fact.”

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An option:

Former state labor commissioner Harry Payne said Tuesday that returning to state government is an option.

Payne said biglobby.com, his start-up online business that tracks legislation, is up and running but that he has found he doesn’t like working at home alone.

“I figured out, much to my surprise, that it is a little bit too isolated,” said Payne, who did not run for reelection last year. “The business is going well, but I need more people about.”

Payne said he has explored a number of possibilities in both the public and private sectors.

“It’s not that I’m looking to get back into state government,” Payne said. “If that possibility presents itself and it is the preferred alternative, then that is where I’d like to go.”

Payne declined to specify which state jobs he had sought.

“I don’t want to create any undue attention on any one position,” Payne said. “Some the administration probably doesn’t know about.”

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Concern over bill:

Blue Cross and Blue Shield of North Carolina has concerns about the House version of an HMO reform bill, the so-called Patients’ Bill of Rights, that’s being considered by the House Health Committee.

Blue Cross split with other health maintenance organizations last spring when it endorsed the Senate version of the bill. The company’s support helped get the bill over the hump in the Senate.

Blue Cross spokesman Mark Stinneford said the company still likes the Senate version, but is worried about a provision put in on the House side that would allow patients in some circumstances to sue an HMO without going through all the internal and external reviews. The company is concerned that the proposed change would “significantly increase costs,” he said.

Blue Cross thinks the Senate bill “is the way to go,” Stinneford said. “It does protect patients without significantly increasing their health-care costs.”