Case law

N.C. Farm Bureau Mut. Ins. Co., Inc. v. Dana

Supreme Court of North Carolina · Dec 17, 2021

On the other hand, N.C.G.S. § 20- 279.21(b)(4) clearly refers to both a “limit” and “limits” of liability. … Here, the tortfeasor’s automobile qualifies as an “underinsured highway vehicle” because the sum of Mr.

PHG Asheville, LLC v. City of Asheville

Supreme Court of North Carolina · Apr 3, 2020

CITY OF ASHEVILLE Opinion of the Court As the record that is before us in this case clearly reflects, the trial court appropriately engaged in both de novo and whole record review … Dean, whose testimony is at issue in the case as it has been presented to us, were each qualified as experts in their respective fields. Both Mr. Crozier and Mr.

State ex rel. Abbott v. Beddingfield

125 N.C. 256 · Supreme Court of North Carolina · Nov 21, 1899

C., 72 , it was held that one who had been elected constable was liable to a penalty for refusing to accept and qualify. … Now in 1865, by authority of the President of the United States, a Convention was called in North Carolina to establish a State Government.

N.C. Dep't of Revenue v. Graybar Elec. Co.

Supreme Court of North Carolina · Feb 28, 2020

A material fact is one that “would constitute or would irrevocably establish any material element of a claim or defense.” Abner Corp. v. City Roofing & Sheetmetal Co., 73 N.C. … While the General Assembly provided a clearly exhaustive definition for “net economic loss,” see N.C. Gen.

In re S.M.

Supreme Court of North Carolina · Mar 18, 2022

” ¶ 36 Respondent-father objects to finding of fact 90 on the ground that it “includes expert opinion” which the DSS social worker was not qualified to offer. … ]” and “[b]y explicitly removing that preference for termination, the General Assembly clearly indicated that it no longer believed such a preference was appropriate.”

Liverman v. Cahoon

156 N.C. 187 · Supreme Court of North Carolina · Oct 11, 1911

The doctrine is so clearly and strongly stated by Chief Justice Brickell, in Owen v. … There are other cases establishing the same principle.” In Carter v.

American Clipper Corp. v. Howerton

311 N.C. 151 · Supreme Court of North Carolina · Jun 5, 1984

That is, once a buyer acquires title by virtue of UCC § 2-403, subsequent purchasers from him benefit by his title without regard to whether they themselves would qualify as buyers in ordinary course of business. 3 Anderson … Subsection (e) clearly shows the statute’s remedial nature stating ‘nothing in this section shall be deemed to exclude the power of any corporate representatives to bind the corporation pursuant to express, implied, or apparent

In re C.B.C.B.

Supreme Court of North Carolina · Dec 17, 2021

Id. at 475–76, 293 S.E.2d at 786.3 ¶ 13 Here the first element of aiding and abetting is clearly met because Lail was convicted of second-degree murder in the death of respondent’s older son, John. … Although the necessary knowledge may be established by “circumstantial evidence from which an inference of knowledge might reasonably be drawn,” State v.

Boseman v. Jarrell

364 N.C. 537 · Supreme Court of North Carolina · Dec 20, 2010

Rather, "[u]nfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy. … the actual statutory language, to highlight that the majority must necessarily read words (at least the word "waivable") into N.C.G.S. § 48-2-607, while ignoring the words "any" and "fully bound," as well as the lack of a qualifier

Sheffield v. Consolidated Foods Corp.

302 N.C. 403 · Supreme Court of North Carolina · Apr 7, 1981

Law. 1453, 1453 (1977), and contend that the North Carolina legislation was specifically enacted to cover such accumulations and any other types of offers for stock purchase otherwise qualifying under the Act. … Such a requirement clearly cannot be applied to trades executed on a major stock exchange. Regulation T, supra; Rule 64, supra.

State v. Corey

Supreme Court of North Carolina · Dec 6, 2019

Terry Hobbs, a pediatrician who was qualified as an expert in the field of sexual assault forensics, examined Shannon. Based upon the results of this examination, Dr. … In view of the fact that the record clearly establishes that the trial court did not conduct a jury instruction conference or otherwise discuss the manner in which the jury should be instructed concerning the issue of the

N.C. Farm Bureau Mut. Ins. Co. v. Dana

Supreme Court of North Carolina · Dec 17, 2021

On the other hand, N.C.G.S. § 20- 279.21(b)(4) clearly refers to both a “limit” and “limits” of liability. … Here, the tortfeasor’s automobile qualifies as an “underinsured highway vehicle” because the sum of Mr.

Keith v. Health-Pro Home Care Servs., Inc.

Supreme Court of North Carolina · Jun 17, 2022

Plaintiffs have cited no binding authority for the proposition that an action brought on allegations, and tried on facts, that clearly fall within the scope … Under a negligence theory, employment alone does not establish a special relationship.

Cooper v. Berger

Supreme Court of North Carolina · Dec 18, 2020

the Court things, to provide access to quality health services for mothers and children, “to reduce infant mortality and the incidence of preventable diseases and handicapping conditions among children,” to increase immunizations … As the record clearly reflects, however, the block grant funds at issue in this case are not being held by the State in a fiduciary capacity for later distribution to their equitable owner.

Chavez v. McFadden

Supreme Court of North Carolina · Jun 5, 2020

Ed. 2d 563, 571–72 (1982)), with this “broad, undoubted power” having its source in the constitutional provision authorizing Congress “[t]o establish [a] uniform Rule of Naturalization.” U.S. Const. art. … Opinion of the Court or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified

State v. Murrell

362 N.C. 375 · Supreme Court of North Carolina · Aug 27, 2008

Kramer’s testimony would have been favorable to the State had he been called as a witness and qualified as a mental health expert. However, the only aspect of Dr. … [I]t is established that a conviction obtained through use of false evidence, known to be such by representatives of the State, must fall under the Fourteenth Amendment.

State v. Romano

369 N.C. 678 · Supreme Court of North Carolina · Jun 9, 2017

As I will discuss below, as long as the statute in question is not clearly unconstitutional, that is all that is required for the good faith exception to apply. … Kornegay, 313 N.C. 1, 10-12, 326 S.E.2d 881, 890-91 (1985) (concluding that a private citizen who copied a defendant’s records to turn over to the State Bureau of Investigation in exchange for prosecutorial immunity was

State v. Fleming

350 N.C. 109 · Supreme Court of North Carolina · Apr 9, 1999

“To establish such an abuse, defendant must show that the prosecutor’s comments so infected the trial with unfairness that they rendered the conviction fundamentally unfair.” State v. … Bondurant , as discussed above, is clearly distinguishable.

Lanvale Properties, LLC v. County of Cabarrus

366 N.C. 142 · Supreme Court of North Carolina · Aug 24, 2012

Two statutes in particular establish the boundaries of county zoning power. … The starting point of our analysis is to establish the distinction between zoning ordinances and subdivision ordinances.

In re C.B.C.B.

Supreme Court of North Carolina · Dec 17, 2021

Id. at 475–76, 293 S.E.2d at 786.3 ¶ 13 Here the first element of aiding and abetting is clearly met because Lail was convicted of second-degree murder in the death of respondent’s older son, John. … Although the necessary knowledge may be established by “circumstantial evidence from which an inference of knowledge might reasonably be drawn,” State v.