Case law

In re: Duke Energy Carolinas, LLC

Court of Appeals of North Carolina · Feb 18, 2026

In that sentence, “under efficient management and economic operations” clearly describes how the fuel costs must be “prudently incurred.” … The original statute was silent as to the application of the common law public duty doctrine, a limitation on tort liability that is separate from sovereign immunity. Id.

North Carolina Forestry Ass'n v. North Carolina Dept. of Environment and Natural Resources, Div. of Water Quality

154 N.C. App. 18 · Court of Appeals of North Carolina · Nov 19, 2002

The Congress of the United States authorized the Environmental Protection Agency (“EPA”) to establish effluent limitations for pollutants and toxic waste discharges by industry, agricultural operations and public and private … As to the remaining portion of the superior court’s order, I would reverse and remand this case to the superior court to (1) characterize the issues before the court, (2) clearly delineate the standard of review used, (3)

State v. Norris

Court of Appeals of North Carolina · Dec 29, 2022

App. 143, 147 (2012) (“A variance between the criminal offense charged and the offense established by the evidence is in essence a failure of the State to establish the offense charged.”); State v. … Even assuming such a mundane turn of phrase qualifies as demeaning Defendant,  STATE V.

State v. Surratt

Court of Appeals of North Carolina · Aug 3, 2021

2021-NCCOA-407 Opinion of the Court ¶2 In addition, the trial court does not commit constitutional error when the Record clearly … However, under a local “rule or [] practice,” Valentine was not qualified to be appointed on cases above Class F felonies. Valentine filed a Motion to Withdraw as Counsel on 8 July 2019.

Dep't of Transp. v. Jay Butmataji, LLC

260 N.C. App. 516 · Court of Appeals of North Carolina · Aug 7, 2018

Defendant’s argument assumes that once a witness has been properly qualified as an expert, he may testify to anything within his expertise, but that is simply not the case. … Moreover, our well-established North Carolina rule prohibiting lost business profits evidence comports with the federal rule. ....

Harney v. Harney

Court of Appeals of North Carolina · Sep 3, 2024

Mother’s argument concludes by noting “[p]erhaps the qualifier ‘more of a’ indicates the trial court did - 23 -  HARNEY V. … HARNEY Opinion of the Court rejection of Sam’s diagnoses made by qualified medical professionals; her failure to truthfully answer Grandfather’s complaint by “admitting” the child’s

Singleton v. N.C. Dep't of Health & Hum. Servs.

Court of Appeals of North Carolina · Jun 21, 2022

particularly qualified for the purpose. … ¶ 44 While counsel for Defendants clearly and correctly admitted the CON statutes are restrictive, anti-competitive, and create monopolistic policies and powers to the holder, and Plaintiffs correctly

Clapper v. Press Ganey Assocs.

Court of Appeals of North Carolina · Nov 7, 2023

The Class B Units were granted as non-cash compensation to retain qualified employees and operated as an “Incentive Equity Plan.” … Stat.] § 22B-3 clearly limits the holding in Perkins, the presumption of validity of forum selection clauses, i.e. the test requiring that a plaintiff seeking to avoid enforcement of

Henry v. Southeastern Ob-Gyn Associates, P.A.

145 N.C. App. 208 · Court of Appeals of North Carolina · Aug 7, 2001

Thus, section 90-21.12 permits a physician, otherwise qualified under Rule 702 of the North Carolina Rules of Evidence, to testify regarding the applicable standard of care in a medical malpractice case when that *249 physician … Such evidence is clearly some evidence of the standard of care in the community in question.

Ray v. N.C. Department of Transportation

217 N.C. App. 500 · Court of Appeals of North Carolina · Dec 20, 2011

This Court found the State had waived its immunity for such claims and that the Industrial Commission was the appropriate tribunal to hear the claim. Id. at 137 , 360 S.E.2d at 118 . … Gen.Stat. § 136-45 (2009) (providing that the DOT "shall take over, establish, construct, and maintain a statewide system of hard-surfaced and other dependable highways ... to relieve the counties and cities and towns of

Mole v. The City of Durham

Court of Appeals of North Carolina · Oct 5, 2021

Constitution, a public employee must show that no other state law remedy is available and plead facts establishing three elements: (1) a clear, established rule … (recognizing “the legitimate governmental interest of providing a fair procedure that ensures qualified candidates move to the next stage of the promotional process”).

Kings Harbor Homeowners Ass'n, Inc. v. Goldman

253 N.C. App. 726 · Court of Appeals of North Carolina · Jun 6, 2017

“An issue is ‘genuine’ if it can be proven by substantial evidence and a fact is ‘material’ if it would constitute or irrevocably establish any material element of a claim or a defense.” Lowe v. … “The law favors creation of a fee simple estate unless it is clearly shown a lesser estate was intended.” Vestal v. Vestal, 49 N.C. App. 263, 267, 271 S.E.2d 306, 309 (1980).

Wheeler v. Wheeler

Court of Appeals of North Carolina · Mar 4, 2026

Notaries public are qualified certifying officers. Id. § 52-10(b). 2 Defense counsel also claimed at closing that the Separation Agreement’s non-binding status had “already been determined.” … Finding 21(d) is clearly improper under Smith v.

Dellinger v. Lincoln Cty.

Court of Appeals of North Carolina · Jul 16, 2019

Petitioners’ expert testified that single market transactions are insufficient to establish market values. Ms. … Beck qualifies as an expert on real estate valuation, his “mere expression of [personal] opinion” is insufficient to impeach or rebut the quantitative analysis contained in the written reports, one of which he produced.

In re: D.A.H.

Court of Appeals of North Carolina · Apr 20, 2021

“A careful analysis of the totality of the circumstances surrounding the making of [the] Juvenile’s statement clearly indicate[d] . . . that [he] was not subject to the degree of restraint inherent in a formal … We hold that circumstances such as these can indeed qualify as custodial interrogations where Miranda warnings are required.

In Matter of Ass

202 N.C. App. 770 · Court of Appeals of North Carolina · Mar 2, 2010

This finding was clearly supported by the record of earlier proceedings in this case, of which the trial court permissibly took judicial notice. See In re J.W., K.W., 173 N.C. … DSS further alleged that the father had failed to update Ashley's immunizations as requested.

Rowan County Board of Education v. United States Gypsum Co.

103 N.C. App. 288 · Court of Appeals of North Carolina · Jul 2, 1991

While much of the testimony of which Gypsum complains is clearly expert opinion testimony regarding the significance of Dr. … Gypsum’s expert witnesses with hearsay statements from publications which were not qualified as reliable and authoritative.”

State ex rel. Com'r of Ins. v. North Carolina Rate Bureau

248 N.C. App. 602 · Court of Appeals of North Carolina · Aug 2, 2016

Second, the Commissioner clearly indicates in the order that his profit methodology is in keeping with the Commissioner's order following the Bureau's 2001 auto filing, which this Court upheld in 2001 Auto. *616 In 2001 Auto … ' of loss experience of all the carriers, which the establishment of the Bureau was intended to create."

Piazza v. Kirkbride

246 N.C. App. 576 · Court of Appeals of North Carolina · Apr 5, 2016

Piazza went on to practice medicine as an ophthalmologist in Maine, and Brannon established his own practice as an OB/GYN in North Carolina. … KIRKBRIDE Opinion of the Court Director Safe Harbor provision cannot readily immunize Brannon from his individual actions. iv.

Drain v. United Services Life Insurance Co.

85 N.C. App. 174 · Court of Appeals of North Carolina · Apr 7, 1987

Moreover, plaintiff noted, the letter itself, as a writing, would also qualify as an amendment changing the effective date of Drain's policy. … Although Drain's application for insurance clearly provided that the policy would become effective on the later date of approval of the application on 16 June 1983 and although Drain died before 16 June 1983, plaintiff offered