Case law

Opinions from 1658 to today.

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  • Cedarbrook Residential Ctr.

    Court of Appeals of North Carolina · Dec 21, 2021

    The plurality opinion’s conclusion will lead to a stampede of nonjusticiable suits against regulatory state agencies which are clearly barred by sovereign immunity except for the limited waiver of that immunity … ¶ 51 The party asserting a claim must establish cause.

    Cited 0 timesPublished
  • Faulkenbury v. TEACHERS'AND STATE EMPLOYEES'RETIREMENT SYSTEM

    108 N.C. App. 357 · Court of Appeals of North Carolina · Jan 5, 1993

    . § 1983 cause of action on essentially three bases: (A) the doctrines of qualified and official immunity shield the defendants from suit brought under the theories of section 1983 and any state law claims; (B) defendants … However, plaintiffs' complaint also quite clearly requests damages. Plaintiffs' complaint states, "This is a Complaint for damages and other relief, including 42 U.S.C. § 1983 ."

    Cited 12 timesPublished
  • Bouvier v. Porter

    Court of Appeals of North Carolina · Oct 5, 2021

    the trial court’s failure to dismiss [p]laintiff’s claims deprives [d]efendants of immunity from suit[.]” 270 N.C. … Qualified Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). “Whether an BOUVIER V.

    Cited 0 timesPublished
  • Alpar v. WEYERHAEUSER COMPANY, INC.

    20 N.C. App. 340 · Court of Appeals of North Carolina · Jan 9, 1974

    “The decisions in this jurisdiction, as well as others, clearly establish that a publication is libelous per se, or actionable per se, if when considered alone without innuendo: * * * (4) it tends to impeach one in his trade … Although a qualified privilege may provide an affirmative defense against a defamation action, if the qualified privilege is found to be abused, then the privilege ceases to exist.

    Cited 19 timesPublished
  • State v. Baggett

    61 N.C. App. 511 · Court of Appeals of North Carolina · Apr 5, 1983

    Norris’s answer because her other testimony clearly established that she had, in fact, picked out the same photo both times. This assignment is overruled. … McClain was granted immunity by the prosecution and the court ordered that the jury be excused and a voir dire conducted.

    Cited 1 timesPublished
  • Bryant v. N.C. Dep't of Health & Hum. Servs.

    Court of Appeals of North Carolina · Feb 18, 2026

    Generally, “[u]nder the doctrine of sovereign immunity, the State is immune from suit absent waiver of immunity.” Meyer v. Walls, 347 N.C. 97, 104 (1997). … State Ports Auth., 307 N.C. 522, 537–38 (1983) (“Waiver of sovereign immunity may not be lightly inferred and State statutes waiving this immunity, being in derogation of the sovereign right to immunity, must be strictly

    Cited 0 timesPublished
  • Trivette v. Yount

    217 N.C. App. 477 · Court of Appeals of North Carolina · Dec 20, 2011

    In his answer, Defendant raises several defenses: (1) Plaintiffs failed to state a claim upon which relief could be granted, as Defendant was immune from suit pursuant to governmental or sovereign immunity; (2) the trial … We are unaware of any authority establishing that the power to hire is dis-positive on this issue.

    Cited 12 timesPublished
  • Cucina v. City of Jacksonville

    138 N.C. App. 99 · Court of Appeals of North Carolina · May 16, 2000

    However, assuming arguendo the foregoing contentions sustain a factual issue as to plaintiff’s contributory negligence, such negligence is not thereby established as a matter of law. … Only where the evidence establishes the plaintiff’s own negligence so clearly that no other reasonable conclusion may be reached is summary judgment to be granted.

    Cited 11 timesPublished
  • Association for Home & Hospice Care of North Carolina, Inc. v. Division of Medical Assistance

    214 N.C. App. 522 · Court of Appeals of North Carolina · Aug 16, 2011

    The law required DMA to implement certain new criteria for assessing PCS eligibility and the level of assistance needed by those who qualified, id. § 10.68A.(a)(3). … The trial court granted DMA’s writ of certiorari and concluded that the ALJ lacked jurisdiction to enter the injunction order “by reason of sovereign immunity.”

    Cited 7 timesPublished
  • North Carolina Division of Sons of Confederate Veterans v. Faulkner

    131 N.C. App. 775 · Court of Appeals of North Carolina · Dec 29, 1998

    It is a well-established tenet of statutory construction that the intent of the General Assembly controls. In re Arthur, 291 N.C. 640, 641 , 231 S.E.2d 614, 615 (1977). … [sjupports polio immunization campaigns; [and] offers scholarships to outstanding men and women.” Id., § 11762, at 1304. Ruritan is a “[n]onpartisan, nonsectarian community service organization . . .

    Cited 2 timesPublished
  • Durham Land Owners Ass'n v. County of Durham

    177 N.C. App. 629 · Court of Appeals of North Carolina · Jun 6, 2006

    or its counties are barred by sovereign immunity. … “[O]ur courts have clearly stated that in setting rates for public enterprise services, municipalities act in a proprietary role.” Pulliam v. City of Greensboro, 103 N.C.

    Cited 17 timesPublished
  • Faulkenbury v. Teachers' & State Employees' Retirement System

    108 N.C. App. 357 · Court of Appeals of North Carolina · Jan 5, 1993

    . § 1983 cause of action on essentially three bases: (A) the doctrines of qualified and official immunity shield the defendants from suit brought under the theories of section 1983 and any state law claims; (B) defendants … However, plaintiffs’ complaint also quite clearly requests damages. Plaintiffs’ complaint states, “This is a Complaint for damages and other relief, including 42 U.S.C. § 1983 .”

    Cited 20 timesPublished
  • Livingston v. Bakewell

    Court of Appeals of North Carolina · Feb 4, 2014

    “The defense of qualified immunity shields government officials from personal liability under § 1983 ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … ’s action assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.

    Cited 0 timesUnpublished
  • Higgins v. Mendoza

    Court of Appeals of North Carolina · Jan 15, 2025

    ECU maintained an affiliation agreement with North Carolina State Highway Patrol (“NCSHP”) for an internship program for qualified college students interested in careers in law enforcement. … Trooper Mendoza argues that he is entitled to public official immunity.

    Cited 0 timesPublished
  • Wilkins v. Guilford County

    158 N.C. App. 661 · Court of Appeals of North Carolina · Jul 1, 2003

    element of the claim; or (3) showing that plaintiff cannot survive an affirmative defense, such as governmental immunity. … Baldwin Sch., Inc., 133 F.3d 141 , 155 n.18 (1st Cir. 1998) (questioning whether ADHD qualifies as a mental impairment under the ADA), we must first consider whether a person qualifies as disabled if the underlying impairment

    Cited 3 timesPublished
  • North Carolina Farm Bureau Mutual Insurance v. Cully's Motorcross Park, Inc.

    220 N.C. App. 212 · Court of Appeals of North Carolina · May 1, 2012

    Immunity Pursuant to N.C. Gen. Stat. § 58-79-40 Plaintiff argues that the trial court erred in failing to find, pursuant to N.C. Gen. Stat. § 58-79-40 , that Plaintiff was immune from civil liability. N.C. Gen. … , even if prompted by an anticompetitive intent, are immune from antitrust liability.

    Reversed in part, on other grounds by North Carolina Farm Bureau Mutual Insurance v. Cully's Motorcross Park, Inc., 366 N.C. 505 (2013)Cited 3 timesPublished
  • Breedlove v. Warren

    249 N.C. App. 472 · Court of Appeals of North Carolina · Sep 20, 2016

    immunity.” … Although AOC is entrusted with statutory authority to establish and evaluate judicial compliance with regulations, rules, and procedures,1 the statutes cited above clearly show that AOC lacked the power, its memoranda

    Cited 1 timesPublished
  • State Ex Rel. Cooper v. Ridgeway Brands Manufacturing, LLC

    184 N.C. App. 613 · Court of Appeals of North Carolina · Jul 17, 2007

    App. 210, 212 , 245 S.E.2d 558, 560 (1978), this Court explained Rule 15(c): If the effect of the proposed amendment is merely to correct the name of a party already in court, clearly there is no prejudice in allowing the … Moreover, the grant of immunity is not destroyed by suing the agent in his individual capacity. Id. at 1252 .

    Reversed in part, on other grounds by State v. Ridgeway Brands Manufacturing, LLC, 362 N.C. 431 (2008)Cited 28 timesPublished
  • Higgins v. Mendoza

    Court of Appeals of North Carolina · Jan 15, 2025

    ECU maintained an affiliation agreement with North Carolina State Highway Patrol (“NCSHP”) for an internship program for qualified college students interested in careers in law enforcement. … Trooper Mendoza argues that he is entitled to public official immunity.

    Cited 0 timesPublished
  • Sanders v. State Personnel Commission

    236 N.C. App. 94 · Court of Appeals of North Carolina · Sep 2, 2014

    there could have been no breach of contract because “the acts of any hiring official in violating the -4- [Twelve-Month Rule] . . . were clearly … Nevertheless, it is well-established that the State’s sovereign immunity is waived in “causes of action on contract,” Smith v.

    Cited 1 timesPublished

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