Case law

Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.

Supreme Court of North Carolina · Dec 16, 2022

According to Judge Tyson, “[i]t has long been established that an action cannot be maintained against [a state agency] unless it consents to be sued or upon its waiver of immunity, and that this immunity is … particularly qualified for the purpose.

Nello L. Teer Co. v. North Carolina Department of Transportation

175 N.C. App. 705 · Court of Appeals of North Carolina · Feb 7, 2006

As our Supreme Court has explained, “[ordinary statutes of limitation are clearly procedural, affecting only the remedy directly and not the right to recover,” while “a condition precedent establishes a time period in which … Any other conclusion would mean that this aspect of the 1987 amendment was without purpose, and it is well established in this State that amendments are presumed not to be without purpose. Town of Pine Knoll Shores v.

State v. Branham

Court of Appeals of North Carolina · Oct 1, 2025

On 23 February 2024, the trial court denied Defendant’s motion for its “fail[ing] to satisfy the statutory requirements to qualify for immunity from prosecution under [N.C.]G.S. § 90-96.2.” … App. 323, 327 (2020) (distinguishing § 90-96.2’s grant of prosecutorial immunity from our common law’s recognition of jurisdictional immunity).4 In State v.

Blanton v. Moses H. Cone Memorial Hospital, Inc.

78 N.C. App. 502 · Court of Appeals of North Carolina · Dec 17, 1985

The Bost opinion clearly stated, however, that the doctrine of corporate negligence had been implicitly accepted and applied in a number of previous decisions. … We further hold that plaintiffs complaint sufficiently establishes a cause of action for which relief can be granted under the doctrine of corporate negligence.

Talley v. Folwell

District Court, E.D. North Carolina · Feb 21, 2024

A court has discretion in deciding which prong of the qualified immunity analysis — whether there was a violation of a constitutional right or whether the right was clearly established ~ to consider first. … established, and thus defendants are entitled to qualified immunity.

Howard v. County of Durham

227 N.C. App. 46 · Court of Appeals of North Carolina · May 7, 2013

Standard of Review With respect to a motion to dismiss based on sovereign immunity, the question is whether the complaint specifically alleges a waiver of governmental immunity. … Had the mediated settlement conference taken place in our state’s superior court, there would clearly be no enforceable agreement because mediated settlement agreements must be in writing under N.C. Gen.

Stone v. North Carolina Department of Labor

125 N.C. App. 288 · Court of Appeals of North Carolina · Feb 4, 1997

P. 12(b)(1) and (2) on the basis of sovereign immunity. Deputy Commissioner D. Bernard Alston denied defendants’ motions. The full Commission affirmed and adopted the Deputy Commissioner’s decision. … This statute clearly imposes specific duties upon the Commissioner of Labor to enforce inspection laws, to inspect the workplaces of North Carolina and to prosecute violations.

BUTLER v. KIMBROUGH

District Court, M.D. North Carolina · Aug 11, 2023

immunity shields him from liability. … Johnson, 924 F.3d 104, 119 n.6 (4th Cir. 2019) (“recogniz[ing] the ‘special problem’ raised when the objective qualified immunity standard is applied to an Eighth Amendment violation that

Sed Holdings, LLC v. 3 Star Props., LLC

250 N.C. App. 215 · Court of Appeals of North Carolina · Nov 1, 2016

Qualified - 10 -  SED HOLDINGS, LLC V. 3 STAR PROPERTIES, LLC Opinion of the Court Pers., Inc., 294 N.C. 200, 208, 240 S.E … In RPR Assocs., the defendant appealed from an interlocutory order denying its motion to dismiss based on sovereign immunity. 153 N.C. App. at 344, 570 S.E.2d at 512.

Carpenter v. . R. R.

184 N.C. 400 · Supreme Court of North Carolina · Nov 22, 1922

In 1915 the General Assembly established a State Highway Commission, to consist of the Governor and six others, and afterwards increased the number of commissioners, enlarged their duties, and more clearly defined their powers … He is bound to establish it. The State is a political corporate body, can act only through agents, and can command only by laws.

Doe v. Ortho-Clinical Diagnostics, Inc.

440 F. Supp. 2d 465 · District Court, M.D. North Carolina · Jul 6, 2006

Where a “plaintiff is not able to establish general causation, it is unnecessary to consider whether the plaintiff can establish specific causation.” Id.; see also Raynor v. … RhoGAM is used to suppress the immune response of Rh negative women to Rh positive red blood cells.

In Re Wingler

231 N.C. 560 · Supreme Court of North Carolina · Mar 22, 1950

of a judge as a matter of right, a judge de jure meets this three-fold test: (1) He possesses the legal qualifications for the judicial office in question; (2) he has been lawfully chosen to such office; and (3) he has qualified … The act of Mayor McNeil in trying the petitioner and committing her to jail was also immune to collateral attack under G.S. 128-6.

Copper ex rel. Copper v. Denlinger

363 N.C. 784 · Supreme Court of North Carolina · Jan 29, 2010

Denlinger had violated rights “clearly *787 established” under federal law, thereby entitling Ms. … Denlinger to qualified immunity in her individual capacity; and (3) regarding the Board’s gang policy, it “defines a violation . . . with sufficient definiteness that a student could understand what conduct was prohibited

Brewer Ex Rel. Oldham v. Valk

204 N.C. 186 · Supreme Court of North Carolina · Feb 8, 1933

“(j) No operation under this chapter shall be performed by other than a duly qualified and registered North Carolina surgeon, and by him, only upon a written order signed by the responsible executive head of the institution … No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor

North Carolina Ex Rel. Cooper v. Tennessee Valley Authority

439 F. Supp. 2d 486 · District Court, W.D. North Carolina · Jul 21, 2006

Consequently, TVA has failed to establish its entitlement, pursuant to the Loeffler-Burr mode of analysis, to an implied limitation of its otherwise broad waiver of sovereign immunity on the basis of grave interference with … TVA has failed to clearly establish any of the three bases for recognizing an implied limitation on the TVA Act’s otherwise broad waiver of sovereign immunity. “ ‘In the absence of such showing, it must be presumed that when

Est. of Graham v. Lambert

Supreme Court of North Carolina · Mar 22, 2024

To do so, the plaintiff must plead “facts that, if taken as true, are sufficient to establish a waiver of immunity.” Id. at 48 (cleaned up). … If the government seeks summary judgment on immunity grounds, it bears the “burden of clearly establishing the lack of any triable issue of fact by the record properly before the court.” See Moore v.

HOELZER v. THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA

District Court, M.D. North Carolina · Mar 13, 2023

“Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, ‘insofar as their conduct does not violate clearly established statutory … For the following reasons, the Court finds that such right was not clearly established, and that Defendant is entitled to qualified immunity. The Supreme Court in Hope v.

Mackins

District Court, W.D. North Carolina · Feb 2, 2026

immunity to engage in conduct which does not violate clearly established constitutional rights. … “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.”

State v. . Pearson

97 N.C. 434 · Supreme Court of North Carolina · Feb 5, 1887

It was their duty to challenge his vote on the day of election, if they had reason to believe or suspect that he was not qualified. … But their decision in favor of the right of a party to vote, in the absence of fraud and collusion, must have the effect of securing the voter immunity from criminal liability, if it should afterwards appear that lie did

Fulford v. Jenkins

195 N.C. App. 402 · Court of Appeals of North Carolina · Feb 17, 2009

It is well established that contracts for insurance are to be interpreted under the same rules of law as are applicable to other written contracts. … immunity.