Case law

Woods v. Moses Cone Health System

198 N.C. App. 120 · Court of Appeals of North Carolina · Jul 7, 2009

The duties of the Committee shall be to: (1) work in cooperation with the Service Chief or Section Chair to establish effective systems for monitoring and evaluating the care rendered by the Service or Section and identify … from discovery *128 under § 95 do not, however, lose their immunity because they were transmitted” to persons outside the medical review committee.

Sanders v. State Personnel Commission

197 N.C. App. 314 · Court of Appeals of North Carolina · Jun 2, 2009

On 22 July 2005, defendants answered and moved to dismiss the action as barred by principles of sovereign and/or qualified immunity and for a failure to state a claim for relief. … Although the regulations clearly state that temporary employees shall not be employed greater than twelve months, they fail to provide *323 a remedy or to establish a classification for a “temporary” employee whose term then

Food Lion, Inc. v. Capital Cities/ABC, Inc.

951 F. Supp. 1211 · District Court, M.D. North Carolina · Nov 8, 1996

Furthermore, the Supreme Court “has emphasized that ‘[t]he publisher of a newspaper has no special immunity from the application of general laws. … The three part test established by the Fourth Circuit in LaRouche is satisfied in this case.

Bates v. Charlotte-Mecklenburg Historic Landmarks Comm'n

Court of Appeals of North Carolina · Jan 2, 2024

LANDMARKS COMM’N Opinion of the Court taken as true, are sufficient to establish a waiver by the State of governmental immunity. Fullwood, 250 N.C. … In such cases, “[b]ecause malice encompasses intent, . . . if a party alleges an intentional tort claim, the doctrine of qualified immunity does not immunize public officials . . . from suit in their individual capacities

Norton v. SMC Building, Inc.

156 N.C. App. 564 · Court of Appeals of North Carolina · Mar 18, 2003

“Ambiguity in the terms of the policy is not established simply because the parties contend for differing meanings to be given to the language. … The *570 disputed exclusionary provision is not ambiguous and, when construed and enforced according to its plain meaning, it clearly encompasses the construction defects plaintiffs allege resulted from the County’s negligent

Wright v. North Carolina Department of Health & Human Services

405 F. Supp. 2d 631 · District Court, E.D. North Carolina · Dec 5, 2005

Accordingly, because North Carolina waived its sovereign immunity to plaintiffs suit under the ADA and the ADEA as set forth in the Act, North Carolina’s Eleventh Amendment immunity does not divest this court of jurisdiction … Under that framework, a plaintiff first must establish a prima facie case. See, e.g., O’Connor v. Consol.

Wynn v. Frederick

Supreme Court of North Carolina · Dec 15, 2023

Additionally, we hold, in accordance with our established precedent, that judicial immunity applies to official and individual capacity claims. We therefore reverse the decision of the Court of Appeals. … Our case law, however, clearly establishes that judicial immunity protects 10 In an official capacity claim, the plaintiff “seeks recovery from the entity of which the public servant defendant is an agent.”

First Union National Bank v. Hackney

266 N.C. 17 · Supreme Court of North Carolina · Dec 15, 1965

Stated from the viewpoint of the parent, it is a privilege, but only a qualified one.” In accord: Brennecke v. Kilpatrick, 336 S.W. 2d 68 (Mo.); Palcsey v. Tepper, 176 A. 2d 818 (N.J.); Davis v. Smith, supra. … The immunity of the parent usually has been predicated upon the premise that to allow such an action against a parent would either disrupt the tranquillity of the domestic establishment or subvert parental control and discipline

Wilson v. Wilson

203 N.C. App. 45 · Court of Appeals of North Carolina · Mar 16, 2010

App. 649 , 379 S.E.2d 45 (1989), established the rule that a party’s “failure to timely perfect [an] appeal constitutes an abandonment of the appeal.” Woods, 93 N.C. App. at 652 , 379 S.E.2d at 47 . … “Qualified beneficiary” is defined at N.C. Gen. Stat. § 36C-1-103(15). Defendants do not argue on appeal that Plaintiffs are not qualified beneficiaries.

Area Mental Health, Mental Retardation & Substance Abuse Authority v. Speed

69 N.C. App. 247 · Court of Appeals of North Carolina · Jul 3, 1984

Indeed, such a requirement would have the anomalous effect of rendering reduction-in-force decisions immune from claims of illegal discrimination and consequent judicial scrutiny. … Speed was qualified for her job, and that her discharge resulted from discriminatory motives.

Edwards v. City of Concord

827 F. Supp. 2d 517 · District Court, M.D. North Carolina · Dec 7, 2011

Indeed, in finding the existence of a constitutional remedy, the Court specifically distinguished situations where a plaintiff could not establish his common law remedy because of the expiration of a statute of limitations … (Doc. 18 ¶3 (admitting insurance policy and that immunity has not been waived), Second Defense (qualified immunity), Third Defense (governmental immunity), and Fourth Defense (public officer immunity).) .

General Electric Company v. Turner

275 N.C. 493 · Supreme Court of North Carolina · Jul 11, 1969

However, the making of an “irrevocable decision” in an important business controversy, after hearing one side and refusing to hear the other, does not qualify as commendable procedure. … In the absence of consent or waiver, this immunity against suit is absolute and unqualified.” Schloss v. Highway Comm., supra. “The State is immune from suit unless and until it has expressly consented to be sued.

ATLANTIC MICROFILM CORPORATION v. Turner

7 N.C. App. 258 · Court of Appeals of North Carolina · Feb 25, 1970

Highway Commission, 230 N.C. 489 , 53 S.E. 2d 517 (1949), it is said: “That the sovereign may not be sued, either in its own courts or elsewhere, without its consent, is an established principle of jurisprudence in all civilized … Lee, 106 U.S. 196, 25 R.C.L. 412. * * * ‘The State is immune from suit unless and until it has expressly consented to be sued.

Geiger v. Guilford College Community Volunteer Firemen's Ass'n

668 F. Supp. 492 · District Court, M.D. North Carolina · Aug 25, 1987

Defendant is thus entitled to sovereign immunity. A county’s sovereign immunity is absolute unless a statute modifies the immunity. … And as the court has already stated, the facts of this case do not establish any party’s negligence as a matter of law.

Crazie Overstock Promotions, LLC v. State of North Carolina

Supreme Court of North Carolina · Jun 11, 2021

, public official immunity, and qualified immunity and asserting that Crazie Overstock’s request for a declaratory judgment that its Rewards Program did not violate N.C.G.S. § 14-306.4 failed to state a claim … , sovereign immunity, qualified immunity, and estoppel

Orbitz, LLC v. Hoyle

2013 NCBC 33 · North Carolina Business Court · Jun 21, 2013

Plaintiffs acknowledge that they qualify as facilitators under the Amendments. (Compl. ¶ 80.) … “[S]overeign immunity is not a constitutional right[,] [but rather] a common law theory or defense established by th[e] [c]ourt[s] . . . .” Id. at 786, 413 S.E.2d at 292.

Orbitz, LLC v. Hoyle

2013 NCBC 29 · North Carolina Business Court · May 28, 2013

Plaintiffs acknowledge that they qualify as facilitators under the Amendments. (Compl. ¶ 80.) … “[S]overeign immunity is not a constitutional right[,] [but rather] a common law theory or defense established by th[e] [c]ourt[s] . . . .” Id. at 786, 413 S.E.2d at 292.

Carpenter v. Atlanta & Charlotte Air Line Railway Co.

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. Tbe State is a political corporate body, can act only through agents, and can command only by laws.

Swanson v. State

329 N.C. 576 · Supreme Court of North Carolina · Aug 14, 1991

If the decision of Davis had been clearly foreshadowed we do not *583 believe so many states would have adopted such plans. … The Fourth Circuit Court of Appeals said “how the intergovernmental tax immunity doctrine and 4 U.S.C. § 111 applied to North Carolina’s revenue statutes was anything but clearly established prior to Davis."

Bartley v. City of High Point

Supreme Court of North Carolina · Jun 17, 2022

Conclusion ¶ 33 To establish that Officer Blackman is not entitled to the defense of public official immunity, and thus to defeat his motion for summary judgment, Mr. … City of Virginia Beach, the Fourth Circuit affirmed an award of qualified immunity at the summary judgment stage in an excessive force claim based on unduly tight handcuffing. 817 F.