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  • Commentaries
  • Judgments

North Carolina Case Commentaries

Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Date: Aug 26, 2025
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina 1. Introduction In Cutter v. Vojnovic, the Supreme Court of...
“Present Candor over Past Reform” – Devalle v. N.C. Sheriffs’ Education & Training Standards Commission

“Present Candor over Past Reform” – Devalle v. N.C. Sheriffs’ Education & Training Standards Commission

Date: Aug 26, 2025
“Present Candor over Past Reform” The North Carolina Supreme Court Redefines the Temporal Focus of the “Good Moral Character” Inquiry for Justice-Officer Certification 1. Introduction In Devalle v....
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification

Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification

Date: Aug 26, 2025
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification 1. Introduction Durbin v. Durbin, decided by the Supreme Court of North...
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies

Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies

Date: Aug 26, 2025
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies Introduction In Howell v. Cooper (22 Aug 2025) the...

        “Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: 
        The Twin Doctrines Reaffirmed in In re E.H. & R.H. (N.C. 2025)

“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: The Twin Doctrines Reaffirmed in In re E.H. & R.H. (N.C. 2025)

Date: Aug 26, 2025
“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: A Comprehensive Commentary on In re E.H. & R.H., Supreme Court of North Carolina (2025) 1. Introduction The Supreme Court of...
No-Inducement Standard for North Carolina Referral-Sales Claims – A Commentary on Jackson v. Home Depot U.S.A., Inc.

No-Inducement Standard for North Carolina Referral-Sales Claims – A Commentary on Jackson v. Home Depot U.S.A., Inc.

Date: Aug 26, 2025
No-Inducement Standard for North Carolina Referral-Sales Claims Jackson v. Home Depot U.S.A., Inc. (N.C. 2025) I. Introduction Jackson v. Home Depot U.S.A., Inc. is the North Carolina Supreme Court’s...
“Situational-Awareness” and Contributory Negligence:  The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

Date: Aug 26, 2025
“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (Supreme Court of North Carolina, 2025) 1. Introduction Moseley v. Hendricks is a sharply divided...
From “Rational” to “Reasonable”:  N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

From “Rational” to “Reasonable”: N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

Date: Aug 26, 2025
From “Rational” to “Reasonable”: N.C. Bar & Tavern Association v. Stein (2025) and the Re-Tooling of Fruits-of-Labor Doctrine Introduction In N.C. Bar and Tavern Association v. Stein, the Supreme...
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Date: Aug 26, 2025
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges: A Full Commentary on N.C. Department of Revenue v. Philip Morris USA, Inc., Supreme Court of North Carolina...
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

Date: Aug 26, 2025
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation” 1. Introduction Savage v. N.C. Dep’t of Transportation, No....
Household-Pet or Livestock? –  Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Household-Pet or Livestock? – Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Date: Aug 26, 2025
Household-Pet or Livestock? Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes 1. Introduction In Schroeder v. Oak Grove Farm...
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

Date: Aug 26, 2025
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches Introduction In State v. Wright, No. 258PA23 (N.C. Aug. 22, 2025), the Supreme Court of...
Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Date: Aug 26, 2025
Revesting Title and Judicial Power to Undo Private-Purpose Takings A Comprehensive Commentary on Town of Apex v. Rubin, Supreme Court of North Carolina (2025) 1. Introduction Town of Apex v. Rubin is...
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Date: Aug 26, 2025
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking A Comprehensive Commentary on Town of Apex v. Rubin, 385 N.C. ___ (2025) 1. Introduction In Town of Apex v. Rubin, the...
Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions: State v. Bowman (2025)

Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions: State v. Bowman (2025)

Date: May 24, 2025
Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions Introduction In State v. Bowman, 386 N.C. 1 (2025), the Supreme Court of North Carolina addressed a fundamental question: when a...
Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications

Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications

Date: May 24, 2025
Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications Introduction Jones v. J. Kim Hatcher Insurance Agencies, Inc., decided by the Supreme Court of North Carolina on May...
Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns

Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns

Date: May 24, 2025
Public Official Immunity Does Not Extend to University Administrators: Hwang v. Cairns Introduction Hwang v. Cairns is a landmark decision by the Supreme Court of North Carolina, filed on May 23,...
Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement

Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement

Date: May 24, 2025
Validation of Mid-Deliberation Juror Substitution in North Carolina: Upholding the Twelve-Person Jury Requirement Introduction State of North Carolina v. Eric Ramond Chambers, decided May 23, 2025 by...
In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications

In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications

Date: May 24, 2025
In re L.C.: Affirming the “Natural Reasoning” Standard for Neglect Adjudications Introduction In In re L.C., 383 N.C. __ (May 23, 2025), the Supreme Court of North Carolina clarified the level of...
Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b)

Date: May 24, 2025
Judicial DWI Misconduct and Censure Standards Under Canons 1 & 2A and N.C.G.S. § 7A-376(b) Introduction In re Kimble (No. 321A24) is a 2025 decision of the Supreme Court of North Carolina addressing...
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