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  • Commentaries
  • Judgments

North Carolina Case Commentaries

State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard

State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard

Date: Dec 13, 2025
State v. Bracey: Inferring Knowledge of a Stolen Firearm from Flight, Concealment, and Deception under North Carolina’s Substantial Evidence Standard I. Introduction The Supreme Court of North...
“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham

“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham

Date: Dec 13, 2025
“You Know What You Did” Is Not Enough: Specificity in Zoning Notices of Violation under Durham Green Flea Market v. City of Durham I. Introduction In Durham Green Flea Market v. City of Durham, the...
Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees

Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees

Date: Dec 13, 2025
Empire Contractors, Inc. v. Town of Apex: Individualized Valuation and Rough-Proportionality Inquiries Defeat Predominance in Class Actions Challenging Development Fees I. Introduction In Empire...
Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Estate, LLC v. JS Real Estate Investments, LLC

Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Estate, LLC v. JS Real Estate Investments, LLC

Date: Dec 13, 2025
Contractual Formalism and No Fiduciary Duty for Majority Coalitions in North Carolina LLCs: Commentary on Gvest Real Est., LLC v. JS Real Est. Invs., LLC I. Introduction The Supreme Court of North...
Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H.

Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H.

Date: Dec 13, 2025
Issue Preclusion, Privity, and Juvenile Abuse Petitions in North Carolina: A Commentary on In re A.D.H. I. Introduction The Supreme Court of North Carolina’s decision in In re A.D.H., No. 265PA24...
“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings

“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings

Date: Dec 13, 2025
“Indefinite Means Indefinite”: Mata v. N.C. Dep’t of Transportation and the Measure of Just Compensation for Map Act Corridor Takings I. Introduction The Supreme Court of North Carolina’s decision in...
Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose

Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose

Date: Dec 13, 2025
Cottle v. Mankin: Negligent Retention Claims Against Corporate Clinics as Medical Malpractice Actions Subject to North Carolina’s Statute of Repose I. Introduction The Supreme Court of North...
State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina

State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina

Date: Dec 13, 2025
State v. Allison: Mandatory Castle Doctrine Instructions and the Exclusivity of Statutory Rebuttal in North Carolina I. Introduction State v. Allison, No. 103PA24 (N.C. Dec. 12, 2025), is a major...
Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation

Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation

Date: Dec 13, 2025
Mandatory Joinder of Map Act Takings in Direct Condemnation Actions: Commentary on Sanders v. N.C. Dep't of Transportation I. Introduction This commentary examines the Supreme Court of North...
Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control

Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control

Date: Dec 13, 2025
Lassiter v. Robeson County Sheriff’s Department: Recalibrating North Carolina’s Joint Employment Doctrine and the Centrality of Control I. Introduction The Supreme Court of North Carolina’s decision...
Actual Knowledge and Attempted Obstruction: A Commentary on State v. Ford (N.C. 2025)

Actual Knowledge and Attempted Obstruction: A Commentary on State v. Ford (N.C. 2025)

Date: Dec 13, 2025
Actual Knowledge and Attempted Obstruction: Commentary on State v. Ford, Supreme Court of North Carolina (2025) I. Introduction In State v. Ford, No. 31A24 (Dec. 12, 2025), the Supreme Court of North...
Functional Characterization of Prepaid Wireless Products and Stored‑Value Cards under North Carolina Sales and Use Tax Law

Functional Characterization of Prepaid Wireless Products and Stored‑Value Cards under North Carolina Sales and Use Tax Law

Date: Dec 13, 2025
Functional Characterization of Prepaid Wireless Products and Stored‑Value Cards under North Carolina Sales and Use Tax Law I. Introduction In North Carolina Department of Revenue v. Wireless Center...
State v. Calderon: Unifying the Indecent Liberties Doctrine Through the “Distinct Interruption” Test

State v. Calderon: Unifying the Indecent Liberties Doctrine Through the “Distinct Interruption” Test

Date: Dec 13, 2025
State v. Calderon: Unifying the Indecent Liberties Doctrine Through the “Distinct Interruption” Test I. Introduction The Supreme Court of North Carolina’s decision in State v. Calderon (No. 238A23,...
De Novo Resentencing and the Limits of Appellate Mandates: Commentary on State v. Kelliher (N.C. 2025)

De Novo Resentencing and the Limits of Appellate Mandates: Commentary on State v. Kelliher (N.C. 2025)

Date: Dec 13, 2025
De Novo Resentencing and the Limits of Appellate Mandates: Commentary on State v. Kelliher (N.C. 2025) I. Introduction The Supreme Court of North Carolina’s 2025 decision in State v. Kelliher (No....
EDTPA Immunity Is Immunity from Liability, Not Suit—No Immediate Appeal Under N.C.G.S. § 1‑277(a) or (b)

EDTPA Immunity Is Immunity from Liability, Not Suit—No Immediate Appeal Under N.C.G.S. § 1‑277(a) or (b)

Date: Oct 22, 2025
EDTPA Immunity Is Immunity from Liability, Not Suit—No Immediate Appeal Under N.C.G.S. § 1‑277(a) or (b) Introduction In Land v. Whitley (Supreme Court of North Carolina, Oct. 17, 2025), the Court...
Unforeseeable Chains of Events and Generalized Warnings Do Not Establish Proximate Cause: Long v. Fowler (N.C. 2025)

Unforeseeable Chains of Events and Generalized Warnings Do Not Establish Proximate Cause: Long v. Fowler (N.C. 2025)

Date: Oct 22, 2025
Unforeseeable Chains of Events and Generalized Warnings Do Not Establish Proximate Cause: Long v. Fowler (N.C. 2025) Introduction In Long v. Fowler, the Supreme Court of North Carolina affirmed...
Mauck v. Cherry Oil Co.: Put/Call Shareholder Agreements Can Defeat Meiselman Dissolution Absent Pleaded “Reasonable Necessity” Under N.C.G.S. § 55-14-30(2)(ii)

Mauck v. Cherry Oil Co.: Put/Call Shareholder Agreements Can Defeat Meiselman Dissolution Absent Pleaded “Reasonable Necessity” Under N.C.G.S. § 55-14-30(2)(ii)

Date: Oct 22, 2025
Mauck v. Cherry Oil Co.: Put/Call Shareholder Agreements Can Defeat Meiselman Dissolution Absent Pleaded “Reasonable Necessity” Under N.C.G.S. § 55-14-30(2)(ii) Introduction This North Carolina...
No Binding Agency Deference in North Carolina: Mitchell mandates de novo review of state administrative regulations

No Binding Agency Deference in North Carolina: Mitchell mandates de novo review of state administrative regulations

Date: Oct 22, 2025
No Binding Agency Deference in North Carolina: Mitchell v. UNC Board of Governors mandates de novo review of state administrative regulations Introduction In Mitchell v. University of North Carolina...
General Permit Conditions That Function as Regulations Are “Rules”: North Carolina Supreme Court Requires APA Rulemaking for Broad Animal‑Waste Permit Conditions

General Permit Conditions That Function as Regulations Are “Rules”: North Carolina Supreme Court Requires APA Rulemaking for Broad Animal‑Waste Permit Conditions

Date: Oct 22, 2025
General Permit Conditions That Function as Regulations Are “Rules”: The North Carolina Supreme Court Requires APA Rulemaking for Broad Animal‑Waste Permit Conditions Case: N.C. Dep't of Env't...
Reviewing the ALJ, Not the Agency, and Recognizing “But-For” Prejudice in Two‑Applicant CON Contests: The North Carolina Supreme Court’s Decision in Pinnacle Health Services v. NCDHHS

Reviewing the ALJ, Not the Agency, and Recognizing “But-For” Prejudice in Two‑Applicant CON Contests: The North Carolina Supreme Court’s Decision in Pinnacle Health Services v. NCDHHS

Date: Oct 22, 2025
Reviewing the ALJ, Not the Agency, and Recognizing “But-For” Prejudice in Two‑Applicant CON Contests Pinnacle Health Services of N.C., LLC v. N.C. Department of Health & Human Services (N.C. Oct. 17,...
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