State v. Nunnally: Stipulations and Express Consent Foreclose Harbison Claims; Implied Concession Requires a Clear “Functional Equivalent” Admission Supreme Court of North Carolina (22 May 2026) —...
Occupancy-Tax “Tourism-Related Expenditures” Include Tourism-Driven Public Safety When Reasonably So Judged by Commissioners I. Introduction Costanzo v. Currituck County (N.C. May 22, 2026) addresses...
Rule 6(e) Does Not Extend the APA’s 60-Day Deadline to Commence a Contested Case Introduction Bradley Home, Caring for Wake Community and the Carolinas, Inc. (operating two licensed mental health...
Langley v. Autocraft, Inc.: Indefinite Owner-Financed Equity Terms Render an Entire Ownership Provision Unenforceable (and Equity Cannot Cure Indefiniteness) 1. Introduction Case: Langley v....
“Practicable” Means Feasible and Fair: North Carolina Clarifies Performance-Based Regulation Limits Under N.C.G.S. § 62-133.16 Case: State ex rel. N.C. Utils. Comm'n v. Carolina Indus. Grp. for Fair...
State v. Hague: Victim’s Felony Convictions as Rule 404(b) State-of-Mind Evidence in Self-Defense 1. Introduction In State v. Hague (N.C. May 22, 2026), the Supreme Court of North Carolina addressed...
State v. Rowdy: Odor of Marijuana Remains a Totality-of-the-Circumstances Factor for Reasonable Suspicion and Probable Cause After Hemp Legalization I. Introduction In State v. Rowdy (N.C. May 22,...
Rule 10(a)(3) Requires Offense-Specific Motions to Dismiss to Preserve Sufficiency Claims I. Introduction State v. Tadlock (N.C. May 22, 2026) is a preservation decision with practical consequences...
“Practicable” Subsidy Minimization Under PBR: Fairness-and-Rate‑Shock Factors, EV-Decoupling Exclusions Without EV-Specific Tariffs, and Deference to NCUC Technical Judgments I. Introduction In State...
Inflammatory Evidence Alone Does Not Establish Plain Error Absent a Probable Different Verdict (State v. Hicks) Court: Supreme Court of North Carolina Date: 22 May 2026 Case: State of North Carolina...
Ascertainability Requires an Objective, Administrable Method of Identifying Class Members Without Individualized “Mini-Trials” 1. Introduction Surgeon v. TKO Shelby, LLC (N.C. May 22, 2026) is the...
In re J.C.C. (2026): Censure for Post-Oath Law Practice and Renewed Scrutiny of the Supreme Court’s Disciplinary Power 1. Introduction In re Inquiry Concerning a Judge, No. 25-148 SEAN A. COLE is a...
Pleadings-Defined Subject-Matter Jurisdiction: Unpled Statewide “Facial” Education Claims Render Post-2017 Leandro Orders Void Ab Initio Case: Hoke Cnty. Bd. of Educ. v. State (N.C. Apr. 2, 2026) |...
Talley v. Earth Fare 2020, Inc.: WHA Coverage Turns on Whether the Worker Was “Employed” for the Claimed Services—Not on an Unconsummated Equity “Deal” 1. Introduction In Talley v. Earth Fare 2020,...
Byrd v. Avco Corp. (N.C. 2026): Interlocutory Appeals Allowed from Denials of Statutes of Repose—Repose as an Immunity from Suit (Overruling Lee v. Baxter) I. Introduction Byrd v. Avco Corp. arises...
Warren v. Cielo Ventures: Contractual One-Year Limitations Periods Are Enforceable Against UDTPA Claims Absent a Statutory Prohibition and Unreasonableness Court: Supreme Court of North Carolina...
Objective Business Records Can Satisfy Ascertainability for North Carolina Class Actions Challenging County Solid-Waste Fees Case: Armistead v. County of Carteret (N.C. Supreme Court, 20 March 2026)...
Rule 52 DVPO Findings: Incorporation-by-Reference Permitted When the Trial Court Independently Assesses Credibility and Meaningfully Adopts Only Corroborated Allegations Case: Jay v. Jay, Supreme...
Wardson Constr., Inc. v. City of Raleigh: N.C.G.S. § 160D-106 Refunds Run to the “Person Who Made the Payment,” Rendering “Passing-On” Arguments Insufficient to Defeat Rule 23 Class Certification I....
In re N.M.W.: Court of Appeals Must Follow Supreme Court Juvenile-Code Precedent; “Magic Words” Not Required for N.C.G.S. § 7B-906.2(d) Findings 1. Introduction In re N.M.W. and A.N.D. (N.C. Mar. 20,...