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  • Commentaries
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North Carolina Case Commentaries

Export Credits Carryforward Affirmed: Analysis of Philip Morris USA, Inc. v. North Carolina Department of Revenue

Export Credits Carryforward Affirmed: Analysis of Philip Morris USA, Inc. v. North Carolina Department of Revenue

Date: Dec 18, 2024
Export Credits Carryforward Affirmed: Analysis of Philip Morris USA, Inc. v. North Carolina Department of Revenue Introduction The Supreme Court of North Carolina delivered a pivotal decision on...
Waiver of Statutory Competency Hearing Rights in STATE OF NORTH CAROLINA v. JAMEY LAMONT WILKINS

Waiver of Statutory Competency Hearing Rights in STATE OF NORTH CAROLINA v. JAMEY LAMONT WILKINS

Date: Dec 18, 2024
Waiver of Statutory Competency Hearing Rights in State of North Carolina v. Jamey Lamont Wilkins Introduction In State of North Carolina v. Jamey Lamont Wilkins, the Supreme Court of North Carolina...
Supreme Court of North Carolina Upholds 'Direct Physical Loss' Coverage for Business Interruption Due to COVID-19 Restrictions

Supreme Court of North Carolina Upholds 'Direct Physical Loss' Coverage for Business Interruption Due to COVID-19 Restrictions

Date: Dec 18, 2024
Supreme Court of North Carolina Upholds 'Direct Physical Loss' Coverage for Business Interruption Due to COVID-19 Restrictions Introduction The landmark case involving multiple North Carolina-based...
Navigating Rule 404(b) Admissibility in Capital Sentencing: Comprehensive Commentary on State of North Carolina v. Seaga Edward Gillard

Navigating Rule 404(b) Admissibility in Capital Sentencing: Comprehensive Commentary on State of North Carolina v. Seaga Edward Gillard

Date: Dec 18, 2024
Navigating Rule 404(b) Admissibility in Capital Sentencing: Comprehensive Commentary on State of North Carolina v. Seaga Edward Gillard Introduction State of North Carolina v. Seaga Edward Gillard is...
Clarifying the Removal Procedure for Superior Court Clerks Under Article IV of the North Carolina Constitution

Clarifying the Removal Procedure for Superior Court Clerks Under Article IV of the North Carolina Constitution

Date: Dec 18, 2024
Clarifying the Removal Procedure for Superior Court Clerks Under Article IV of the North Carolina Constitution Introduction The case of In the Matter of Patricia Burnette Chastain adjudicated by the...
Strict Preservation Requirement for Constitutional Challenges in Juvenile Custody Cases Established in In re K.C.

Strict Preservation Requirement for Constitutional Challenges in Juvenile Custody Cases Established in In re K.C.

Date: Dec 18, 2024
Strict Preservation Requirement for Constitutional Challenges in Juvenile Custody Cases Established in In re K.C. Introduction In the landmark case In re K.C., decided by the Supreme Court of North...
Cato Corporation v. Zurich American Insurance Co.: Contamination Exclusions Affirmed for Viral Losses

Cato Corporation v. Zurich American Insurance Co.: Contamination Exclusions Affirmed for Viral Losses

Date: Dec 18, 2024
Cato Corporation v. Zurich American Insurance Co.: Contamination Exclusions Affirmed for Viral Losses Introduction Cato Corporation, a Delaware-based clothing retailer, with over 1,300 stores...
Supreme Court of North Carolina Establishes Enhanced Standards for Custody Determinations in Juvenile Abuse Cases

Supreme Court of North Carolina Establishes Enhanced Standards for Custody Determinations in Juvenile Abuse Cases

Date: Dec 18, 2024
Supreme Court of North Carolina Establishes Enhanced Standards for Custody Determinations in Juvenile Abuse Cases Introduction In the landmark case In the Matter of L.L., decided by the Supreme Court...
“Direct Physical Loss” Includes COVID-19 Shutdowns: North Carolina Supreme Court Expands Business Income Coverage Under All-Risk Policies

“Direct Physical Loss” Includes COVID-19 Shutdowns: North Carolina Supreme Court Expands Business Income Coverage Under All-Risk Policies

Date: Dec 14, 2024
“Direct Physical Loss” Includes COVID-19 Shutdowns: North Carolina Supreme Court Expands Business Income Coverage Under All-Risk Policies Introduction In N. State Deli, LLC v. Cincinnati Ins. Co.,...
Ambiguity in Land-Use Ordinances Resolved for Free Use of Property

Ambiguity in Land-Use Ordinances Resolved for Free Use of Property

Date: Dec 14, 2024
Ambiguity in Land-Use Ordinances Resolved for Free Use of Property Introduction Schooldev East, LLC v. Town of Wake Forest, decided December 13, 2024 by the Supreme Court of North Carolina, addressed...
State v. Wilkins: Waiver of Statutory Competency Hearing Rights under Section 15A-1002

State v. Wilkins: Waiver of Statutory Competency Hearing Rights under Section 15A-1002

Date: Dec 14, 2024
State v. Wilkins: Waiver of Statutory Competency Hearing Rights under Section 15A-1002 Introduction The Supreme Court of North Carolina decision in State v. Wilkins, 378 N.C. 1 (2024), addresses...
Right to Carry Forward Excess Export Credits: Interpretation of “Credit Allowed” in N.C.G.S. § 105-130.45

Right to Carry Forward Excess Export Credits: Interpretation of “Credit Allowed” in N.C.G.S. § 105-130.45

Date: Dec 14, 2024
Right to Carry Forward Excess Export Credits: Interpretation of “Credit Allowed” in N.C.G.S. § 105-130.45 Introduction This appeal arises from a dispute between Philip Morris USA, Inc. (“Philip...
Clarifying Findings in Juvenile Permanency Planning and Relative Placement under North Carolina Law

Clarifying Findings in Juvenile Permanency Planning and Relative Placement under North Carolina Law

Date: Dec 14, 2024
Clarifying Findings in Juvenile Permanency Planning and Relative Placement under North Carolina Law 1. Introduction This commentary examines the North Carolina Supreme Court’s decision in In re L.L....
Clarifying Authority, Due Process, and Misconduct Standard in Article IV Removal of County Clerks

Clarifying Authority, Due Process, and Misconduct Standard in Article IV Removal of County Clerks

Date: Dec 14, 2024
Clarifying Authority, Due Process, and Misconduct Standard in Article IV Removal of County Clerks Introduction In In re Chastain, 383 N.C. 1 (2024), the Supreme Court of North Carolina addressed...
Clarification of “Total Loss of Wage-Earning Capacity” Under N.C.G.S. § 97-29(c): Sturdivant v. N.C. Dep’t of Public Safety

Clarification of “Total Loss of Wage-Earning Capacity” Under N.C.G.S. § 97-29(c): Sturdivant v. N.C. Dep’t of Public Safety

Date: Dec 14, 2024
Clarification of “Total Loss of Wage-Earning Capacity” Under N.C.G.S. § 97-29(c) Introduction Sturdivant v. North Carolina Department of Public Safety, decided December 13, 2024, by the Supreme Court...
Admissibility of Prior Sexual Assaults Under Rule 404(b) & Capital Sentencing Evidence: State v. Gillard

Admissibility of Prior Sexual Assaults Under Rule 404(b) & Capital Sentencing Evidence: State v. Gillard

Date: Dec 14, 2024
Admissibility of Prior Sexual Assaults Under Rule 404(b) & Capital Sentencing Evidence: State v. Gillard Introduction In State v. Gillard, the North Carolina Supreme Court reviewed the convictions...
Preserving Constitutional Challenges in Juvenile Removal Proceedings: The Requirement to Raise As-Applied Claims Under North Carolina’s Juvenile Code

Preserving Constitutional Challenges in Juvenile Removal Proceedings: The Requirement to Raise As-Applied Claims Under North Carolina’s Juvenile Code

Date: Dec 14, 2024
Preserving Constitutional Challenges in Juvenile Removal Proceedings: The Requirement to Raise As-Applied Claims Under North Carolina’s Juvenile Code Introduction In In re K.C., 381 N.C. 1 (2024),...
Exclusion of Viral Contamination Bars Coverage Despite Direct Physical Loss Allegations

Exclusion of Viral Contamination Bars Coverage Despite Direct Physical Loss Allegations

Date: Dec 14, 2024
Exclusion of Viral Contamination Bars Coverage Despite Direct Physical Loss Allegations Introduction The Supreme Court of North Carolina’s decision in Cato Corp. v. Zurich American Insurance Co., No....
Appellate Review Bound by Parties' Arguments: Supreme Court Upholds Lien Validity in Bottoms Towing v. Circle of Seven

Appellate Review Bound by Parties' Arguments: Supreme Court Upholds Lien Validity in Bottoms Towing v. Circle of Seven

Date: Aug 24, 2024
Appellate Review Bound by Parties' Arguments: Supreme Court Upholds Lien Validity in Bottoms Towing v. Circle of Seven Introduction The case of Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC...
Enhancing Appellate Review Standards in Juvenile Neglect and Dependency Cases: In re A.J., J.C., J.C.

Enhancing Appellate Review Standards in Juvenile Neglect and Dependency Cases: In re A.J., J.C., J.C.

Date: Aug 24, 2024
Enhancing Appellate Review Standards in Juvenile Neglect and Dependency Cases: In re A.J., J.C., J.C. Introduction The Supreme Court of North Carolina, in the case of In re A.J., J.C., J.C. (904...
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