North Carolina Case Commentaries

Establishing the Presumption of Good Faith and Immunity in Defamation Claims Under N.C.G.S. § 7B-301: Analysis of TAMMIE DOBSON v. HOLLY HARRIS and J.C. PENNEY COMPANY, INC.

Date: Jun 2, 2000

Establishing the Presumption of Good Faith and Immunity in Defamation Claims Under N.C.G.S. § 7B-301: Analysis of Tammie Dobson v. Holly Harris and J.C. Penney Company, Inc. Introduction Tammie...

STATE v. LEMONS: Confrontation Clause in Capital Sentencing Proceedings

Date: Jun 2, 2000

STATE v. LEMONS: Confrontation Clause in Capital Sentencing Proceedings Introduction State of North Carolina v. Edward Lemons (352 N.C. 87, 2000) is a pivotal case addressing the application of the...

Poor v. Hill: Establishing Distinct Damages for Breach of Contract and Unfair Trade Practices

Date: May 2, 2000

Poor v. Hill: Establishing Distinct Damages for Breach of Contract and Unfair Trade Practices Introduction In Poor v. Hill, adjudicated by the North Carolina Court of Appeals on May 1, 2000, the...

Comprehensive Commentary on STATE OF NORTH CAROLINA v. HENRY LOUIS WALLACE

Date: May 2, 2000

STATE OF NORTH CAROLINA v. HENRY LOUIS WALLACE: Upholding the Constitutionality of Short-Form Indictments and the Imposition of Multiple Death Sentences Introduction STATE OF NORTH CAROLINA v. HENRY...

Reaffirming the Sufficiency of Circumstantial Evidence in Child Abuse and Manslaughter Convictions: STATE v. FRITSCH

Date: Apr 2, 2000

Reaffirming the Sufficiency of Circumstantial Evidence in Child Abuse and Manslaughter Convictions: STATE v. FRITSCH Introduction State of North Carolina v. Kimberly Braxton Fritsch is a pivotal case...

Establishing Malice Through Attitudinal Circumstances in Second-Degree Murder: STATE OF NORTH CAROLINA v. MATTHEW THOMAS RICH

Date: Apr 2, 2000

Establishing Malice Through Attitudinal Circumstances in Second-Degree Murder: State of North Carolina v. Matthew Thomas Rich Introduction In the case of State of North Carolina v. Matthew Thomas...

Fortune Insurance Co. v. Owens: Determining Applicable Law for Out-of-State Policies

Date: Apr 2, 2000

Fortune Insurance Co. v. Owens: Determining Applicable Law for Out-of-State Policies Introduction The case of Fortune Insurance Company v. Gary Edgar Owens, Johna R. Hart, Louis L. Gilmore, decided...

The Non-existence of "Attempted Second-Degree Murder" in North Carolina Law: An Analysis of STATE v. COBLE

Date: Apr 2, 2000

The Non-existence of "Attempted Second-Degree Murder" in North Carolina Law: An Analysis of State of North Carolina v. Jerry Alfred Coble Introduction State of North Carolina v. Jerry Alfred Coble is...

Enhanced Scrutiny of Hearsay Exceptions in Child Abuse Cases: Insights from STATE OF NORTH CAROLINA v. GEORGE ELTON HINNANT

Date: Feb 2, 2000

Enhanced Scrutiny of Hearsay Exceptions in Child Abuse Cases: Insights from State of North Carolina v. George Elton Hinnant Introduction State of North Carolina v. George Elton Hinnant is a pivotal...

Reverted Pension Funds Not Business Income Under Functional Test: Union Carbide v. Offerman

Date: Feb 2, 2000

Reverted Pension Funds Not Business Income Under Functional Test: Union Carbide v. Offerman Introduction The case of Union Carbide Corporation v. Muriel K. Offerman, adjudicated by the Supreme Court...

North Carolina Supreme Court Establishes "Injury-in-Fact" Trigger for Insurance Coverage in GASTON COUNTY DYEING MACHINE CO. v. NORTHFIELD INS. CO.

Date: Feb 2, 2000

North Carolina Supreme Court Establishes "Injury-in-Fact" Trigger for Insurance Coverage in Gaston County Dyeing Machine Co. v. Northfield Insurance Company Introduction The case of Gaston County...

Substantial Right Exception for Interlocutory Appeals in Discovery Orders: SHARPE v. WORLAND

Date: Dec 2, 1999

Substantial Right Exception for Interlocutory Appeals in Discovery Orders: SHARPE v. WORLAND Introduction SHARPE v. WORLAND, 351 N.C. 159 (1999), is a pivotal case from the Supreme Court of North...

Permissive Interlocutory Appeals in Condemnation Proceedings: Insights from Department of Transportation v. Rowe et al.

Date: Dec 2, 1999

Permissive Interlocutory Appeals in Condemnation Proceedings: Insights from Department of Transportation v. Rowe et al. Introduction Department of Transportation v. Rowe et al., 351 N.C. 172 (1999),...

Employee Self-Dealing Under N.C.G.S. § 75-1.1: Constructive Trust Imposed in Sara Lee Corp. v. Stephen Dowell Carter

Date: Oct 2, 1999

Employee Self-Dealing Under N.C.G.S. § 75-1.1: Constructive Trust Imposed in Sara Lee Corp. v. Stephen Dowell Carter Introduction The case of Sara Lee Corporation v. Stephen Dowell Carter,...

Adoption of Objective Standard for Probable Cause in Traffic Stops: STATE OF NORTH CAROLINA v. PAUL DENNIS McCLENDON, JR.

Date: Jul 2, 1999

Adoption of Objective Standard for Probable Cause in Traffic Stops: STATE OF NORTH CAROLINA v. PAUL DENNIS McCLENDON, JR. Introduction STATE OF NORTH CAROLINA v. PAUL DENNIS McCLENDON, JR. is a...

Liability of School Crossing Guards Affirmed: North Carolina Supreme Court Limits Public Duty Doctrine

Date: Jul 2, 1999

Liability of School Crossing Guards Affirmed: North Carolina Supreme Court Limits Public Duty Doctrine Introduction The Supreme Court of North Carolina, in the case of Isenhour v. Dually, established...

Confidentiality vs. Public Access: N.C. Supreme Court Upholds Seal of Medical Peer Review Records

Date: Jun 2, 1999

Confidentiality vs. Public Access: N.C. Supreme Court Upholds Seal of Medical Peer Review Records Introduction In the landmark case of A. Ron Virmani, M.D. v. Presbyterian Health Services Corp., the...

Necessity of Proper Jury Instructions on Aggravating Circumstances in Capital Sentencing: STATE OF NORTH CAROLINA v. CORNELIUS ALVIN NOBLES Commentary

Date: Jun 2, 1999

Necessity of Proper Jury Instructions on Aggravating Circumstances in Capital Sentencing: STATE OF NORTH CAROLINA v. CORNELIUS ALVIN NOBLES Commentary Introduction STATE OF NORTH CAROLINA v....

Affirming Procedural Safeguards and Evidentiary Standards in Capital Sentencing: State v. Walic Christopher Thomas

Date: May 2, 1999

Affirming Procedural Safeguards and Evidentiary Standards in Capital Sentencing: State v. Walic Christopher Thomas Introduction In the landmark case of State of North Carolina v. Walic Christopher...

Expanded Liability for Auditors: Insights from Marcus Brothers Textiles, Inc. v. Price Waterhouse, LLP

Date: Apr 2, 1999

Expanded Liability for Auditors: Insights from Marcus Brothers Textiles, Inc. v. Price Waterhouse, LLP Introduction The case of Marcus Brothers Textiles, Inc. v. Price Waterhouse, LLP serves as a...