North Carolina Case Commentaries

Emails as a Signed “Memorandum or Note” Satisfying North Carolina’s Statute of Frauds for Guaranties

Date: Mar 21, 2026

Emails as a Signed “Memorandum or Note” Satisfying North Carolina’s Statute of Frauds for Guaranties I. Introduction In Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan (N.C. Mar. 20,...

State v. Perry: “More Than a Scintilla” and the Whole-Record Approach to Armed Robbery Sufficiency (Including Rule 404(b) Intent Evidence)

Date: Mar 21, 2026

State v. Perry: “More Than a Scintilla” and the Whole-Record Approach to Armed Robbery Sufficiency (Including Rule 404(b) Intent Evidence) Case: State v. Perry (N.C. Supreme Court) | Date: 20 March...

State v. Thomas: Structured Sentencing Overrides § 15A-1335 When Remand Requires Correction of an Illegal Sentence

Date: Mar 21, 2026

State v. Thomas: Structured Sentencing Overrides § 15A-1335 When Remand Requires Correction of an Illegal Sentence 1. Introduction In State v. Thomas (N.C. Mar. 20, 2026), the Supreme Court of North...

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

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

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

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.

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

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

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

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

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

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)

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

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

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)

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....

Predominance Bars Class Certification When Declaratory Exaction Claims Require Parcel-by-Parcel Valuation and Rough-Proportionality Proof

Date: Dec 13, 2025

Predominance Bars Class Certification When Declaratory Exaction Claims Require Parcel-by-Parcel Valuation and Rough-Proportionality Proof Case: Empire Contractors, Inc. v. Town of Apex Court: Supreme...

When “Replenishments” Become Gift Cards: North Carolina Taxes Prepaid Wireless at Sale, but Stored-Value Replenishments at Redemption

Date: Dec 13, 2025

When “Replenishments” Become Gift Cards: North Carolina Taxes Prepaid Wireless at Sale, but Stored-Value Replenishments at Redemption Case: N.C. Dep't of Revenue v. Wireless Ctr. of NC, Inc. —...

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...