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) Introduction This North Carolina...
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”: 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 Pinnacle Health Services of N.C., LLC v. N.C. Department of Health & Human Services (N.C. Oct. 17,...
State v. Chemuti: Superior-Court Petition Is the Exclusive Path to Obtain Law‑Enforcement Recordings Under N.C.G.S. § 132‑1.4A Introduction In State v. Chemuti (Supreme Court of North Carolina, Oct....
State v. Lail (N.C. 2025): Misstating the Rule 403 Standard Constitutes Abuse of Discretion; Plain Error Review Does Not Reach Discretionary Evidentiary Rulings Introduction In State v. Lail, the...
State v. Norman: Probable Cause for a Vehicle Search Warrant Can Rest on Distinctive Vehicle Identification and a Fictitious Plate—No Need to Resolve Knock-and-Talk Legality When Tainted Facts Are...
Rogers Overrules Carter: North Carolina Adopts a State Constitutional Good-Faith Exception and Limits § 15A‑974’s Good-Faith to Statutory (Chapter 15A) Violations Introduction In State v. Rogers, the...
Clarifying Batson Mootness in North Carolina: Step One Is Not Moot Absent a Step-Three Ruling Introduction In State v. Wilson, the Supreme Court of North Carolina addressed a recurring procedural...
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina 1. Introduction In Cutter v. Vojnovic, the Supreme Court of...
“Present Candor over Past Reform” The North Carolina Supreme Court Redefines the Temporal Focus of the “Good Moral Character” Inquiry for Justice-Officer Certification 1. Introduction In Devalle v....
Durbin v. Durbin: Escalating Parental Conflict as a “Substantial Change in Circumstances” Justifying Custody Modification 1. Introduction Durbin v. Durbin, decided by the Supreme Court of North...
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies Introduction In Howell v. Cooper (22 Aug 2025) the...
“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: A Comprehensive Commentary on In re E.H. & R.H., Supreme Court of North Carolina (2025) 1. Introduction The Supreme Court of...
No-Inducement Standard for North Carolina Referral-Sales Claims Jackson v. Home Depot U.S.A., Inc. (N.C. 2025) I. Introduction Jackson v. Home Depot U.S.A., Inc. is the North Carolina Supreme Court’s...
“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (Supreme Court of North Carolina, 2025) 1. Introduction Moseley v. Hendricks is a sharply divided...
From “Rational” to “Reasonable”: N.C. Bar & Tavern Association v. Stein (2025) and the Re-Tooling of Fruits-of-Labor Doctrine Introduction In N.C. Bar and Tavern Association v. Stein, the Supreme...
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges: A Full Commentary on N.C. Department of Revenue v. Philip Morris USA, Inc., Supreme Court of North Carolina...
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation” 1. Introduction Savage v. N.C. Dep’t of Transportation, No....