Permit Choice Triggers When an Application Is Accepted as “Complete,” Not When It Is “Final”; “Commercial Building” Requires Permanence and Primary Commercial Use Case: Ashe County v. Ashe County...
Lockstep Application of North Carolina’s Cruel or Unusual Punishments Clause with the Eighth Amendment in Juvenile LWOP Sentencing Introduction This commentary examines State v. Tirado, 385 N.C. 1...
Exemption of Machine-Generated Raw Data from Hearsay and Confrontation Clause Requirements Introduction State v. Lester, 380 N.C. 1 (2025), delivered by Justice Earls of the North Carolina Supreme...
Legislative Limitations on Reopening Final Judgments: Separation of Powers under North Carolina Law Introduction Doe v. Roman Catholic Diocese of Charlotte (No. 167PA22 & No. 168PA22) is a landmark...
Inclusive Revival of Child Sexual Abuse Torts Under the SAFE Child Act Introduction In Cohane v. Home Missioners of America, the Supreme Court of North Carolina addressed whether the “revival...
Separation of Powers and the Immunity of Final Judgments from Legislative Revival Introduction Doe 1K v. Roman Catholic Diocese of Charlotte addresses a fundamental constitutional question: can the...
Judicial Dissolution of LLCs Under N.C.G.S. § 57D-6-02(2)(i): Defining “Not Practicable” and Deadlock Resolution Introduction This commentary examines the Supreme Court of North Carolina’s decision...
Legislative Authority to Revive Time-Barred Tort Claims under the Law of the Land Clause Introduction The Supreme Court of North Carolina’s decision in McKinney v. Goins (No. 109PA22-2, filed January...
North Carolina Supreme Court Establishes Favoring Property Rights in Zoning Ordinances: Schooldev East, LLC v. Town of Wake Forest Introduction In the landmark case of Schooldev East, LLC v. Town of...
Total Loss of Wage-Earning Capacity: Clarifying Workers' Compensation Standards in North Carolina Introduction The landmark Supreme Court of North Carolina decision in Martin B. Sturdivant, Employee...
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 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 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 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 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. 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 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 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 Introduction In N. State Deli, LLC v. Cincinnati Ins. Co.,...
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...