Appellate Court Opinions
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33,106 Appellate Court Opinions
Davis v. Hulsing Enters.
Whether North Carolina recognizes a first-party claim for dram shop liability; if so, whether that claim is barred by the contributory negligence of plaintiff's decedent.
In re D.E.M.
Termination of parental rights; whether the mother willfully abandoned the juvenile as defined in subdivision 7B-1111(a)(7) of the Juvenile Code.
In re J.A.M.
Minor child; adjudication of neglect and dispositional order ceasing reunification efforts; whether clear and convincing evidence supported findings of fact on which the order was based.
In re Se. Eye Ctr.
Appeal from interlocutory orders of N.C. Business Court approving a Settlement Agreement between plaintiffs and some defendants and appointing a Receiver for another defendant that is a Trust.
In re Se. Eye Ctr.
Appeal from interlocutory order of N.C. Business Court approving a Settlement Agreement entered in one of a series of lawsuits; whether the claimant was inappropriately granted secured status as part of her settlement with the Receiver administering defendants' assets; whether the court abused its discretion in approving the settlement.
In re Se. Eye Ctr.
Appeal from interlocutory order of N.C. Business Court approving a Settlement Agreement entered in one of a series of lawsuits; whether the claimant was inappropriately granted secured status as part of her settlement with the Receiver administering defendants' assets; whether the court abused its discretion in approving the settlement.
King v. Albemarle Hosp. Auth.
Medical malpractice action on behalf of minor child for birth-related injuries; whether, after the complaint was dismissed under Rule 41 and refiled six years later, N.C.G.S. 1-17(b) extended the three-year statute of limitations for professional malpractice actions established in N.C.G.S 15(c), thus preventing the refiled complaint from being time barred.
N.C. Dep't of Transp. v. Mission Battleground Park, DST
Condemnation proceeding under Chapter 136 to take a portion of defendants' property for highway improvement purposes; whether the trial court abused its discretion in excluding expert opinion testimony on valuation offered by defendants because the trial court did not consider admissibility of the testimony under Evidence Rule 702 rather than N.C.G.S. 93A-83; whether it was improper for the trial court to instruct the jury that the jury should not consider the taking and use of adjoining lands of others for the same undertaking in determining just compensation.
N.C. Farm Bureau Mut. Ins. Co. v. Hull
Subrogation action to recover money paid under the UIM coverage provision of a policy issued by plaintiff after plaintiff's insureds obtained a settlement from another fully insured third-party tortfeasor; whether plaintiff's claim should have been dismissed based on the three-year statute of limitations for breach of contract actions; when the claim accrued.
State v. Cannon
Whether the trial court erred in denying defendant's motion to dismiss a charge of aiding and abetting larceny based on insufficient evidence.
State v. Chekanow
Sufficiency of evidence that defendants constructively possessed marijuana found growing on their property.
State v. Cook
Whether defendant was entitled to a self-defense instruction based on N.C.G.S. 14-51.2, the 'castle doctrine.'
State v. Downey
Appeal from trial court's denial of defendant's motion to suppress evidence found during a traffic stop; whether the police officer unconstitutionally prolonged the stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States.
State v. Lane
Direct appeal from trial court's order denying defendant's motion for postconviction DNA testing following this Court's opinion finding no error in defendant's conviction for first-degree murder and his sentence of death.
State v. Schalow
Whether defendant's conviction for attempted first-degree murder should be vacated on double jeopardy grounds.
State v. Williams
Whether, during a trial for possession of a firearm by a convicted felon, the trial court properly admitted testimony regarding defendant's prior possession of a firearm under Rule 404(b); whether that testimony was unfairly prejudicial and therefore should have been excluded under Rule 403; whether the Court of Appeals erred by reviewing for prejudicial error as opposed to plain error.
Tully v. City of Wilmington
Action by City employee alleging that the City acted arbitrarily in failing to follow its established personnel policies when denying him a promotion; appeal from trial court's grant of judgment on the pleadings in favor of the City; whether plaintiff sufficiently alleged claims under Article I, Sections 1 and 19 of the state constitution.
Wilkie v. City of Boiling Spring Lakes
Action for inverse condemnation pursuant to N.C.G.S. 40A-51 based upon the flooding of plaintiffs' property by water from an adjacent City-owned lake.
Willowmere Cmty. Ass'n v. City of Charlotte
Whether the trial court erred in dismissing an action brought by plaintiff homeowners' associations seeking to invalidate the City's rezoning of adjacent property; whether the failure of plaintiffs' boards of directors to comply with association bylaws authorizing them to initiate litigation on behalf of the members deprived plaintiffs of legal standing to sue.
Adame v. Aerotek
disability, futility