News & Analysis as of

NC Supreme Court

McGuireWoods LLP

Income Taxation of Out-of-State Trust Is Unconstitutional

by McGuireWoods LLP on

On June 8, the North Carolina Supreme Court affirmed the Court of Appeals’ 2016 decision in the matter of the Kimberly Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue , upholding the Court of Appeals’...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Rules Tax on Trust Unconstitutional

On Friday, the North Carolina Supreme Court issued its opinion in a closely watched state tax case, holding the state’s taxation of a trust unconstitutional. In The Kimberley Rice Kaestner 1992 Family Trust v. North Carolina...more

Akin Gump Strauss Hauer & Feld LLP

North Carolina Supreme Court Affirms Duke Energy’s Monopoly over Rooftop Solar

In September 2017, we reported on a Court of Appeals of North Carolina decision holding that entities installing solar panels on customer rooftops are “public utilities” under state law, at least if they retain ownership of...more

Ward and Smith, P.A.

Play by the Rules, Especially if They Are Your Rules: NC Supreme Court Creates New Constitutional Claim for Governmental Employees

by Ward and Smith, P.A. on

On March 2, 2018, the North Carolina Supreme Court issued a remarkable decision that skewered a municipality for not abiding by its own personnel procedures. In the case of Tully vs. City of Wilmington, a municipal employee...more

CloudNine

Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends

by CloudNine on

In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.” That requirement...more

Ward and Smith, P.A.

N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

by Ward and Smith, P.A. on

In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property's fair market value. In its decision in North Carolina Department of Transportation v. Mission...more

Cranfill Sumner & Hartzog LLP

Significant Opinion Affecting Governmental Employers

North Carolina Supreme Court recognizes a new claim in favor of governmental employees pursuant to the North Carolina Constitution. The North Carolina Supreme Court has recognized a new right pursuant to Article I, Section...more

Eversheds Sutherland (US) LLP

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

Womble Bond Dickinson

North Carolina Law Requires Nurses to Comply with Police Demand for Blood Draw

by Womble Bond Dickinson on

The drawing of blood by healthcare providers for law enforcement purposes has been big news lately. In June, the North Carolina Supreme Court held in a case of first impression that North Carolina’s implied consent statute...more

Cranfill Sumner & Hartzog LLP

Total Eclipse of Comp

Examining An Injury Resulting from an Eclipse Under North Carolina Law - On August 21, 2017, many of us in North Carolina looked up at the sun to view the rare phenomenon of a total or near total eclipse. In most...more

Ward and Smith, P.A.

More on King v. Bryant and Health Care Arbitration Agreements

by Ward and Smith, P.A. on

As discussed in an earlier article, the North Carolina Supreme Court recently held, in King v. Bryant, that physicians have a fiduciary relationship with their patients due to the special relationship of trust and confidence...more

Bryan Cave Leighton Paisner

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

by Bryan Cave Leighton Paisner on

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

Fenwick & West LLP

Supreme Court Declares First Amendment Interest in Access to Social Networks

by Fenwick & West LLP on

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

Jackson Walker

Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most...

by Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more

Smith Debnam Narron Drake Saintsing & Myers,...

When is a Question of Fact NOT a Question of Fact?

His light was red, swore the nuns. My light was green, slurred the drunk. Question of fact, ruled the judge. Summary judgment, denied. If cases were that simple, our courts wouldn’t have enough to do. Trial court motion...more

Ward and Smith, P.A.

North Carolina Supreme Court Holds That Liberal Standard of Notice Pleading Applies to Judicial Foreclosure Actions

by Ward and Smith, P.A. on

In an important decision for creditors, the North Carolina Supreme Court recently clarified the distinction between judicial foreclosure and non-judicial foreclosure by power of sale. In U.S. Bank v. Pinkney, the Supreme...more

Cranfill Sumner & Hartzog LLP

Supreme Court Determines the Burden of Causation is on Employers and Carriers in Compensable Claims

In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future...more

Moore & Van Allen PLLC

Defendant Companies Now Have the Right to Appeal North Carolina Class Certification Decisions Directly to NC Supreme Court

by Moore & Van Allen PLLC on

The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme...more

Bradley Arant Boult Cummings LLP

Ruling Eases Lenders’ Path to Deficiency Judgments in NC

Winning a deficiency judgment following foreclosure may become less costly for lenders following a May 5 ruling by the North Carolina Supreme Court in United Community Bank v. Wolfe. Reversing a previous ruling by the Court...more

Mintz Levin - ADR: Advice From The Trenches

State Supreme Courts Continue to Try to Chip Away at FAA Preemption; The United States Supreme Court Is Not Amused

The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not contain an express preemption provision, nor was it intended to be the exclusive codified arbitration law in all circumstances. However, the United States...more

Ward and Smith, P.A.

North Carolina Supreme Court Adopts "Substantial Competent Evidence" Requirement for Borrowers Asserting "True Value" Defense in...

by Ward and Smith, P.A. on

On Friday, May 5, 2017, in a major victory for lenders, the North Carolina Supreme Court reversed the North Carolina Court of Appeals’s decision in United Community Bank v. Wolfe. In July 2015, the Court of Appeals decided in...more

Parker Poe Adams & Bernstein LLP

Lenders Welcome Cinco de Mayo Ruling From NC Supreme Court on Deficiency Judgments

Readers of my case alerts may remember a July 2015 alert about the troubling North Carolina Court of Appeals decision in United Community Bank v. Wolfe, which made it a lot harder for lenders to obtain a post-foreclosure...more

Parker Poe Adams & Bernstein LLP

Work in "Ultrahazardous" Activity Does Not Provide North Carolina Employees with Exception to Workers' Compensation Exclusivity

Workers’ Compensation exclusivity means that for the overwhelming majority of workplace injuries, employees are limited to compensation through the Comp system. Under the North Carolina Supreme Court’s Woodson decision,...more

Ward and Smith, P.A.

Your Patient Intake Forms May Need a Checkup

by Ward and Smith, P.A. on

On January 27, 2017, the North Carolina Supreme Court held that a physician and his practice could not enforce an arbitration agreement against a patient where the physician and his practice did not make full disclosure to...more

Smith Anderson

NC Fiduciaries Have a Duty to Explain Arbitration Agreements in Contracts

by Smith Anderson on

The Supreme Court of North Carolina recently issued an opinion that could have a substantial impact on the enforceability of arbitration agreements when a fiduciary relationship exists, particularly in the context of consumer...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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