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Statute of Limitations › NC Supreme Court

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Fox Rothschild LLP

A Majority Court and a Dissenting Justice: A Glimpse into the Future?

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The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court,...more

Cranfill Sumner LLP

Workers' Compensation Cases to Consider in 2023

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In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more

Cranfill Sumner LLP

Is it in or out...of the Statute of Limitations?

Cranfill Sumner LLP on

Timely Service of Uninsured Motorist Actions - On July 7, 2022, the N.C. Supreme Court received a request, in the matter of Ricky DEAN, Administrator of the Estate of Olivia Darlene Flores v. Ravon Walser ROUSEAU, 2022 WL...more

Fox Rothschild LLP

Another Smorgasbord Of Opinions From The Court Of Appeals

Fox Rothschild LLP on

On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

Parker Poe Adams & Bernstein LLP

N.C. Supreme Court Opinion on Discovery Rule: Bad for Defendants, Good for Plaintiffs' Bar

Parker Poe Adams & Bernstein LLP on

Well that was unexpected. In a major ruling on March 12 (Chisum v. Campagna), the North Carolina Supreme Court set aside almost 40 years of established precedent and held that the “discovery rule” applies to the accrual of...more

Smith Anderson

Statute of Limitations for Actions to Remove Encroachments from Easements Returned to 20 Years

Smith Anderson on

In 2007, the North Carolina Court of Appeals held in Pottle v. Link, 187 N.C. App. 746, 654 S.E.2d 64 (2007), that actions to remove encroachments from an easement must be brought within six years of the encroachment being...more

Womble Bond Dickinson

North Carolina Supreme Court Gives Easement Holders 20 Years to Challenge Encroachments

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On August 19, 2016, the North Carolina Supreme Court issued a decision that will benefit all companies that own easements. Patrolling easements and clearing them of vegetation and structures can be very costly, but the...more

Womble Bond Dickinson

A Distinction without a Difference

Womble Bond Dickinson on

On April 8, 2016, we posted a blog regarding the case of Quality Built Homes, Inc. v. Town of Carthage, ___N.C. App. ___, 766 S.E. 2d 897 (2015)(unpublished). In this case, the Court of Appeals had held that the Town of...more

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