2,038 Appellate Court Opinions
Appeal from an order and opinion of the Business Court concluding that insurers can depreciate labor costs when calculating actual cash value.
Appeal from Business Court orders denying plaintiffs' motion for entry of default judgment; whether defendant's contacts with North Carolina were sufficient to support a determination that personal jurisdiction existed.
Whether the General Assembly authorized Oak Island to impose sewer district fees on owners of undeveloped parcels of property.
Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on defendants' motion to stay all proceedings on forum non conveniens grounds; whether the Business Court erred by granting a stay in favor of defendants where plaintiff's claims under North Carolina and English law challenge the North Carolina-based conduct of the North Carolina-based officials most responsible for the failure of a global clinical drug; and whether the Business Court erred by staying the case without affording plaintiff limited jurisdictional discovery to clarify the contested ties between the claims asserted and the potential forums.
Whether the Court of Appeals erred by concluding that the trial court did not have the authority to consider plaintiff's motions to amend its complaint to reduce its just compensation deposit after defendant attempted to voluntarily dismiss its claim for additional compensation.
Whether plaintiffs retained a right of first refusal contained in an original lease during a holdover year-to-year tenancy created by operation of law; whether the Court of Appeals erred by affirming the order granting summary judgment in favor of defendants.
Termination of parental rights: whether the trial court's findings of fact were supported by clear and convincing evidence and supported its conclusions of law that respondent-mother's parental rights should be terminated pursuant to N.C.G.S. 7B-1111(a)(1).
Termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(3); ability to pay reasonable portion of the children's cost of care.
Subject matter jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act; termination of parental rights pursuant to N.C.G.S. 7B-1111(a)(3); lack of knowledge not a defense for willful failure to pay reasonable portion of the children's cost of care.
Review of recommendation for censure.
Action to enforce a separation agreement and property settlement; whether the Court of Appeals erred in upholding the trial court's order of specific performance requiring defendant to pay arrearages on and prospective alimony of $3,750.00 per month.
Appeal from an order and opinion of the Business Court determining that dividend income from a wholly owned subsidiary is considered part of a company's 'income not taxable' for the purposes of calculating 'net economic loss' income tax deductions.
Administrative Law; North Carolina Human Resources Act; Whether the Court of Appeals erred in its decision to vacate petitioner's award of back pay and attorneys' fees.
Whether the trial court erred in applying the lex loci test, rather than the most significant relationship test, in determining whether summary judgment should have been granted with respect to plaintiffs' misappropriation of trade secrets claim; whether the trial court erred in ruling on motions for summary judgment and to exclude expert testimony.
Whether (1) the trial court erred by not defining 'sexual act' in the context of an offense under N.C.G.S. 14-318.4(a2)--setting out the crime for felony child abuse by sexual act--according to the definition set out in N.C.G.S. 14-27.1(4) (recodified as N.C.G.S. 14-27.20(4)); and (2) such error amounted to plain error.
Possession of weapon of mass death and destruction; Motion to Dismiss; Whether a flash bang grenade constitutes a weapon of mass death and destruction pursuant to N.C.G.S. 14-288.8(c)(1); Whether the State presented sufficient evidence to withstand a motion to dismiss the charge of possession of a weapon of mass death and destruction.
Appeal from a decision of the Court of Appeals reversing the trial court's order denying defendant's motion to suppress evidence after determining that the officer lacked reasonable suspicion to stop defendant's vehicle based on an anonymous tip.
Whether the Court of Appeals erred by concluding that the element of the felony indecent exposure statute requiring that the exposure be 'in the presence of' another requires that the victim could have seen the exposure had he or she looked; whether the evidence was sufficient for a jury to find that defendant's exposure was 'in the presence of' the child.
Whether the trial court committed prejudicial error when it failed to instruct the jury on the defense of justification for the charge of felon in possession of a firearm.