Supreme Court

, Supreme Court , 453A16 (Per Curiam) , Published
Allied Spectrum, LLC v. Ger. Auto Ctr., Inc.

Civil action for breach of contract and related claims; whether plaintiff was entitled to voluntarily dismiss its case under Civil Procedure Rule 41(a)(1) after end of summary judgment hearing but before the court issued its ruling; whether the trial court erred in entering summary judgment for defendants.

, Supreme Court , 427A16 (Justice Barbara Jackson) , Published
Abrons Fam. Prac. & Urgent Care, PA v. N.C. Dep't of Health & Hum. Servs.

Civil complaint filed by various medical practices to recover damages and other relief for the State's failure to properly implement a new electronic payment system to reimburse plaintiffs for their services to Medicaid-eligible patients; whether the trial court erred in dismissing plaintiffs' complaint for lack of subject matter jurisdiction because plaintiffs did not exhaust their administrative remedies before filing a civil suit.

, Supreme Court , 419PA16 (Justice Cheri Beasley) , Published
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.

, Supreme Court , 390PA16 (Justice Cheri Beasley) , Published
State v. Chekanow

Sufficiency of evidence that defendants constructively possessed marijuana found growing on their property.

, Supreme Court , 382PA16 (Justice Paul Newby) , Published
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.

, Supreme Court , 361PA16 (Justice Mark Martin) , Published
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.

, Supreme Court , 358A16 (Per Curiam) , Published
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.

, Supreme Court , 348A16 (Justice Robin Hudson) , Published
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.

, Supreme Court , 160A16 (Justice Barbara Jackson) , Published
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.

, Supreme Court , 606A05-3 (Justice Cheri Beasley) , Published
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.

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