Supreme Court

, Supreme Court , 45A17 (Per Curiam) , Published
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.

, Supreme Court , 44PA17 (Justice Sam Ervin IV) , Published
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.

, Supreme Court , 7PA17 (Per Curiam) , Published
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.

, Supreme Court , 4PA17 (Per Curiam) , Published
State v. Schalow

Whether defendant's conviction for attempted first-degree murder should be vacated on double jeopardy grounds.

, 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.

Subscribe to Supreme Court