predominance test (North Carolina) · Go Syfert
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predominance test in North Carolina

5 North Carolina opinions name it 2 courts 2012–2022 2 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Best v. Duke Universitygreen
nc · 1994 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022Specifically, plaintiffs argue that “[a] factfinder’s determination as to whether a game complies with the predominant-factor test is reviewed deferentially.” Plaintiffs contend “the proper standard of review of a trial court’s predominance analysis in a bench trial would be whether competent evidence supports the factfinder’s determination that skill or dexterity predominate over chance in a particular game.” Plaintiffs argue that “because the factfinder, whether judge or jury, is in the best position to conduct the balance or ‘weighing’ required by the predominant-factor test, the applicatio

2022Specifically, plaintiffs argue that “[a] factfinder’s determination as to whether a game complies with the predominant-factor test is reviewed deferentially.” Plaintiffs contend “the proper standard of review of a trial court’s predominance analysis in a bench trial would be whether competent evidence supports the factfinder’s determination that skill or dexterity predominate over chance in a particular game.” Plaintiffs argue that “because the factfinder, whether judge or jury, is in the best position to conduct the balance or ‘weighing’ required by the predominant-factor test, the applicatio

22
Beroth Oil Co. v. North Carolina Department of Transportationgreen
nc · 2014 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014See Beroth, _ N.C. at _, 757 S.E.2d at 470 (“A class exists when each of the members has an interest in either the same issue of law or of fact, and that issue predominates over issues affecting only individual class members.”).

2014See id. at _, 757 S.E.2d at 470 n.2 (“Therefore, we review the trial court’s determination of whether plaintiffs established the actual existence of a class for abuse of discretion.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. . Gupton green
nc · 1848
2 sentences

2022Specifically, plaintiffs argue that “[a] factfinder’s determination as to whether a game complies with the predominant-factor test is reviewed deferentially.” Plaintiffs contend “the proper standard of review of a trial court’s predominance analysis in a bench trial would be whether competent evidence supports the factfinder’s determination that skill or dexterity predominate over chance in a particular game.” Plaintiffs argue that “because the factfinder, whether judge or jury, is in the best position to conduct the balance or ‘weighing’ required by the predominant-factor test, the applicatio

2022Specifically, plaintiffs argue that “[a] factfinder’s determination as to whether a game complies with the predominant-factor test is reviewed deferentially.” Plaintiffs contend “the proper standard of review of a trial court’s predominance analysis in a bench trial would be whether competent evidence supports the factfinder’s determination that skill or dexterity predominate over chance in a particular game.” Plaintiffs argue that “because the factfinder, whether judge or jury, is in the best position to conduct the balance or ‘weighing’ required by the predominant-factor test, the applicatio

22022–2022
Miller v. Johnson green
scotus · 1995
2 sentences

2015While the precise issue identified in ALBC is not present in the case before us, the takeaway is relevant: the predominance test — whether “the legislature subordinated traditional race-neutral districting principles ... to racial considerations,” Miller, 515 U.S. at 916 , 115 S. Ct. at 2488 , 132 L.

2015While the precise issue identified in ALBC is not present in the case before us, the takeaway is relevant: the predominance test — whether “the legislature subordinated traditional race-neutral districting principles ... to racial considerations,” Miller, 515 U.S. at 916 , 115 S. Ct. at 2488 , 132 L.

12015–2015
Blitz v. Agean, Inc. green
ncctapp · 2009
1 sentence

2012Blitz, 197 N.C.

12012–2012

Where else courts name it

OH 80 (1987–2025) TX 77 (2000–2024) AR 32 (1997–2024) CA 29 (1989–2026) LA 21 (1997–2024) IL 20 (2006–2025) NJ 17 (1997–2020) AL 16 (1996–2014) FL 14 (2005–2026) WV 10 (2010–2022) MO 10 (2007–2024) CO 9 (2009–2024) MA 9 (1999–2016) IN 9 (1979–2020) KY 8 (2019–2025) NY 8 (1980–2010) IA 7 (2005–2024) CT 7 (2003–2018) WA 6 (2010–2021) GA 6 (2007–2020) NM 6 (2004–2018) OR 6 (1995–2026) RI 5 (1999–2003) PA 5 (1999–2023) NC 5 (2012–2022) OK 4 (2003–2022) MD 4 (1995–2020) ME 4 (2000–2023) MN 2 (2002–2009) TN 2 (2022–2024) NH 2 (2007–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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