unsuccessful claim (North Carolina) · Go Syfert
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unsuccessful claim in North Carolina

5 North Carolina opinions name it 3 courts 1993–2020 0 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 (3)

CaseFollowedCited
Hensley v. Eckerhartgreen
scotus · 1983 · cited in 2 North Carolina opinions naming this issue, 1995–2018
2 sentences

2018Controlling precedent in North Carolina has long-recognized that “[w]here the plaintiff has failed to prevail on a claim that is distinct in all respects from his successful claims, the hours spent on the unsuccessful claim should be excluded in considering the amount of a reasonable fee.” Hensley v. Eckerhart, 461 U.S. 424, 440 (1983); see Morris v. Scenera Research, LLC, 229 N.C.

1995In that case, the plaintiff class members had not won on all of their claims and the Supreme Court held that where the plaintiff class “has failed to prevail on a claim that is distinct in all respects from his successful claims, the hours spent on the unsuccessful claim should be excluded in considering the amount of a reasonable fee.” Id. at 440 , 76 L.

12
Morris v. Scenera Research, LLCgreen
ncctapp · 2013 · cited in 1 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018Controlling precedent in North Carolina has long-recognized that “[w]here the plaintiff has failed to prevail on a claim that is distinct in all respects from his successful claims, the hours spent on the unsuccessful claim should be excluded in considering the amount of a reasonable fee.” Hensley v. Eckerhart, 461 U.S. 424, 440 (1983); see Morris v. Scenera Research, LLC, 229 N.C.

2018App. 31, 58 , 747 S.E.2d 362, 378 (2013) (noting that North Carolina appellate precedent concerning apportionment of attorneys’ fees relies upon the reasoning in Hensley), rev’d on other grounds, 368 N.C. 857 , 788 S.E.2d 154 (2016).

11
Anderson v. Great Republic Life Insurance Co.green
calctapp · 1940 · cited in 1 North Carolina opinions naming this issue, 1993–1993
1 sentence

1993See Anderson, 106 P.2d at 80 (“[e]ven if it turns out that a case is made for the interference of the state, so long as the defense was made in good faith and upon reasonable grounds, there is apparent justice in subjecting the property and fund involved in the litigation to expenses incurred in discharging a general duty cast upon the corporation and its trustees to take all reasonable means for its protection”).

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 (2)

CaseCitedYears
Vass v. COMPREHENSIVE MAJOR MEDICAL PLAN green
nc · 1989
2 sentences

2020Vass, 324 N.C. at 403–04, 379 S.E.2d at 27 .

2020Vass, 324 N.C. at 403–04, 379 S.E.2d at 27 .

22020–2020
Morris v. Scenera Research, LLC green
nc · 2016
2 sentences

2018App. 31, 58 , 747 S.E.2d 362, 378 (2013) (noting that North Carolina appellate precedent concerning apportionment of attorneys’ fees relies upon the reasoning in Hensley), rev’d on other grounds, 368 N.C. 857 , 788 S.E.2d 154 (2016).

2018App. 31, 58 , 747 S.E.2d 362, 378 (2013) (noting that North Carolina appellate precedent concerning apportionment of attorneys’ fees relies upon the reasoning in Hensley), rev’d on other grounds, 368 N.C. 857 , 788 S.E.2d 154 (2016).

12018–2018

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 64 (1986–2026) CA 35 (1978–2024) WA 24 (1978–2020) NY 21 (1960–2022) IL 15 (1903–2017) FL 14 (1979–2014) TX 14 (1983–2026) IN 11 (1993–2018) NJ 10 (1979–2025) PA 9 (1993–2024) DC 9 (1946–2018) CO 8 (1987–2026) MN 6 (1941–2025) MD 5 (1977–2015) NC 5 (1993–2020) AL 4 (1913–1988) WI 4 (1983–2015) DE 4 (1972–2025) ID 4 (1997–2023) MI 3 (1986–2023) GA 3 (2014–2017) VT 3 (2010–2025) LA 3 (1979–2024) MS 3 (2018–2021) HI 3 (2001–2008) MA 2 (1994–2008) WV 2 (1995–2008) TN 2 (1927–2013) OK 2 (1994–2013) NV 2 (1980–2007) AK 2 (1993–1994) ND 2 (1992–2026) UT 2 (1990–2010)

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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