section 97-88.1 fees (North Carolina) · Go Syfert
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section 97-88.1 fees in North Carolina

41 North Carolina opinions name it 2 courts 1995–2016 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 (7)

CaseFollowedCited
Shaw v. United Parcel Servicegreen
ncctapp · 1994 · cited in 32 North Carolina opinions naming this issue, 2002–2003
2 sentences

2003See Shaw v. United Parcel Service , 116 N.C.

2003See Shaw v. United Parcel Service , 116 N.C.

3232
Blitz v. Agean, Inc.green
ncctapp · 2009 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016Ordinarily, when a lower court's decision is based in part on proper grounds but in part on an error of law, "it is appropriate to remand for reconsideration in light of the correct law." Free Spirit Aviation, Inc. v. Rutherford Airport Auth., 206 N.C.App. 192 , 204, 696 S.E.2d 559 , 567 (2010) ; see also Blitz v. Agean, Inc., 197 N.C.App. 296 , 312, 677 S.E.2d 1 , 11 (2009).

2016Ordinarily, when a lower court's decision is based in part on proper grounds but in part on an error of law, "it is appropriate to remand for reconsideration in light of the correct law." Free Spirit Aviation, Inc. v. Rutherford Airport Auth., 206 N.C.App. 192 , 204, 696 S.E.2d 559 , 567 (2010) ; see also Blitz v. Agean, Inc., 197 N.C.App. 296 , 312, 677 S.E.2d 1 , 11 (2009).

11
Price v. PIGGY PALACEgreen
ncctapp · 2010 · cited in 1 North Carolina opinions naming this issue, 2012–2012
1 sentence

2012Id.; see also Price v. Piggy Palace, 205 N.C.

11
Goforth v. K-Mart Corp.green
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2011–2011
1 sentence

2011App. at 623-24 , 605 S.E.2d at 713 (affirming Commission’s sanction of attorney’s fees under § 97-88.1 where the employer’s causation argument, that plaintiff’s injury was the result of his preexisting back condition, was unsupported by North Carolina law).

11
Chavis v. Thetford Property Management, Inc.green
ncctapp · 2003 · cited in 1 North Carolina opinions naming this issue, 2008–2008
1 sentence

2008App. 769, 771 , 573 S.E.2d 920, 921 (2003) (upholding an award of twenty-five percent of all compensation paid to the employee as reasonable attorney's fees pursuant to section 97-88.1); Kisiah v. W.R.

11
Bryson v. Phil Cline Truckinggreen
ncctapp · 2002 · cited in 1 North Carolina opinions naming this issue, 2008–2008
1 sentence

2008See Bryson v. Phil Cline Trucking, 150 N.C.

11
Mullinax v. Fieldcrest Cannon, Inc.green
ncctapp · 1990 · cited in 1 North Carolina opinions naming this issue, 1995–1995
1 sentence

1995See, e.g., Mullinax v. Fieldcrest Cannon, Inc., 100 N.C.

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 (7)

CaseCitedYears
Troutman v. White & Simpson, Inc. green
ncctapp · 1995
2 sentences

2004The purpose of this section is "to prevent stubborn, unfounded litigiousness which is inharmonious with the primary purpose of the Workers' Compensation Act to provide compensation to injured employees." Troutman v. White Simpson, Inc. , 121 N.C.

2003“By contrast, an award of attorney’s fees under N.C.G.S. § 97-88.1 requires that the litigation be brought, prosecuted, or defended without reasonable ground.” Id. at 53-54, 464 S.E.2d at 485 .

32001–2004
Beam v. Floyd's Creek Baptist Church green
ncctapp · 1990
2 sentences

2003The purpose of this statute “is to prevent ‘stubborn, unfounded litigiousness’ which is inharmonious with the primary purpose of the Workers’ Compensation Act to provide compensation to *238 injured employees.” Beam v. Floyd’s Creek Baptist Church, 99 N.C.

1995The purpose of this section is to prevent “stubborn, unfounded litigiousness which is inharmonious with the primary purpose of the Workers’ Compensation Act to provide compensation to injured employees.” Beam v. Floyd’s Creek Baptist Church, 99 N.C.

21995–2003
Free Spirit Aviation, Inc. v. Rutherford Airport Authority green
ncctapp · 2010
2 sentences

2016Ordinarily, when a lower court's decision is based in part on proper grounds but in part on an error of law, "it is appropriate to remand for reconsideration in light of the correct law." Free Spirit Aviation, Inc. v. Rutherford Airport Auth., 206 N.C.App. 192 , 204, 696 S.E.2d 559 , 567 (2010) ; see also Blitz v. Agean, Inc., 197 N.C.App. 296 , 312, 677 S.E.2d 1 , 11 (2009).

2016Ordinarily, when a lower court's decision is based in part on proper grounds but in part on an error of law, "it is appropriate to remand for reconsideration in light of the correct law." Free Spirit Aviation, Inc. v. Rutherford Airport Auth., 206 N.C.App. 192 , 204, 696 S.E.2d 559 , 567 (2010) ; see also Blitz v. Agean, Inc., 197 N.C.App. 296 , 312, 677 S.E.2d 1 , 11 (2009).

12016–2016
Thompson v. Federal Express Ground green
ncctapp · 2006
1 sentence

2008Thompson, 175 N.C.

12008–2008
Strezinski v. City of Greensboro green
ncctapp · 2007
1 sentence

2008The Full Commission, however, is not bound by a deputy commissioner’s findings and award, see Strezinski v. City of Greensboro, 187 N.C.

12008–2008
Kisiah v. W.R. Kisiah Plumbing, Inc. green
ncctapp · 1996
1 sentence

2008Kisiah Plumbing, Inc., 124 N.C.

12008–2008
Rackley v. Coastal Painting green
ncctapp · 2002
1 sentence

2003However, the Commission also concluded that plaintiff was not entitled to attorney’s fees under Section 97-88 because “defendant was successful upon appeal with regard to entitlement to a credit.” As stated earlier, Section 97-88 “permits the Full Commission or an appellate court to award fees and costs based on an insurer’s unsuccessful appeal.” Rackley, 153 N.C.

12003–2003

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 97-88.1 (41) NC § N.C. Gen. Stat. § 97-88 (5) NC § N.C. Gen. Stat. § 97-2 (4)

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.

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