Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
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.
| Case | Followed | Cited |
|---|---|---|
Shaw v. United Parcel Servicegreen2 sentences2003See Shaw v. United Parcel Service , 116 N.C. 2003See Shaw v. United Parcel Service , 116 N.C. | 32 | 32 |
Blitz v. Agean, Inc.green2 sentences2016Ordinarily, 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). | 1 | 1 |
Price v. PIGGY PALACEgreen1 sentence2012Id.; see also Price v. Piggy Palace, 205 N.C. | 1 | 1 |
Goforth v. K-Mart Corp.green1 sentence2011App. 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). | 1 | 1 |
Chavis v. Thetford Property Management, Inc.green1 sentence2008App. 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. | 1 | 1 |
Bryson v. Phil Cline Truckinggreen1 sentence2008See Bryson v. Phil Cline Trucking, 150 N.C. | 1 | 1 |
Mullinax v. Fieldcrest Cannon, Inc.green1 sentence1995See, e.g., Mullinax v. Fieldcrest Cannon, Inc., 100 N.C. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Troutman v. White & Simpson, Inc.
green
2 sentences2004The 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 . | 3 | 2001–2004 |
Beam v. Floyd's Creek Baptist Church
green
2 sentences2003The 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. | 2 | 1995–2003 |
Free Spirit Aviation, Inc. v. Rutherford Airport Authority
green
2 sentences2016Ordinarily, 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). | 1 | 2016–2016 |
Thompson v. Federal Express Ground
green
1 sentence2008Thompson, 175 N.C. | 1 | 2008–2008 |
Strezinski v. City of Greensboro
green
1 sentence2008The Full Commission, however, is not bound by a deputy commissioner’s findings and award, see Strezinski v. City of Greensboro, 187 N.C. | 1 | 2008–2008 |
Kisiah v. W.R. Kisiah Plumbing, Inc.
green
1 sentence2008Kisiah Plumbing, Inc., 124 N.C. | 1 | 2008–2008 |
Rackley v. Coastal Painting
green
1 sentence2003However, 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. | 1 | 2003–2003 |
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.