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6 North Carolina opinions name it 2 courts 1969–1998 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 |
|---|---|---|
Raritan River Steel Co. v. Cherry, Bekaert & Hollandgreen2 sentences1998Thus, liability does not extend to situations where an accountant "`merely knows of the ever-present possibility of repetition to anyone, and the possibility of action in reliance upon [the audited financial statements], on the part of anyone to whom it may be repeated.'" Restatement (Second) of Torts § 552, cmt. h (1977), quoted in Raritan, 322 N.C. at 214-15 , 367 S.E.2d at 617 (alteration in original). *203 When it adopted the Restatement's standard, our Supreme Court specifically rejected the alternate "reasonably foreseeable" test, which holds that an accountant owes a duty to all persons 1998Thus, liability does not extend to situations where an accountant "`merely knows of the ever-present possibility of repetition to anyone, and the possibility of action in reliance upon [the audited financial statements], on the part of anyone to whom it may be repeated.'" Restatement (Second) of Torts § 552, cmt. h (1977), quoted in Raritan, 322 N.C. at 214-15 , 367 S.E.2d at 617 (alteration in original). *203 When it adopted the Restatement's standard, our Supreme Court specifically rejected the alternate "reasonably foreseeable" test, which holds that an accountant owes a duty to all persons | 1 | 1 |
Ingram Industries, Inc. v. Nowickigreen2 sentences1988See, e.g., Ingram Industries, Inc. v. Nowicki, 527 F. Supp. 683 (E.D. 1988See, e.g., Ingram Industries, Inc. v. Nowicki, 527 F. Supp. 683 (E.D. | 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 |
|---|---|---|
Arnold v. Ray Charles Enterprises, Inc.
green
2 sentences1981Our research indicates that the law of Massachusetts, lex loci contradi, and that of North Carolina, lex loci delicti, do not differ with respect to the substantive questions involved here. 2 “There would be no profit, then, for us to exercise ourselves here to determine which law is to be applied, for to do so would take us into a ‘highly complex and confused part of *269 conflict of laws.”’ Arnold, 264 N.C. at 97 , 141 S.E. 2d at 17 . 1981Our research indicates that the law of Massachusetts, lex loci contradi, and that of North Carolina, lex loci delicti, do not differ with respect to the substantive questions involved here. 2 “There would be no profit, then, for us to exercise ourselves here to determine which law is to be applied, for to do so would take us into a ‘highly complex and confused part of *269 conflict of laws.”’ Arnold, 264 N.C. at 97 , 141 S.E. 2d at 17 . | 1 | 1981–1981 |
Reed v. Reed
green
2 sentences1981For a summary of pertinent decisions in point and for a restatement of the rule enunciated in Reed, supra, we quote in pertinent part from the Court’s opinion: Analysis may appropriately begin with the reminder that Reed emphasized that statutory classifications that distinguish between males and females are “subject to scrutiny under the Equal Protection Clause.” 404 US, at 75 , 30 L Ed 2d 225 , 92 S Ct 251 . 1981For a summary of pertinent decisions in point and for a restatement of the rule enunciated in Reed, supra, we quote in pertinent part from the Court’s opinion: Analysis may appropriately begin with the reminder that Reed emphasized that statutory classifications that distinguish between males and females are “subject to scrutiny under the Equal Protection Clause.” 404 US, at 75 , 30 L Ed 2d 225 , 92 S Ct 251 . | 1 | 1981–1981 |
Hasselrode v. Gnagey
green
2 sentences1975N.Y. 1968), Judge Bryan, in discussing the three rules as to joint tortfeasors — the common law rule that a release to one releases others, the Restatement rule that a release to one releases all unless there is a reservation of right, and the Uniform rule that the release of one does not discharge others from liability unless the release so provides — said of the Panichella release: “There, the release . . . expressly provided for the discharge of all other persons, firms and corporations from liability, and thus was a bar under any of the three rules which have been mentioned.” In Hasselrode 1975N.Y. 1968), Judge Bryan, in discussing the three rules as to joint tortfeasors — the common law rule that a release to one releases others, the Restatement rule that a release to one releases all unless there is a reservation of right, and the Uniform rule that the release of one does not discharge others from liability unless the release so provides — said of the Panichella release: “There, the release . . . expressly provided for the discharge of all other persons, firms and corporations from liability, and thus was a bar under any of the three rules which have been mentioned.” In Hasselrode | 1 | 1975–1975 |
Sterling v. Weinstein
green
2 sentences1969Mississippi thus follows the Restatement rule, supra. In Sterling v. Weinstein, 75 A. 2d 144 , branches of two large trees on the defendant’s property extended across a common boundary line. 1969Mississippi thus follows the Restatement rule, supra. In Sterling v. Weinstein, 75 A. 2d 144 , branches of two large trees on the defendant’s property extended across a common boundary line. | 1 | 1969–1969 |
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.