115 North Carolina opinions name it 3 courts 1983–2025 28 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 |
|---|---|---|
Stanback v. Stanbackgreen2 sentences2023Opinion of the Court In ruling on a Rule 12(b)(6) motion to dismiss, “the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E.2d 611, 615 (1979) (citation omitted). “[T]he well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.” Sutton v. Duke, 277 N.C. 94, 98 , 176 S.E.2d 161, 163 (1970) (quotation marks and citatio 2023Opinion of the Court In ruling on a Rule 12(b)(6) motion to dismiss, “the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E.2d 611, 615 (1979) (citation omitted). “[T]he well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.” Sutton v. Duke, 277 N.C. 94, 98 , 176 S.E.2d 161, 163 (1970) (quotation marks and citatio | 53 | 78 |
Sutton v. Dukegreen2 sentences2023Opinion of the Court In ruling on a Rule 12(b)(6) motion to dismiss, “the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E.2d 611, 615 (1979) (citation omitted). “[T]he well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.” Sutton v. Duke, 277 N.C. 94, 98 , 176 S.E.2d 161, 163 (1970) (quotation marks and citatio 2023Opinion of the Court In ruling on a Rule 12(b)(6) motion to dismiss, “the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E.2d 611, 615 (1979) (citation omitted). “[T]he well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted.” Sutton v. Duke, 277 N.C. 94, 98 , 176 S.E.2d 161, 163 (1970) (quotation marks and citatio | 14 | 15 |
Conley v. Gibsonred2 sentences2022Co., 291 N.C. 105 , 229 S.E.2d 297 (1976)); see Sutton, 277 N.C. at 103 , 176 S.E.2d at 166 (“[A] complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.”); Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S. Ct. 99, 102 , 2 L. 2022Co., 291 N.C. 105 , 229 S.E.2d 297 (1976)); see Sutton, 277 N.C. at 103 , 176 S.E.2d at 166 (“[A] complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.”); Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S. Ct. 99, 102 , 2 L. | 4 | 4 |
Davis v. Hulsing Enters., LLCgreen2 sentences2022When conducting that analysis: “the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Davis v. Hulsing Enterprises, LLC, 370 N.C. 455, 457 , 810 S.E.2d 203 (2018) (quoting Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E.2d 611 (1979)). 2022When conducting that analysis: “the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Davis v. Hulsing Enterprises, LLC, 370 N.C. 455, 457 , 810 S.E.2d 203 (2018) (quoting Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E.2d 611 (1979)). | 3 | 5 |
Wood v. Guilford Countygreen2 sentences2023Dismissal under Rule 12(b)(6) is proper only in the following circumstances: “(1) the complaint on its face reveals that no law supports the plaintiff’s claim; (2) the complaint on its face reveals the absence of facts sufficient to make a good claim; or (3) the complaint discloses some fact that necessarily defeats the plaintiff’s claim.” Wood v. Guilford Cnty., 355 N.C. 161, 166 , 558 S.E.2d 490, 494 (2002) (citation omitted). 2023Dismissal under Rule 12(b)(6) is proper only in the following circumstances: “(1) the complaint on its face reveals that no law supports the plaintiff’s claim; (2) the complaint on its face reveals the absence of facts sufficient to make a good claim; or (3) the complaint discloses some fact that necessarily defeats the plaintiff’s claim.” Wood v. Guilford Cnty., 355 N.C. 161, 166 , 558 S.E.2d 490, 494 (2002) (citation omitted). | 2 | 3 |
Williams v. Pee Dee Electric Membership Corp.green2 sentences2008“An affirmative defense is a defense that introduces a new matter in an attempt to avoid a claim, regardless of whether the allegations of the claim are true.” Williams v. Pee Dee Electric Membership Corp., 130 N.C. 2007“An affirmative defense is a defense that introduces a new matter in an attempt to avoid a claim, regardless of whether the allegations of the claim are true.” Williams v. Pee Dee Electrical Membership Corp., 130 N.C. | 2 | 3 |
Strickland v. Hedrickgreen2 sentences2021“An affirmative defense is a defense that introduces a new matter in an attempt to avoid a claim, regardless of whether the allegations of the claim are true.” Strickland v. Hedrick, 194 N.C. 2021“An affirmative defense is a defense that introduces a new matter in an attempt to avoid a claim, regardless of whether the allegations of the claim are true.” Strickland v. Hedrick, 194 N.C. | 2 | 2 |
Perruquet v. Matrisciano, Acting Wardengreen2 sentences2009See State v. Bates, 348 N.C. 29, 34 , 497 S.E.2d 276, 279 (1998) (stating the intent of the legislature is first ascertained by the plain language of the statute), cert. denied, 538 U.S. 1061 , 155 L. 2009See State v. Bates, 348 N.C. 29, 34 , 497 S.E.2d 276, 279 (1998) (stating the intent of the legislature is first ascertained by the plain language of the statute), cert. denied, 538 U.S. 1061 , 123 S.Ct. 2223 , 155 L.Ed.2d 1113 (1999). | 2 | 2 |
Hansford v. Johnson, Director, Virginia Department of Correctionsgreen2 sentences2009See State v. Bates, 348 N.C. 29, 34 , 497 S.E.2d 276, 279 (1998) (stating the intent of the legislature is first ascertained by the plain language of the statute), cert. denied, 538 U.S. 1061 , 155 L. 2009See State v. Bates, 348 N.C. 29, 34 , 497 S.E.2d 276, 279 (1998) (stating the intent of the legislature is first ascertained by the plain language of the statute), cert. denied, 538 U.S. 1061 , 123 S.Ct. 2223 , 155 L.Ed.2d 1113 (1999). | 2 | 2 |
State v. Batesgreen2 sentences2009See State v. Bates, 348 N.C. 29, 34 , 497 S.E.2d 276, 279 (1998) (stating the intent of the legislature is first ascertained by the plain language of the statute), cert. denied, 538 U.S. 1061 , 123 S.Ct. 2223 , 155 L.Ed.2d 1113 (1999). 2009See State v. Bates, 348 N.C. 29, 34 , 497 S.E.2d 276, 279 (1998) (stating the intent of the legislature is first ascertained by the plain language of the statute), cert. denied, 538 U.S. 1061 , 123 S.Ct. 2223 , 155 L.Ed.2d 1113 (1999). | 2 | 2 |
Dickens v. Puryeargreen2 sentences2015"In ruling on the motion the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted." Id. (citation omitted). 2014In ruling on the motion the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Stanback v. Stanback, 297 N.C. 181, 185 , 254 S.E.2d 611, 615 (1979) (internal citation omitted), disapproved of on other grounds by Dickens v. Puryear, 302 N.C. 437 , 276 S.E.2d 325 (1981). | 1 | 5 |
Andresen v. Eastern Realty Co.green2 sentences2025App. 418, 420 , 298 S.E.2d 764, 765 (1983). “[T]he complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Id. (citation omitted). 2. 2025App. 418, 420 , 298 S.E.2d 764, 765 (1983). “[T]he complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Id. (citation omitted). 2. | 1 | 3 |
Arnesen v. Rivers Edge Golf Club and Plantation, Inc.green2 sentences2016"When the complaint on its face reveals that no law supports the claim, reveals an absence of facts sufficient to make a valid claim, or discloses facts that necessarily defeat the claim, dismissal is proper." Arnesen v. Rivers Edge Golf Club & Plantation, Inc ., 368 N.C. 440 , 448, 781 S.E.2d 1 , 7-8 (2015) (citing Wood v. Guilford Cty., 355 N.C. 161 , 166, 558 S.E.2d 490 , 494 (2002) (other citation omitted)). 2016"When the complaint on its face reveals that no law supports the claim, reveals an absence of facts sufficient to make a valid claim, or discloses facts that necessarily defeat the claim, dismissal is proper." Arnesen v. Rivers Edge Golf Club & Plantation, Inc ., 368 N.C. 440 , 448, 781 S.E.2d 1 , 7-8 (2015) (citing Wood v. Guilford Cty., 355 N.C. 161 , 166, 558 S.E.2d 490 , 494 (2002) (other citation omitted)). | 1 | 2 |
Grich v. Mantelco, LLCgreen2 sentences2022REDWOOD MOUNTAIN, LLC 2022-NCCOA-239 Opinion of the Court ¶ 11 “In ruling on the motion [to dismiss] the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.” Grich v. Mantelco, LLC, 228 N.C. 2022App. 587, 589 , 746 S.E.2d 316, 318 (2013) (citations omitted). | 1 | 1 |
| Dean v. Manus Homes, Inc.green | 1 | 1 |
| Whisnant v. Carolina Farm Credit, ACAgreen | 1 | 1 |
| Southeastern Hospital Supply Corp. v. Clifton & Singergreen | 1 | 1 |
| Goldston v. American Motors Corp.green | 1 | 1 |
| Humphrey v. Everett, Wardengreen | 1 | 1 |
| Davis v. Messergreen | 1 | 1 |
| Johnson v. Bollingergreen | 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 |
|---|---|---|
Newton v. Standard Fire Insurance
green
2 sentences2022Co., 291 N.C. 105 , 229 S.E.2d 297 (1976)); see Sutton, 277 N.C. at 103 , 176 S.E.2d at 166 (“[A] complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.”); Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S. Ct. 99, 102 , 2 L. 2022Co., 291 N.C. 105 , 229 S.E.2d 297 (1976)); see Sutton, 277 N.C. at 103 , 176 S.E.2d at 166 (“[A] complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.”); Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S. Ct. 99, 102 , 2 L. | 6 | 2012–2022 |
Kohn v. Firsthealth of the Carolinas, Inc.
green
2 sentences2023Kohn v. Firsthealth of the Carolina’s, Inc., 229 N.C. 2019Kohn v. Firsthealth Moore Reg'l Hosp. , 229 N.C. | 3 | 2017–2023 |
State of Tenn. v. ENVIRON. MANAGEMENT COM'N
green
2 sentences1993Id. 1993Id. | 3 | 1993–1993 |
In re C.L.
green
2 sentences2021App at 116, 719 S.E.2d at 136 . ¶ 26 The trial court relied upon the provided Form AOC-J-410 “Transcript of Admission by Juvenile G.S. 7B-2407.” To reverse Walter’s admission on these facts would require this Court to find the officially adopted AOC “Transcript of Admission” form is an insufficient guide for the trial courts to use and it fails to comply with the IN RE W.M.C.M 2021-NCCOA-139 Opinion of the Court statute. 2021App at 116, 719 S.E.2d at 136 . ¶ 26 The trial court relied upon the provided Form AOC-J-410 “Transcript of Admission by Juvenile G.S. 7B-2407.” To reverse Walter’s admission on these facts would require this Court to find the officially adopted AOC “Transcript of Admission” form is an insufficient guide for the trial courts to use and it fails to comply with the IN RE W.M.C.M 2021-NCCOA-139 Opinion of the Court statute. | 2 | 2021–2021 |
Henderson v. The Charlotte-Mecklenburg Bd. of Educ.
green
2 sentences2020Henderson v. Charlotte-Mecklenburg Bd. of Educ., 253 N.C. 2020Henderson v. Charlotte-Mecklenburg Bd. of Educ., 253 N.C. | 2 | 2020–2020 |
Schloss Outdoor Advertising Co. v. City of Charlotte
green
2 sentences2014Dismissal is proper “(1) when the complaint on its face reveals that no law supports plaintiff's claim; (2) when the complaint reveals on its face that some fact essential to plaintiff's claim is missing; and (3) when some fact disclosed in the complaint defeats the plaintiff’s claim.” Schloss Outdoor Advertising Co. v. Charlotte, 50 N.C. 2010Dismissal is proper “(1) when the complaint on its face reveals that no law supports plaintiff’s claim; (2) when the complaint reveals on its face that some fact essential to plaintiff’s claim is missing; and (3) when some fact disclosed in the complaint defeats the plaintiff’s claim.” Schloss Outdoor Advertising Co. v. Charlotte, 50 N.C. | 2 | 2010–2014 |
State v. Williams
green
1 sentence2019Williams , 243 N.C. | 1 | 2019–2019 |
Department of Transportation v. Blue
green
1 sentence2019App. at 603 , 556 S.E.2d at 609 , but does not evaluate or determine the sufficiency of the allegations to state a claim, see In re Midstate Mills, 2015 Bankr. | 1 | 2019–2019 |
Newton v. Barth
green
1 sentence2019LEXIS 3105 , at *19 (“The court will not determine whether the [ ] Plaintiffs have stated claims for relief . . . but will only decide whether the causes of action, as pled, fall within the scope of the claims settled by the Trustee . . . or . . . are personal to the [ ] Plaintiffs.”); Newton, 248 N.C. | 1 | 2019–2019 |
Robinson v. Wadford
green
2 sentences2017Robinson v. Wadford , 222 N.C.App. 694 , 696, 731 S.E.2d 539 , 541 (2012) (citation omitted). 2017Robinson v. Wadford , 222 N.C.App. 694 , 696, 731 S.E.2d 539 , 541 (2012) (citation omitted). | 1 | 2017–2017 |
State v. Moore
green
2 sentences2017Id. at ----, 795 S.E.2d at 600 . 2017Id. at ----, 795 S.E.2d at 600 . | 1 | 2017–2017 |
Skinner v. EF Hutton & Co., Inc.
green
2 sentences2017Hutton & Co., 314 N.C. 267 , 269-70, 333 S.E.2d 236 , 238 (1985). 2017Hutton & Co., 314 N.C. 267 , 269-70, 333 S.E.2d 236 , 238 (1985). | 1 | 2017–2017 |
Khaja v. Husna
green
1 sentence2016"As a general proposition, a trial court's consideration of a motion brought under Rule 12(b)(6) is limited to examining the legal sufficiency of the allegations contained within the four corners of the complaint." Khaja v. Husna, --- N.C.App. ----, ----, 777 S.E.2d 781 , 786 (2015) (citing Hillsboro Partners v. City of Fayetteville, 226 N.C.App. 30 , 32-33, 738 S.E.2d 819 , 822 (2013), disc. review denied, 367 N.C. 236 , 748 S.E.2d 544 (2013) ). *409 IV. | 1 | 2016–2016 |
Hillsboro Partners, LLC v. City of Fayetteville
green
2 sentences2016"As a general proposition, a trial court's consideration of a motion brought under Rule 12(b)(6) is limited to examining the legal sufficiency of the allegations contained within the four corners of the complaint." Khaja v. Husna, --- N.C.App. ----, ----, 777 S.E.2d 781 , 786 (2015) (citing Hillsboro Partners v. City of Fayetteville, 226 N.C.App. 30 , 32-33, 738 S.E.2d 819 , 822 (2013), disc. review denied, 367 N.C. 236 , 748 S.E.2d 544 (2013) ). *409 IV. 2016"As a general proposition, a trial court's consideration of a motion brought under Rule 12(b)(6) is limited to examining the legal sufficiency of the allegations contained within the four corners of the complaint." Khaja v. Husna, --- N.C.App. ----, ----, 777 S.E.2d 781 , 786 (2015) (citing Hillsboro Partners v. City of Fayetteville, 226 N.C.App. 30 , 32-33, 738 S.E.2d 819 , 822 (2013), disc. review denied, 367 N.C. 236 , 748 S.E.2d 544 (2013) ). *409 IV. | 1 | 2016–2016 |
Hillsboro Partners, LLC v. City of Fayetteville
green
1 sentence2016"As a general proposition, a trial court's consideration of a motion brought under Rule 12(b)(6) is limited to examining the legal sufficiency of the allegations contained within the four corners of the complaint." Khaja v. Husna, --- N.C.App. ----, ----, 777 S.E.2d 781 , 786 (2015) (citing Hillsboro Partners v. City of Fayetteville, 226 N.C.App. 30 , 32-33, 738 S.E.2d 819 , 822 (2013), disc. review denied, 367 N.C. 236 , 748 S.E.2d 544 (2013) ). *409 IV. | 1 | 2016–2016 |
State v. Wilson
green
1 sentence2016"As a general proposition, a trial court's consideration of a motion brought under Rule 12(b)(6) is limited to examining the legal sufficiency of the allegations contained within the four corners of the complaint." Khaja v. Husna, --- N.C.App. ----, ----, 777 S.E.2d 781 , 786 (2015) (citing Hillsboro Partners v. City of Fayetteville, 226 N.C.App. 30 , 32-33, 738 S.E.2d 819 , 822 (2013), disc. review denied, 367 N.C. 236 , 748 S.E.2d 544 (2013) ). *409 IV. | 1 | 2016–2016 |
| Ventriglia v. Deese green | 1 | 2012–2012 |
| Long v. Long green | 1 | 2012–2012 |
| Clayton v. Branson green | 1 | 2008–2008 |
| State v. Sparks green | 1 | 2008–2008 |
| Gunter v. Anders green | 1 | 2005–2005 |
| Davis v. Messer green | 1 | 2000–2000 |
| Corn v. Nesbitt green | 1 | 2000–2000 |
| Roberts v. Heffner green | 1 | 1998–1998 |
| Morris v. PLYLER PAPER STOCK CO., INC. green | 1 | 1996–1996 |
| State ex rel. Tennessee Department of Health & Environment green | 1 | 1993–1993 |
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.
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.