17 North Carolina opinions name it 3 courts 1989–2025 5 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 |
|---|---|---|
Fetner v. Rocky Mount Marble & Granite Worksgreen2 sentences2021“The essential elements of waiver are (1) the existence, at the time of the alleged waiver, of a right, advantage or benefit; (2) the knowledge, actual or constructive, of the existence thereof; and (3) an intention to relinquish such right, advantage or benefit.” Fetner v. Granite Works, 251 N.C. 296, 302 , 111 S.E.2d 324, 328 (1959) (citation omitted). 2021“The essential elements of waiver are (1) the existence, at the time of the alleged waiver, of a right, advantage or benefit; (2) the knowledge, actual or constructive, of the existence thereof; and (3) an intention to relinquish such right, advantage or benefit.” Fetner v. Granite Works, 251 N.C. 296, 302 , 111 S.E.2d 324, 328 (1959) (citation omitted). | 6 | 7 |
Demeritt v. Springsteedgreen2 sentences2025This Court has defined the elements of waiver as: “(1) the existence, at the time of the alleged waiver, of a right, advantage or benefit; (2) the knowledge, actual or constructive, of the existence thereof; and (3) an intention to relinquish such right, advantage or benefit.” Demeritt v. Springsteed, 204 N.C. 2025Waiving of a contractual right has three requirements: “‘(1) the existence, at the time of the alleged waiver, of a right, advantage, or benefit; (2) the knowledge, actual or constructive, of the existence thereof; and (3) an intention to relinquish such right, advantage or benefit.’” Demeritt v. Springsteed, 204 N.C. | 3 | 3 |
Davenport v. Travelers Indemnity Companygreen1 sentence2025Co., 283 N.C. 234, 239 (1973) (citation and internal quotation marks omitted). | 1 | 1 |
Long Drive Apartments v. Parkergreen2 sentences2020“The essential elements of waiver are the existence at the time of the alleged waiver of a right, advantage or benefit, the knowledge, actual or constructive, of the existence thereof, and an intention to relinquish such right, advantage or benefit.” Long Drive Apartments v. Parker, 107 N.C. 2020App. 724, 729 , 421 S.E.2d 631, 633 (1992) (emphasis omitted) (citation and internal quotation marks omitted). 50. | 1 | 1 |
Klein v. Avemco Insurancegreen2 sentences2010“The intention to waive may be expressed or implied from acts or conduct that naturally lead the other party to believe that the right has been intentionally given up.” Klein v. Insurance Co., 289 N.C. 63, 68 , 220 S.E.2d 595, 599 (1975). 2010“The intention to waive may be expressed or implied from acts or conduct that naturally lead the other party to believe that the right has been intentionally given up.” Klein v. Insurance Co., 289 N.C. 63, 68 , 220 S.E.2d 595, 599 (1975). | 1 | 1 |
State v. Wilsongreen2 sentences2004Cf. State v. Wilson, 313 N.C. 516, 524-25 , 330 S.E.2d 450, 457 (1985) (determining that defendant, who argued that the sheriff had improperly summoned additional jurors, possessed two unused peremptory challenges at the time the alleged error occurred). 2004Cf. State v. Wilson, 313 N.C. 516, 524-25 , 330 S.E.2d 450, 457 (1985) (determining that defendant, who argued that the sheriff had improperly summoned additional jurors, possessed two unused peremptory challenges at the time the alleged error occurred). | 1 | 1 |
Lee v. Greenegreen2 sentences2003App. 580, 585 , 442 S.E.2d 547, 550 (1994). 2003“Therefore, ruling on a defense of qualified immunity requires (1) identification of the specific right allegedly violated; (2) determining whether at the time of the alleged violation the right was clearly established; and (3) if so, then determining whether a reasonable person in the officer’s position would have known that his actions violated that right.” Lee v. Greene, 114 N.C. | 1 | 1 |
State v. Wardgreen2 sentences1999Ill As a general proposition, an expert, who is qualified to offer his findings and diagnosis of a defendant, also must be permitted *605 to testify “as to the content of the conversations with [a] defendant in order to show the basis for his diagnosis.” State v. Ward, 338 N.C. 64, 106 , 449 S.E.2d 709, 732 (1994), cert. denied, 514 U.S. 1134 , 131 L. 1999Ill As a general proposition, an expert, who is qualified to offer his findings and diagnosis of a defendant, also must be permitted *605 to testify “as to the content of the conversations with [a] defendant in order to show the basis for his diagnosis.” State v. Ward, 338 N.C. 64, 106 , 449 S.E.2d 709, 732 (1994), cert. denied, 514 U.S. 1134 , 131 L. | 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 |
|---|---|---|
J. W. Cross Industries, Inc. v. Warner Hardware Co.
green
1 sentence2018Cross Indus. v. Warner Hardware Co., 94 N.C. | 1 | 2018–2018 |
Naegele Outdoor Advertising, Inc. v. Harrelson
green
1 sentence2011This Court noted that Judge Greene in his dissenting opinion in Naegele Outdoor Advertising v. Harrelson, 112 N.C. | 1 | 2011–2011 |
Overton v. Camden County
green
1 sentence2011This Court noted that “[a]t the time of the alleged violation, being the replacement of a mobile home by petitioner in 1995, the CCZO was the zoning ordinance in effect[,]” but “when the enforcement action was brought by Camden County, the UDO had superseded the CCZO.” Id. | 1 | 2011–2011 |
Simeon v. Hardin
green
1 sentence2003Ed. 2d 396, 410 , (1982)), cert. denied, 347 N.C. 270 , 493 S.E.2d 746 (1997). *375 To determine whether a legitimate defense of qualified immunity exists, this Court has summarized the analysis as follows: “Ruling on a defense of qualified immunity requires (1) identification of the specific right allegedly violated; (2) determining whether at the time of the alleged violation the right was clearly established; and (3) if so, then determining whether a reasonable person in the officer’s position would have known that his actions violated that right. | 1 | 2003–2003 |
Roberts v. Swain
green
1 sentence2003Ed. 2d 396, 410 , (1982)), cert. denied, 347 N.C. 270 , 493 S.E.2d 746 (1997). *375 To determine whether a legitimate defense of qualified immunity exists, this Court has summarized the analysis as follows: “Ruling on a defense of qualified immunity requires (1) identification of the specific right allegedly violated; (2) determining whether at the time of the alleged violation the right was clearly established; and (3) if so, then determining whether a reasonable person in the officer’s position would have known that his actions violated that right. | 1 | 2003–2003 |
Thomas v. Pennsylvania
green
1 sentence1999Ill As a general proposition, an expert, who is qualified to offer his findings and diagnosis of a defendant, also must be permitted *605 to testify “as to the content of the conversations with [a] defendant in order to show the basis for his diagnosis.” State v. Ward, 338 N.C. 64, 106 , 449 S.E.2d 709, 732 (1994), cert. denied, 514 U.S. 1134 , 131 L. | 1 | 1999–1999 |
Rigsby v. United States
green
1 sentence1999Ill As a general proposition, an expert, who is qualified to offer his findings and diagnosis of a defendant, also must be permitted *605 to testify “as to the content of the conversations with [a] defendant in order to show the basis for his diagnosis.” State v. Ward, 338 N.C. 64, 106 , 449 S.E.2d 709, 732 (1994), cert. denied, 514 U.S. 1134 , 131 L. | 1 | 1999–1999 |
Pritchett v. Alford
green
1 sentence1994Pritchett, 973 F.2d at 312 . | 1 | 1994–1994 |
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.