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14 North Carolina opinions name it 3 courts 1991–2022 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 |
|---|---|---|
Franchise Tax Bd. of Cal. v. Hyattgreen2 sentences2022The Court of Appeals concluded that under Hyatt III, no suit may be maintained because “States retain their sovereign immunity from private suits brought in the courts of other States.” Farmer, ¶ 14 (quoting Hyatt III, 139 S. Ct. at 1492). ¶ 11 The doctrine of sovereign immunity, establishing that a sovereign cannot be sued without its consent, see Alden v. Maine, 527 U.S. 706 , 715–16 (1999), was widely accepted in the states at the time the Constitution was drafted. 2022The Court of Appeals concluded that under Hyatt III, no suit may be maintained because “States retain their sovereign immunity from private suits brought in the courts of other States.” Farmer, ¶ 14 (quoting Hyatt III, 139 S. Ct. at 1492). ¶ 11 The doctrine of sovereign immunity, establishing that a sovereign cannot be sued without its consent, see Alden v. Maine, 527 U.S. 706 , 715–16 (1999), was widely accepted in the states at the time the Constitution was drafted. | 3 | 3 |
White v. Trew, 366 NC 360green2 sentences2021TROY UNIV. 2021-NCCOA-36 Opinion of the Court in North Carolina” and “should be treated like any other employees of a non-profit corporation in this state.” These arguments lack merit. ¶ 50 “A suit against a public official in [her] official capacity is a suit against the State.” White v. Trew, 366 N.C. 360, 363 , 736 S.E.2d 166, 168 (2013) (citation and internal quotation marks omitted). 2021TROY UNIV. 2021-NCCOA-36 Opinion of the Court in North Carolina” and “should be treated like any other employees of a non-profit corporation in this state.” These arguments lack merit. ¶ 50 “A suit against a public official in [her] official capacity is a suit against the State.” White v. Trew, 366 N.C. 360, 363 , 736 S.E.2d 166, 168 (2013) (citation and internal quotation marks omitted). | 2 | 2 |
Fowler v. Worsleygreen1 sentence2006App. 128 , 129 n.1, 580 S.E.2d 74 , 75 n.1 (2003) (“Defendant’s appeal, however, does not raise the issue of sovereign immunity. | 1 | 1 |
Bruggeman v. Meditrust Acquisition Co.green1 sentence2006See id. | 1 | 1 |
Bland v. City of Wilmingtongreen2 sentences1993See Bland v. City of Wilmington, 278 N.C. 657 , 180 S.E.2d 813 (1971). 1993See Bland v. City of Wilmington, 278 N.C. 657 , 180 S.E.2d 813 (1971). | 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 |
|---|---|---|
Alden v. Maine
green
2 sentences2022The Court of Appeals concluded that under Hyatt III, no suit may be maintained because “States retain their sovereign immunity from private suits brought in the courts of other States.” Farmer, ¶ 14 (quoting Hyatt III, 139 S. Ct. at 1492). ¶ 11 The doctrine of sovereign immunity, establishing that a sovereign cannot be sued without its consent, see Alden v. Maine, 527 U.S. 706 , 715–16 (1999), was widely accepted in the states at the time the Constitution was drafted. 2022The Court of Appeals concluded that under Hyatt III, no suit may be maintained because “States retain their sovereign immunity from private suits brought in the courts of other States.” Farmer, ¶ 14 (quoting Hyatt III, 139 S. Ct. at 1492). ¶ 11 The doctrine of sovereign immunity, establishing that a sovereign cannot be sued without its consent, see Alden v. Maine, 527 U.S. 706 , 715–16 (1999), was widely accepted in the states at the time the Constitution was drafted. | 3 | 2022–2022 |
Petroleum Traders Corp. v. State
green
2 sentences2013However, Defendants’ contention that only Article I claims can be brought under Corum ignores the fact that: (1) Article II, Section 23 of the North Carolina Constitution “does not articulate . . . rights, only procedures to be followed[,]” Id. at 547 , 660 S.E.2d at 665 , and (2) after the ruling in Petroleum Traders Corp., the Supreme Court revisited the issue of sovereign immunity in Craig, and allowed the plaintiffs in that case to pursue constitutional claims under both Article I and Article IX of the Constitution. 2013However, Defendants’ contention that only Article I claims can be brought under Corum ignores the fact that: (1) Article II, Section 23 of the North Carolina Constitution “does not articulate . . . rights, only procedures to be followed[,]” Id. at 547 , 660 S.E.2d at 665 , and (2) after the ruling in Petroleum Traders Corp., the Supreme Court revisited the issue of sovereign immunity in Craig, and allowed the plaintiffs in that case to pursue constitutional claims under both Article I and Article IX of the Constitution. | 2 | 2013–2013 |
Craig Ex Rel. Craig v. New Hanover County Board of Education
green
2 sentences2013Craig, 363 N.C. at 335, 678 S.E.2d at 352 . {63} Based on the Supreme Court’s ruling in Craig and the Court of Appeals recent decision in Cowell, the Court concludes that Plaintiffs may proceed with all of their claims brought under the North Carolina Constitution. 2013Craig, 363 N.C. at 335, 678 S.E.2d at 352 . {63} Based on the Supreme Court’s ruling in Craig and the Court of Appeals recent decision in Cowell, the Court concludes that Plaintiffs may proceed with all of their claims brought under the North Carolina Constitution. | 2 | 2013–2013 |
Richmond County Board of Education v. Cowell
green
2 sentences2017Bd. of Educ. v. Cowell , 225 N.C.App. 583 , 739 S.E.2d 566 , rev. denied , 367 N.C. 215 , 747 S.E.2d 553 (2013), the trial court granted summary judgment in the school board's favor. 2017Bd. of Educ. v. Cowell , 225 N.C.App. 583 , 739 S.E.2d 566 , rev. denied , 367 N.C. 215 , 747 S.E.2d 553 (2013), the trial court granted summary judgment in the school board's favor. | 1 | 2017–2017 |
Richmond County Board of Education v. Cowell
neutral
1 sentence2017Bd. of Educ. v. Cowell , 225 N.C.App. 583 , 739 S.E.2d 566 , rev. denied , 367 N.C. 215 , 747 S.E.2d 553 (2013), the trial court granted summary judgment in the school board's favor. | 1 | 2017–2017 |
In re C.H.
neutral
1 sentence2017Bd. of Educ. v. Cowell , 225 N.C.App. 583 , 739 S.E.2d 566 , rev. denied , 367 N.C. 215 , 747 S.E.2d 553 (2013), the trial court granted summary judgment in the school board's favor. | 1 | 2017–2017 |
Mullis v. Sechrest
green
2 sentences2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. 2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. | 1 | 2016–2016 |
Mullis v. Sechrest
green
2 sentences2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. 2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. | 1 | 2016–2016 |
Dickens v. Puryear
green
2 sentences2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. 2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. | 1 | 2016–2016 |
M Series Rebuild, LLC v. Town of Mount Pleasant
green
2 sentences2016A motion to dismiss based on sovereign immunity is a jurisdictional issue; whether sovereign immunity is grounded in a lack of subject matter jurisdiction or personal jurisdiction is unsettled in North Carolina." M Series Rebuild, LLC v. Town of Mount Pleasant, Inc., 222 N.C.App. 59 , 62, 730 S.E.2d 254 , 257 (2012) (citing only cases involving 12(b)(1) and 12(b)(2)). 2016A motion to dismiss based on sovereign immunity is a jurisdictional issue; whether sovereign immunity is grounded in a lack of subject matter jurisdiction or personal jurisdiction is unsettled in North Carolina." M Series Rebuild, LLC v. Town of Mount Pleasant, Inc., 222 N.C.App. 59 , 62, 730 S.E.2d 254 , 257 (2012) (citing only cases involving 12(b)(1) and 12(b)(2)). | 1 | 2016–2016 |
North Carolina National Bank v. Gillespie
green
2 sentences2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. 2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. | 1 | 2016–2016 |
State v. Watlington
green
2 sentences2016Although acknowledging that this appeal is interlocutory, defendant argues that it is entitled to appeal because the trial court denied its motion to dismiss on sovereign immunity grounds. *87 However, we are bound by Can Am S., LLC v. State, 234 N.C.App. 119 , 122, 759 S.E.2d 304 , 307, disc. review denied, 367 N.C. 791 , 766 S.E.2d 624 (2014), in which this Court, after surveying the controlling authority, held that when a defendant raises the issue of sovereign immunity under Rule 12(b)(1) of the Rules of Civil Procedure, a denial of that motion is not immediately appealable. 2016App. ___, ___, 759 S.E.2d 304, 307 , disc. review denied, 367 N.C. 791 , 766 S.E.2d 624 (2014), in which this Court, after surveying the controlling authority, held that when a defendant raises the issue of sovereign immunity under Rule 12(b)(1) of the Rules MURRAY V. | 1 | 2016–2016 |
Meyer v. Race City Classics, LLC
green
2 sentences2016Although acknowledging that this appeal is interlocutory, defendant argues that it is entitled to appeal because the trial court denied its motion to dismiss on sovereign immunity grounds. *87 However, we are bound by Can Am S., LLC v. State, 234 N.C.App. 119 , 122, 759 S.E.2d 304 , 307, disc. review denied, 367 N.C. 791 , 766 S.E.2d 624 (2014), in which this Court, after surveying the controlling authority, held that when a defendant raises the issue of sovereign immunity under Rule 12(b)(1) of the Rules of Civil Procedure, a denial of that motion is not immediately appealable. 2016App. ___, ___, 759 S.E.2d 304, 307 , disc. review denied, 367 N.C. 791 , 766 S.E.2d 624 (2014), in which this Court, after surveying the controlling authority, held that when a defendant raises the issue of sovereign immunity under Rule 12(b)(1) of the Rules MURRAY V. | 1 | 2016–2016 |
Dickens v. Puryear
green
2 sentences2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. 2016Nat'l Bank v. Gillespie , 291 N.C. 303 , 306, 230 S.E.2d 375 , 377 (1976), and specifically, that an unpled defense of sovereign immunity should be considered in ruling on a motion for summary judgment where "both parties knew or should have known that an action against a governmental entity ... raises a question of sovereign immunity." Mullis v. Sechrest , 126 N.C.App. 91 , 96, 484 S.E.2d 423 , 426 (1997) (citing Dickens v. Puryear , 45 N.C.App. 696 , 698, 263 S.E.2d 856 , 857-58 (1980), rev'd in part on other grounds , 302 N.C. 437 , 276 S.E.2d 325 (1981) ), rev'd on other grounds , 347 N.C. | 1 | 2016–2016 |
Can Am South, LLC v. State, North Carolina Department of Health & Human Services
green
2 sentences2016Although acknowledging that this appeal is interlocutory, defendant argues that it is entitled to appeal because the trial court denied its motion to dismiss on sovereign immunity grounds. *87 However, we are bound by Can Am S., LLC v. State, 234 N.C.App. 119 , 122, 759 S.E.2d 304 , 307, disc. review denied, 367 N.C. 791 , 766 S.E.2d 624 (2014), in which this Court, after surveying the controlling authority, held that when a defendant raises the issue of sovereign immunity under Rule 12(b)(1) of the Rules of Civil Procedure, a denial of that motion is not immediately appealable. 2016Although acknowledging that this appeal is interlocutory, defendant argues that it is entitled to appeal because the trial court denied its motion to dismiss on sovereign immunity grounds. *87 However, we are bound by Can Am S., LLC v. State, 234 N.C.App. 119 , 122, 759 S.E.2d 304 , 307, disc. review denied, 367 N.C. 791 , 766 S.E.2d 624 (2014), in which this Court, after surveying the controlling authority, held that when a defendant raises the issue of sovereign immunity under Rule 12(b)(1) of the Rules of Civil Procedure, a denial of that motion is not immediately appealable. | 1 | 2016–2016 |
Wiggins v. City of Monroe
green
2 sentences1991Id. at 44 , 326 S.E.2d at 39 . 1991Id. at 44 , 326 S.E.2d at 39 . | 1 | 1991–1991 |
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.