multiple claim in North Carolina

11 North Carolina opinions name it 2 courts 1979–2010 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.

Followed or applied (7)

Case	Followed	Cited
Tridyn Industries, Inc. v. American Mutual Insurancegreen nc · 1979 · cited in 2 North Carolina opinions naming this issue, 1996–2010 2 sentences 2010Our Supreme Court has cautioned that in a case involving only two parties, “it is important in applying Rule 54(b) to distinguish the true multiple claim case from the case in which only a single claim based on a single factual occurrence is asserted but in which various kinds of remedies may be sought.” Tridyn Indus., 296 N.C. at 490 , 251 S.E.2d at 447 . 2010Our Supreme Court has cautioned that in a case involving only two parties, “it is important in applying Rule 54(b) to distinguish the true multiple claim case from the case in which only a single claim based on a single factual occurrence is asserted but in which various kinds of remedies may be sought.” Tridyn Indus., 296 N.C. at 490 , 251 S.E.2d at 447 .	1	2
Oestreicher v. American National Stores, Inc.green nc · 1976 · cited in 2 North Carolina opinions naming this issue, 1981–1989 2 sentences 1989Sec. 1A-1, Rule 54(b) (1988); Oestreicher v. American Nat’l Stores, Inc., 290 N.C. 118, 129 , 225 S.E. 2d 797, 804 (1976) (Rule 54(b) “expedites review of each separable portion of a multiple claim or multiple party action that has been finally adjudicated”); see id. at 144 , 225 S.E. 2d at 813 (Sharp, concurring in part) (Rule 54(b) simply focuses on individual claims as “unit to which finality concept would be applied”). 1989Sec. 1A-1, Rule 54(b) (1988); Oestreicher v. American Nat’l Stores, Inc., 290 N.C. 118, 129 , 225 S.E. 2d 797, 804 (1976) (Rule 54(b) “expedites review of each separable portion of a multiple claim or multiple party action that has been finally adjudicated”); see id. at 144 , 225 S.E. 2d at 813 (Sharp, concurring in part) (Rule 54(b) simply focuses on individual claims as “unit to which finality concept would be applied”).	1	2
Harris v. Matthewsgreen nc · 2007 · cited in 1 North Carolina opinions naming this issue, 2009–2009 2 sentences 2009However, when “(1) the order represents a final judgment as to one or more claims in a multiple claim lawsuit or one or' more parties in a multi-party lawsuit,” and (2) the trial court certifies that “there is no just reason to delay the appeal,” Rule 54 of the North Carolina Rules of Civil Procedure permits an immediate appeal. 350 Harris v. Matthews, 361 N.C. 265 , 269 n.1, 643 S.E.2d 566, 569 (2007) (citing N.C. 2009However, when “(1) the order represents a final judgment as to one or more claims in a multiple claim lawsuit or one or' more parties in a multi-party lawsuit,” and (2) the trial court certifies that “there is no just reason to delay the appeal,” Rule 54 of the North Carolina Rules of Civil Procedure permits an immediate appeal. 350 Harris v. Matthews, 361 N.C. 265 , 269 n.1, 643 S.E.2d 566, 569 (2007) (citing N.C.	1	1
Lennie v. Profile Products, LLCgreen nc · 2007 · cited in 1 North Carolina opinions naming this issue, 2008–2008 2 sentences 2008N.C.G.S. § 1A-1, Rule 54(b) [(2007)].” Hamby v. Profile Prods., L.L.C., 361 N.C. 630, 633-34 , 652 S.E.2d 231, 233 (2007) (quoting Veazey v. City of Durham, 231 N.C. 357, 362 , 57 S.E.2d 377, 381 (1950)). 2008N.C.G.S. § 1A-1, Rule 54(b) [(2007)].” Hamby v. Profile Prods., L.L.C., 361 N.C. 630, 633-34 , 652 S.E.2d 231, 233 (2007) (quoting Veazey v. City of Durham, 231 N.C. 357, 362 , 57 S.E.2d 377, 381 (1950)).	1	1
Veazey v. City of Durhamgreen nc · 1950 · cited in 1 North Carolina opinions naming this issue, 2008–2008 2 sentences 2008N.C.G.S. § 1A-1, Rule 54(b) [(2007)].” Hamby v. Profile Prods., L.L.C., 361 N.C. 630, 633-34 , 652 S.E.2d 231, 233 (2007) (quoting Veazey v. City of Durham, 231 N.C. 357, 362 , 57 S.E.2d 377, 381 (1950)). 2008N.C.G.S. § 1A-1, Rule 54(b) [(2007)].” Hamby v. Profile Prods., L.L.C., 361 N.C. 630, 633-34 , 652 S.E.2d 231, 233 (2007) (quoting Veazey v. City of Durham, 231 N.C. 357, 362 , 57 S.E.2d 377, 381 (1950)).	1	1
State v. Battlegreen nc · 1966 · cited in 1 North Carolina opinions naming this issue, 1989–1989 2 sentences 1989The general rule as to joint trial of co-conspirators was stated in State v. Battle, 267 N.C. 513, 519 , 148 S.E. 2d 599, 603 (1966): “Ordinarily, where defendants are charged with a conspiracy — an agreement whereby they became partners in crime — they should be tried together unless some sound reason is made to appear which would require a severance.” Multiple defendants may not be jointly tried if joinder will impair the “fair determination of . . . guilt or innocence” of any of the defendants. 1989The general rule as to joint trial of co-conspirators was stated in State v. Battle, 267 N.C. 513, 519 , 148 S.E. 2d 599, 603 (1966): “Ordinarily, where defendants are charged with a conspiracy — an agreement whereby they became partners in crime — they should be tried together unless some sound reason is made to appear which would require a severance.” Multiple defendants may not be jointly tried if joinder will impair the “fair determination of . . . guilt or innocence” of any of the defendants.	1	1
Liberty Mutual Insurance v. Wetzelgreen scotus · 1976 · cited in 1 North Carolina opinions naming this issue, 1979–1979 1 sentence 1979See Liberty Mutual Insurance Co. v. Wetzel, 424 U.S. 737 (1976); Bogosian v. Gulf Oil Corp., supra, 561 F. 2d 434 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
People v. Smith green illappct · 1974 2 sentences 1986It is a non sequitur to say that such disparity ipso facto results in disparity of effort devoted to such defendants if they have the same attorney.” State v. Summerford, supra at 523 , 309 S.E. 2d at 556 (quoting People v. Smith, 19 Ill. 1983It is a non sequitur to say that such disparity ipso facto results in disparity of effort devoted to such defendants if they have the same attorney.” People v. Smith, 19 Ill.	2	1983–1986
Davidson v. Knauff Insurance Agency, Inc. green ncctapp · 1989 1 sentence 1991Davidson, 93 N.C.	1	1991–1991
State v. Summerford green ncctapp · 1983 1 sentence 1986It is a non sequitur to say that such disparity ipso facto results in disparity of effort devoted to such defendants if they have the same attorney.” State v. Summerford, supra at 523 , 309 S.E. 2d at 556 (quoting People v. Smith, 19 Ill.	1	1986–1986
Newton v. Standard Fire Insurance green nc · 1976 2 sentences 1981Oestreicher v. Stores, 290 N.C. 118 , 225 S.E. 2d 797 (1976); Newton v. Insurance Co., 291 N.C. 105 , 229 S.E. 2d 297 (1976). 1981Oestreicher v. Stores, 290 N.C. 118 , 225 S.E. 2d 797 (1976); Newton v. Insurance Co., 291 N.C. 105 , 229 S.E. 2d 297 (1976).	1	1981–1981
cluster 348624 green ca3 · 1977 2 sentences 1979See Liberty Mutual Insurance Co. v. Wetzel, 424 U.S. 737 (1976); Bogosian v. Gulf Oil Corp., supra, 561 F. 2d 434 . 1979See Liberty Mutual Insurance Co. v. Wetzel, 424 U.S. 737 (1976); Bogosian v. Gulf Oil Corp., supra, 561 F. 2d 434 .	1	1979–1979

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (7) NC § N.C. Gen. Stat. § 1-277 (5) NC § N.C. Gen. Stat. § 7A-27 (5)

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.

Where else courts name it

IA 20 (1991–2024) CA 16 (1971–2026) IL 13 (2015–2025) NC 11 (1979–2010) OH 9 (1990–2026) TX 8 (2012–2025) PA 8 (1979–2025) MI 8 (1983–2023) KS 7 (1984–2025) NJ 7 (1995–2021) WA 7 (1996–2026) DC 6 (1982–2025) IN 5 (1999–2017) MN 5 (1986–2017) MD 5 (1997–2012) DE 5 (1967–2020) ID 5 (1984–2020) NM 4 (1988–2015) HI 4 (1966–2014) FL 4 (1994–2018) CT 4 (1988–2008) LA 4 (2011–2022) NY 4 (1976–2004) WY 3 (1979–2007) AR 3 (2005–2025) RI 2 (2012–2012) AK 2 (1975–1991) NV 2 (2020–2022) VT 2 (1999–1999) KY 2 (1981–2024) SD 2 (1977–1985) GA 2 (2008–2009) CO 2 (1998–2012) ND 2 (1970–1975)

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.

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