11 North Carolina opinions name it 3 courts 1904–2021 2 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 |
|---|---|---|
State v. Cherrygreen2 sentences2021App. 252 , 262, 848 S.E.2d 274 , 282 (2020); see generally State v. Cherry, 298 N.C. 86, 98 , 257 S.E.2d 551, 559 (1979) (“The language of [a] statute [governing a phase of a bifurcated trial] does not alter the usual rules of evidence or impair the trial judge’s power to rule on the admissibility of evidence. . . . 2021App. 252 , 262, 848 S.E.2d 274 , 282 (2020); see generally State v. Cherry, 298 N.C. 86, 98 , 257 S.E.2d 551, 559 (1979) (“The language of [a] statute [governing a phase of a bifurcated trial] does not alter the usual rules of evidence or impair the trial judge’s power to rule on the admissibility of evidence. . . . | 2 | 3 |
Epic Games, Inc. v. Murphy-Johnsongreen2 sentences2019The Court of Appeals concluded that the provision and incorporated AAA rule in Epic Games provided “clear and unmistakable evidence” that the parties had agreed that an arbitrator would determine issues of substantive arbitrability. 247 N.C. 2019Kan. 2016) (“These Rules state that ‘The Arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement.’ Thus, . . . the arbitrator must determine whether class arbitration falls within the scope of the clause.” (emphasis added)). 2 2 Although applying the FAA here, the Court concludes that the ruling on Defendant’s Motion would be the same under either the FAA or the NCRUAA because, like in Epic Games, “[u]nder either law, the plain language of the arbitration clause, properly inte | 1 | 3 |
Carteret County v. United Contractors of Kinston, Inc.green2 sentences2009App. 336, 347 , 462 S.E.2d 816, 823 (1995) ("Since the arbitrators had the power to rule on the issue, even if they erroneously considered evidence of increased overhead expenses it would not be ground to vacate the award."). 2004Id. | 1 | 2 |
Oracle America, Inc. v. Myriad Group A.G.green1 sentence2018Oracle Am., Inc. v. Myriad Grp., A.G., 724 F.3d 1069, 1074 (9th Cir. 2013) (listing cases); see also Epic Games, Inc. v. Murphy- Johnson, 247 N.C. | 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 |
|---|---|---|
Betancourt v. Texas
green
2 sentences2021Generally, evidence is relevant and admissible when it tends to shed any light on the matter at issue.”), cert. denied, 446 U.S. 941 , 64 L. 2021Generally, evidence is relevant and admissible when it tends to shed any light on the matter at issue.”), cert. denied, 446 U.S. 941 , 64 L. | 2 | 2021–2021 |
Brown v. Schiff
green
2 sentences2021Generally, evidence is relevant and admissible when it tends to shed any light on the matter at issue.”), cert. denied, 446 U.S. 941 , 64 L. 2021Generally, evidence is relevant and admissible when it tends to shed any light on the matter at issue.”), cert. denied, 446 U.S. 941 , 64 L. | 2 | 2021–2021 |
Continental Construction Co. v. City of Lawrence
green
1 sentence1941To tbe contrary is Continental Construction Co. v. Lawrence, supra: “Nor do we think that such a declaration has any presumptive or evidential force in establishing the existence in fact of an emergency.” In Moore v. Lambeth, supra, upon the issue there joined, it was held that the burden was upon those who claim to exercise the power under the exception to establish the facts upon which the asserted power is based. | 1 | 1941–1941 |
Black v. Atlantic Home Insurance
neutral
1 sentence1927Co., 148 N. C., 169 ) ; but the provisions which usually restrict the agent’s power of waiver do not as a rule apply to an agent who has knowledge of conditions existing at the inception of the contract. | 1 | 1927–1927 |
Brodnax v. Groom
green
1 sentence1904J., in Brodnax v. Groom, supra. Certainly neither of these great Judges can be suspected of entertaining views dangerous to the reserved rights of the people or sustaining the assertion of doubtful powers by either department of the government. | 1 | 1904–1904 |
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.