mere affirmative defense (North Carolina) · Go Syfert
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mere affirmative defense in North Carolina

10 North Carolina opinions name it 2 courts 2009–2025 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.

Followed or applied (4)

CaseFollowedCited
Mitchell v. Forsythgreen
scotus · 1985 · cited in 5 North Carolina opinions naming this issue, 2009–2025
2 sentences

2017Bd. of Educ. , 363 N.C. 334 , 337, 678 S.E.2d 351 , 354 (2009) (noting that governmental "immunity is more than a mere affirmative defense, as it shields a defendant entirely from having to answer for its conduct at all in a civil suit for damages" (citing Mitchell v. Forsyth , 472 U.S. 511 , 525, 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) ).

2017Bd. of Educ. , 363 N.C. 334 , 337, 678 S.E.2d 351 , 354 (2009) (noting that governmental "immunity is more than a mere affirmative defense, as it shields a defendant entirely from having to answer for its conduct at all in a civil suit for damages" (citing Mitchell v. Forsyth , 472 U.S. 511 , 525, 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) ).

45
Craig Ex Rel. Craig v. New Hanover County Board of Educationgreen
nc · 2009 · cited in 7 North Carolina opinions naming this issue, 2011–2025
2 sentences

2024As this Court has explained, immunity is “more than a mere affirmative defense” to liability—it “shields a defendant entirely from having to answer for” its conduct “in a civil suit for damages.” See id. (discussing governmental immunity); see also Dawes v. Nash County, 357 N.C. 442 , 444–45 (2003) (sovereign immunity); Bartley, 381 N.C. at 294 (public officer immunity).

2017Bd. of Educ. , 363 N.C. 334 , 337, 678 S.E.2d 351 , 354 (2009) (noting that governmental "immunity is more than a mere affirmative defense, as it shields a defendant entirely from having to answer for its conduct at all in a civil suit for damages" (citing Mitchell v. Forsyth , 472 U.S. 511 , 525, 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) ).

27
Dawes v. Nash Countygreen
nc · 2003 · cited in 1 North Carolina opinions naming this issue, 2024–2024
1 sentence

2024As this Court has explained, immunity is “more than a mere affirmative defense” to liability—it “shields a defendant entirely from having to answer for” its conduct “in a civil suit for damages.” See id. (discussing governmental immunity); see also Dawes v. Nash County, 357 N.C. 442 , 444–45 (2003) (sovereign immunity); Bartley, 381 N.C. at 294 (public officer immunity).

11
Thompson v. Town of Dallasgreen
ncctapp · 2001 · cited in 1 North Carolina opinions naming this issue, 2022–2022
1 sentence

2022See Thompson v. Town of Dallas, 142 N.C.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Wray v. City of Greensboro green
ncctapp · 2016
1 sentence

2024Wray v. City of Greensboro, 247 N.C.

12024–2024

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (7) NC § N.C. Gen. Stat. § 1-277 (6) NC § N.C. Gen. Stat. § 7A-27 (3)

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.

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