applicability of sovereign immunity (North Carolina) · Go Syfert
← North Carolina issues

applicability of sovereign immunity in North Carolina

9 North Carolina opinions name it 1 courts 2007–2025 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 (5)

CaseFollowedCited
Archer v. Rockingham Countygreen
ncctapp · 2001 · cited in 6 North Carolina opinions naming this issue, 2007–2024
2 sentences

2024App. 550 , 558 548 S.E.2d 788, 793 (2001) (noting that, when considering the applicability of sovereign immunity as a defense to breach of a governmental employment contract, “[this Court is] not now concerned with the merits of plaintiff's contract action. whether plaintiffs are ultimately entitled to relief [is a] question[ ] not properly before us”); see also Smith, 289 N.C. at 322 , 222 S.E.2d at 424 (“We are not now concerned with the merits of the controversy....

2022App. at 127 , 759 S.E.2d at 310 (“This Court has consistently held that we are not to consider the merits of a claim when addressing the applicability of sovereign immunity as a potential defense to liability.” (citing Archer, 144 N.C.

46
Can Am South, LLC v. State, North Carolina Department of Health & Human Servicesgreen
ncctapp · 2014 · cited in 4 North Carolina opinions naming this issue, 2014–2025
2 sentences

2022App. at 127 , 759 S.E.2d at 310 (“This Court has consistently held that we are not to consider the merits of a claim when addressing the applicability of sovereign immunity as a potential defense to liability.” (citing Archer, 144 N.C.

2022App. at 127 , 759 S.E.2d at 310 (“This Court has consistently held that we are not to consider the merits of a claim when addressing the applicability of sovereign immunity as a potential defense to liability.” (citing Archer, 144 N.C.

44
Smith v. Stategreen
nc · 1976 · cited in 4 North Carolina opinions naming this issue, 2014–2024
2 sentences

2024App. 550 , 558 548 S.E.2d 788, 793 (2001) (noting that, when considering the applicability of sovereign immunity as a defense to breach of a governmental employment contract, “[this Court is] not now concerned with the merits of plaintiff's contract action. whether plaintiffs are ultimately entitled to relief [is a] question[ ] not properly before us”); see also Smith, 289 N.C. at 322 , 222 S.E.2d at 424 (“We are not now concerned with the merits of the controversy....

2024App. 550 , 558 548 S.E.2d 788, 793 (2001) (noting that, when considering the applicability of sovereign immunity as a defense to breach of a governmental employment contract, “[this Court is] not now concerned with the merits of plaintiff's contract action. whether plaintiffs are ultimately entitled to relief [is a] question[ ] not properly before us”); see also Smith, 289 N.C. at 322 , 222 S.E.2d at 424 (“We are not now concerned with the merits of the controversy....

24
Wray v. City of Greensborogreen
nc · 2017 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022App. at 558 , 548 S.E.2d at 793 and Smith, 289 N.C. at 322 , 222 S.E.2d at 424 )); see also Wray, 370 N.C. at 50 , 802 S.E.2d at 900 (“Although we hold that dismissal of the complaint was not warranted, like the Court of Appeals, we express no opinion on the merits of [the] plaintiff’s contract action.”).

2022App. at 558 , 548 S.E.2d at 793 and Smith, 289 N.C. at 322 , 222 S.E.2d at 424 )); see also Wray, 370 N.C. at 50 , 802 S.E.2d at 900 (“Although we hold that dismissal of the complaint was not warranted, like the Court of Appeals, we express no opinion on the merits of [the] plaintiff’s contract action.”).

22
Anderson v. Assimosgreen
nc · 2002 · cited in 1 North Carolina opinions naming this issue, 2023–2023
1 sentence

2023See id. ¶¶ 30- 31 (involving issues of whether an implied-in-fact contract could waive sovereign immunity and whether the plaintiffs had “pled a valid implied-in-fact contract”).

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 (2)

CaseCitedYears
Archer v. Rockingham Cty green
nc · 2002
2 sentences

2014App. 550, 558 , 548 S.E.2d 788, 793 (2001), disc. review denied, 355 N.C. 210 , 559 S.E.2d 796 (2002).

2014App. 550, 558 , 548 S.E.2d 788, 793 (2001), disc. review denied, 355 N.C. 210 , 559 S.E.2d 796 (2002).

22007–2014
Lake v. State Health Plan for Teachers & State Employees green
ncctapp · 2014
1 sentence

2019Lake , 234 N.C.

12019–2019

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (7) NC § N.C. Gen. Stat. § 7A-27 (4) NC § N.C. Gen. Stat. § 1-277 (3) NC § N.C. Gen. Stat. § 116-311 (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.

Where else courts name it

GA 21 (1990–2024) IL 10 (1994–2021) NC 9 (2007–2025) FL 5 (2003–2024) VA 4 (1991–2007) ME 3 (1978–2004) PA 3 (1999–2019) MD 3 (1996–2000) OH 2 (2000–2005) DC 2 (2009–2022) WA 2 (2006–2006) ND 2 (1983–1991)

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.

← Caselaw search · G Cite Topics · Brief Check