legally sufficient claim (North Carolina) · Go Syfert
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legally sufficient claim in North Carolina

9 North Carolina opinions name it 2 courts 1992–2023 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.

Followed or applied (6)

CaseFollowedCited
Radcliffe v. Avenel Homeowners Ass'n, Inc.green
ncctapp · 2016 · cited in 4 North Carolina opinions naming this issue, 2019–2023
2 sentences

2023North Carolina law is clear that “conclusory allegations that track the elements of a [ ] claim . . . alone are insufficient to state a legally sufficient claim[.]” Radcliffe v. Avenel Homeowners Ass’n, 248 N.C.

2021North Carolina law is clear that “conclusory allegations that track the elements of a [claim] . . . alone are insufficient to state a legally sufficient claim.” Radcliffe v. Avenel Homeowners Ass’n, 248 N.C.

34
Raritan River Steel Co. v. Cherry, Bekaert & Hollandgreen
nc · 1988 · cited in 2 North Carolina opinions naming this issue, 1992–2009
2 sentences

2009Id. at 215 , 367 S.E.2d at 618 (emphasis in original). {21} Raritan was on appeal from a Rule 12(b)(6) ruling so the court was deciding whether a legally sufficient claim had been stated.

2009Id. at 215 , 367 S.E.2d at 618 (emphasis in original). {21} Raritan was on appeal from a Rule 12(b)(6) ruling so the court was deciding whether a legally sufficient claim had been stated.

12
Meyer v. Wallsgreen
nc · 1997 · cited in 1 North Carolina opinions naming this issue, 2023–2023
1 sentence

2023App. 541, 572 (2016); see, e.g., Meyer v. Walls, 347 N.C. 97, 114 (1997) (holding that conclusory allegations are insufficient to withstand a motion to dismiss).

11
Walker v. Sloangreen
ncctapp · 2000 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016See Walker, 137 N.C.App. at 392 , 529 S.E.2d at 241 ("In ruling on a Rule 12(b)(6) motion to dismiss [a TIPEA claim], the trial court regards all factual allegations of the complaint as true.

2016See Walker, 137 N.C.App. at 392 , 529 S.E.2d at 241 ("In ruling on a Rule 12(b)(6) motion to dismiss [a TIPEA claim], the trial court regards all factual allegations of the complaint as true.

11
United States v. James Sledge, Jr.green
ca4 · 1977 · cited in 1 North Carolina opinions naming this issue, 2004–2004
1 sentence

2004See United States v. Sledge, 546 F.2d 1120, 1122 (4th Cir. 1977) (stating that while Miranda does not require the warnings be in oral rather than written form, since a heavy burden rests on the State to show the waiver was knowingly given, the better practice is to give the defendant his Miranda warnings in both oral and written form).

11
Hendrix v. Hendrixgreen
ncctapp · 1984 · cited in 1 North Carolina opinions naming this issue, 1994–1994
1 sentence

1994See, e.g., Hendrix, 67 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.

Where else courts name it

CA 431 (1995–2026) MN 117 (1980–2025) FL 113 (1979–2026) CT 84 (1968–2024) IL 31 (1976–2026) PA 22 (1991–2024) WA 17 (2015–2025) GA 15 (1916–2025) NV 13 (1993–2020) OR 10 (1996–2026) NC 9 (1992–2023) TX 8 (1991–2015) NY 8 (1934–2025) KS 7 (1995–2020) MA 7 (1978–2019) IN 5 (1978–2017) AZ 4 (1958–2023) CO 4 (2022–2026) UT 4 (1997–2020) DC 4 (1983–2021) WI 3 (1991–2003) MI 3 (1975–2023) MD 3 (2002–2006) OH 2 (2007–2025) NJ 2 (1950–2019) ME 2 (1977–2008) MO 2 (1992–1995)

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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