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9 North Carolina opinions name it 3 courts 2000–2022 3 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 |
|---|---|---|
Brown v. S & N COMMUNICATIONS, INC.green2 sentences2002In order to rebut the ongoing presumption of disability by offering suitable employment, an employer must present evidence that (1) “suitable jobs are available for the employee;” (2) “that the employee is capable of getting said job taking into account the employee’s physical . . . limitations;” and (3) “that the job would enable the employee to earn some wages.” Brown, 124 N.C. 2002App. at 330 , 477 S.E.2d at 202-03 . | 1 | 2 |
281 Care Committee v. Arnesongreen1 sentence2013See 281 Care Comm. v. Arneson, 638 F.3d 621, 632 (8th Cir. 2011) (holding, while applying the Verizon Maryland test, that because there was no dispute plaintiffs sought prospective relief, “[t]he only question is whether they have alleged that [the] defendant [Attorney General] is, herself, engaged in an ongoing violation of federal law”), cert. review denied,_U.S._, 183 L. | 1 | 1 |
Idaho v. Coeur D'Alene Tribe of Idahogreen2 sentences2013Ed. 2d 438, 465 , 117 S. Ct. 2028, 2047 (1997) (O’Connor, J., joined by Scalia and Thomas, JJ., concurring in part and concurring in judgment)). 3 The Supreme Court has, therefore, determined that actions seeking declaratory relief are permissible when they seek prospective relief against an alleged ongoing violation of federal law, but are not permissible when the declaratory judgment would serve only to expose the State to liability for retrospective damages awards. 2013Ed. 2d at 882 , 122 S. Ct. at 1760 (quoting Coeur d'Alene Tribe of Idaho, 521 U.S. at 296 , 138 L. | 1 | 1 |
Verizon Maryland Inc. v. Public Service Commission of Marylandgreen2 sentences2013The question remains, however, whether plaintiffs have met the second prong of the Verizon Maryland test by alleging that Attorney General Cooper is engaged in “ ‘an ongoing violation of federal law.’ ” Verizon Maryland, 535 U.S. at 645 , 152 L. 2013The question remains, however, whether plaintiffs have met the second prong of the Verizon Maryland test by alleging that Attorney General Cooper is engaged in “ ‘an ongoing violation of federal law.’ ” Verizon Maryland, 535 U.S. at 645 , 152 L. | 1 | 1 |
Media General, Inc. v. Federal Communications Commissiongreen1 sentence2013See 281 Care Comm. v. Arneson, 638 F.3d 621, 632 (8th Cir. 2011) (holding, while applying the Verizon Maryland test, that because there was no dispute plaintiffs sought prospective relief, “[t]he only question is whether they have alleged that [the] defendant [Attorney General] is, herself, engaged in an ongoing violation of federal law”), cert. review denied,_U.S._, 183 L. | 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 |
|---|---|---|
Brown v. Board of Education
green
2 sentences2022It is the very foundation of good citizenship.” Brown I, 347 U.S. at 493 . 2022It is the very foundation of good citizenship.” Brown I, 347 U.S. at 493 . | 3 | 2022–2022 |
Matter of Alamance County Ct. Facilities
green
2 sentences2022However, a court may reach for such an extraordinary remedy “only when established methods fail,” and even then must “minimize the encroachment upon those with legislative authority in appearance and in fact.” Id. 2022However, a court may reach for such an extraordinary remedy “only when established methods fail,” and even then must “minimize the encroachment upon those with legislative authority in appearance and in fact.” Id. | 3 | 2022–2022 |
Hoke County Board of Education v. State
green
2 sentences2022STATE 2022-NCSC-108 Opinion of the Court reasonably necessary to restore constitutional rights “by imposing a specific remedy and instructing the recalcitrant state actors to implement it.” Leandro II, 358 N.C. at 642 . ¶ 145 In order to harmonize these principles, we hold that because the Constitution itself requires the General Assembly to adequately fund the state’s system of public education, in exceedingly rare and extraordinary circumstances, a court may remedy an ongoing violation of the constitutional right to the opportunity to a sound basic education by ordering the transfer of adequ 2022STATE 2022-NCSC-108 Opinion of the Court reasonably necessary to restore constitutional rights “by imposing a specific remedy and instructing the recalcitrant state actors to implement it.” Leandro II, 358 N.C. at 642 . ¶ 145 In order to harmonize these principles, we hold that because the Constitution itself requires the General Assembly to adequately fund the state’s system of public education, in exceedingly rare and extraordinary circumstances, a court may remedy an ongoing violation of the constitutional right to the opportunity to a sound basic education by ordering the transfer of adequ | 3 | 2022–2022 |
Arneson v. 281 Care Committee
green
1 sentence2013Ed. 2d 710 , 133 S. Ct. 61 (2012). | 1 | 2013–2013 |
Darnell v. Rupplin
green
2 sentences2005Rather, plaintiff relies on Darnell v. Rupplin, 91 N.C.App. 349 , 371 S.E.2d 743 (1988), as authority for the proposition that the statute of limitations was tolled as the extramarital conduct constituted an ongoing violation. 2005Rather, plaintiff relies on Darnell v. Rupplin, 91 N.C.App. 349 , 371 S.E.2d 743 (1988), as authority for the proposition that the statute of limitations was tolled as the extramarital conduct constituted an ongoing violation. | 1 | 2005–2005 |
Franklin v. Broyhill Furniture Industries
green
1 sentence2001Franklin v. Broyhill Furniture Industries, 123 N.C. | 1 | 2001–2001 |
Butler v. Nationwide Mutual
neutral
1 sentence2000App. 117 , 280 S.E.2d 42 , disc. review denied, 304 N.C. 193 , 285 S.E.2d 97 (1981) to support its argument. | 1 | 2000–2000 |
Costin v. Shell
neutral
1 sentence2000App. 117 , 280 S.E.2d 42 , disc. review denied, 304 N.C. 193 , 285 S.E.2d 97 (1981) to support its argument. | 1 | 2000–2000 |
Costin v. Shell
green
2 sentences2000Plaintiff argues that regardless of the correct statute of limitations period, its complaint invokes the “continuing wrong doctrine” whereby “an ongoing violation causes the action not to accrue until the violation . . . ceases.” Plaintiff cites Costin v. Shell, 53 N.C. 2000App. 117 , 280 S.E.2d 42 , disc. review denied, 304 N.C. 193 , 285 S.E.2d 97 (1981) to support its argument. | 1 | 2000–2000 |
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.