Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 North Carolina opinions name it 2 courts 1988–2008 0 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 |
|---|---|---|
Brandis v. Lightmotive Fatman, Inc.green2 sentences2006Under the notice theory of pleadings, a *239 statement of claim is adequate if it gives sufficient notice of the claim asserted to enable the adverse party to answer and prepare for trial[.] Hill v. Perkins, 84 N.C.App. 644, 647 , 353 S.E.2d 686, 688 (1987) (emphasis added) (citations omitted). "`In reviewing a dismissal of a complaint for failure to state a claim, the appellate court must determine whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to pre 2006Under the notice theory of pleadings, a *239 statement of claim is adequate if it gives sufficient notice of the claim asserted to enable the adverse party to answer and prepare for trial[.] Hill v. Perkins, 84 N.C.App. 644, 647 , 353 S.E.2d 686, 688 (1987) (emphasis added) (citations omitted). "`In reviewing a dismissal of a complaint for failure to state a claim, the appellate court must determine whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to pre | 2 | 4 |
Toomer v. Garrettgreen2 sentences2008In reviewing the dismissal of a complaint for failure to state a claim for relief, the appellate court reviews de novo "`whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to prepare for trial.'" Id. at 274, 620 S.E.2d at 880 (quoting Toomer, 155 N.C.App. at 468 , 574 S.E.2d at 83 ). 2008In reviewing the dismissal of a complaint for failure to state a claim for relief, the appellate court reviews de novo "`whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to prepare for trial.'" Id. at 274, 620 S.E.2d at 880 (quoting Toomer, 155 N.C.App. at 468 , 574 S.E.2d at 83 ). | 2 | 3 |
Hill v. Perkinsgreen2 sentences2006Under the notice theory of pleadings, a *239 statement of claim is adequate if it gives sufficient notice of the claim asserted to enable the adverse party to answer and prepare for trial[.] Hill v. Perkins, 84 N.C.App. 644, 647 , 353 S.E.2d 686, 688 (1987) (emphasis added) (citations omitted). "`In reviewing a dismissal of a complaint for failure to state a claim, the appellate court must determine whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to pre 2006App. 644, 647 , 353 S.E.2d 686, 688 (1987) (emphasis added) (citations omitted). “ ‘In reviewing a dismissal of a complaint for failure to státe a claim, the appellate court must determine whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to prepare for trial.’ ” Toomer v. Garrett, 155 N.C. | 2 | 2 |
Sutton v. Dukegreen2 sentences1994See Sutton v. Duke, 277 N.C. at 104 , 176 S.E.2d at 167 ; see also Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979). 1988See Sutton v. Duke, 277 N.C. at 104 , 176 S.E.2d at 167 ; see also Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979). | 2 | 2 |
Stanback v. Stanbackgreen2 sentences1994See Sutton v. Duke, 277 N.C. at 104 , 176 S.E.2d at 167 ; see also Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979). 1994See Sutton v. Duke, 277 N.C. at 104 , 176 S.E.2d at 167 ; see also Stanback v. Stanback, 297 N.C. 181 , 254 S.E.2d 611 (1979). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Good Hope Hospital, Inc. v. North Carolina Department of Health & Human Services
green
2 sentences2008In reviewing the dismissal of a complaint for failure to state a claim for relief, the appellate court reviews de novo "`whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to prepare for trial.'" Id. at 274, 620 S.E.2d at 880 (quoting Toomer, 155 N.C.App. at 468 , 574 S.E.2d at 83 ). 2008In reviewing the dismissal of a complaint for failure to state a claim for relief, the appellate court reviews de novo “ ‘whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable the adverse party to prepare for trial.’ ” Id. at 274, 620 S.E.2d at 880 (quoting Toomer, 155 N.C. | 1 | 2008–2008 |
In Re Zollicoffer
green
1 sentence2005A complaint may be dismissed pursuant to Rule 12(b)(6) where “(1) the complaint on its face reveals that no law supports a plaintiff’s claim, (2) the complaint on its face reveals the absence of facts sufficient to make a good claim, or (3) the complaint discloses some fact that necessarily defeats a plaintiff’s claim.” “In reviewing a dismissal of a complaint for failure to state a claim, the appellate court must determine whether the complaint alleges the substantive elements of a legally recognized claim and whether it gives sufficient notice of the events which produced the claim to enable | 1 | 2005–2005 |
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.