8 North Carolina opinions name it 3 courts 1991–2022 4 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 |
|---|---|---|
Havey v. Valentinegreen2 sentences2021App. 812, 816-17 , 616 S.E.2d 642, 647-48 (2005), our Court adopted the United States Court of Appeals for the Fourth Circuit rule for determining whether an internet website can become the basis for the exercise of personal jurisdiction in the forum in ALS Scan, Inc. v. Digital Serv. 2021App. 812, 816-17 , 616 S.E.2d 642, 647-48 (2005), our Court adopted the United States Court of Appeals for the Fourth Circuit rule for determining whether an internet website can become the basis for the exercise of personal jurisdiction in the forum in ALS Scan, Inc. v. Digital Serv. | 2 | 2 |
Desmond v. PNGI Charles Town Gaming, L.L.C.green1 sentence2013The Fourth Circuit applied that standard one year later in Desmond v. PNGI Charles Town Gaming, LLC, noting that “[negligent conduct is insufficient to show willfulness” under McLaughlin. 630 F.3d 351, 358 (4th Cir. 2011) (“[O]nly those employers who either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the FLSA have willfully violated the statute.”) (citations, quotation marks, and brackets omitted). | 1 | 1 |
Syvasky Lafayette Poyner v. Edward W. Murray, Director, Virginia Department of Corrections, (Six Cases)green1 sentence2005In reviewing a separate LAC claim that did not involve expert testimony, that court considered the efforts defense counsel had made to investigate the defendant’s potential alibi and, rejecting the claim, stated that relief is usually granted only when defense counsel “has failed to investigate a defense at all or has performed an investigation so minimal that no strategic reason could be given for the failure to investigate further.” Id. at 411; see also Byram v. Ozmint, 339 F.3d 203, 210 (4th Cir. 2003) (“[A] failure to ‘shop around’ for a favorable expert opinion after an evaluation yields | 1 | 1 |
Jason Scott Byram v. Jon E. Ozmint, Director, South Carolina Department of Corrections Henry Dargan McMaster Attorney General, State of South Carolinagreen1 sentence2005In reviewing a separate LAC claim that did not involve expert testimony, that court considered the efforts defense counsel had made to investigate the defendant’s potential alibi and, rejecting the claim, stated that relief is usually granted only when defense counsel “has failed to investigate a defense at all or has performed an investigation so minimal that no strategic reason could be given for the failure to investigate further.” Id. at 411; see also Byram v. Ozmint, 339 F.3d 203, 210 (4th Cir. 2003) (“[A] failure to ‘shop around’ for a favorable expert opinion after an evaluation yields | 1 | 1 |
cluster 787217green2 sentences2005Although the opinion does not reflect whether the psychologist testified as a witness for the prosecution or for the defendant, the Fourth Circuit held that defense counsel “was presented with a mental health report, and he was under no mandate to second-guess that report.” Id. at 409. 2005In reviewing a separate LAC claim that did not involve expert testimony, that court considered the efforts defense counsel had made to investigate the defendant’s potential alibi and, rejecting the claim, stated that relief is usually granted only when defense counsel “has failed to investigate a defense at all or has performed an investigation so minimal that no strategic reason could be given for the failure to investigate further.” Id. at 411; see also Byram v. Ozmint, 339 F.3d 203, 210 (4th Cir. 2003) (“[A] failure to ‘shop around’ for a favorable expert opinion after an evaluation yields | 1 | 1 |
Charley v. United Statesgreen1 sentence2005In reviewing a separate LAC claim that did not involve expert testimony, that court considered the efforts defense counsel had made to investigate the defendant’s potential alibi and, rejecting the claim, stated that relief is usually granted only when defense counsel “has failed to investigate a defense at all or has performed an investigation so minimal that no strategic reason could be given for the failure to investigate further.” Id. at 411; see also Byram v. Ozmint, 339 F.3d 203, 210 (4th Cir. 2003) (“[A] failure to ‘shop around’ for a favorable expert opinion after an evaluation yields | 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 |
|---|---|---|
Village of Arlington Heights v. Metropolitan Housing Development Corp.
green
2 sentences2022In addition to any possible disparate impact, courts should also consider “[t]he historical background of the decision,” the “specific sequence of events leading up the challenged decision,” and the challenged action’s “legislative or administrative history.” Id. at 267–68, 97 S. Ct. at 564–65. ¶ 102 The Fourth Circuit applied these factors to an act of our General Assembly in North Carolina State Conference of the NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016). 2022In addition to any possible disparate impact, courts should also consider “[t]he historical background of the decision,” the “specific sequence of events leading up the challenged decision,” and the challenged action’s “legislative or administrative history.” Id. at 267–68, 97 S. Ct. at 564–65. ¶ 102 The Fourth Circuit applied these factors to an act of our General Assembly in North Carolina State Conference of the NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016). | 2 | 2022–2022 |
North Carolina State Conference of NAACP v. McCrory
green
2 sentences2022In addition to any possible disparate impact, courts should also consider “[t]he historical background of the decision,” the “specific sequence of events leading up the challenged decision,” and the challenged action’s “legislative or administrative history.” Id. at 267–68, 97 S. Ct. at 564–65. ¶ 102 The Fourth Circuit applied these factors to an act of our General Assembly in North Carolina State Conference of the NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016). 2022In addition to any possible disparate impact, courts should also consider “[t]he historical background of the decision,” the “specific sequence of events leading up the challenged decision,” and the challenged action’s “legislative or administrative history.” Id. at 267–68, 97 S. Ct. at 564–65. ¶ 102 The Fourth Circuit applied these factors to an act of our General Assembly in North Carolina State Conference of the NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016). | 2 | 2022–2022 |
Als Scan, Incorporated v. Digital Service Consultants, Incorporated
green
2 sentences2021Consultants, Inc., 293 F.3d 707 (4th Cir. 2002). 2021Consultants, Inc., 293 F.3d 707 (4th Cir. 2002). | 2 | 2021–2021 |
Nichols Agency, Inc. v. Enchanted Child Care, Inc.
green
1 sentence2012The Nichols Agency, Inc, 537 F. Supp. 2d at 783 (citing Acorn Structures, Inc., 846 F.2d at 926 ). | 1 | 2012–2012 |
cluster 506070
green
1 sentence2012The Nichols Agency, Inc, 537 F. Supp. 2d at 783 (citing Acorn Structures, Inc., 846 F.2d at 926 ). | 1 | 2012–2012 |
Continental Casualty Company v. William S. Burton, Audrey H. Buckner, Mary R. Thweatt
green
1 sentence1991Co. v. Burton, 795 F.2d 1187 (4th Cir. 1986). *96 Similarly, in the case before us, the key to whether Mr. Toms performed a professional service is not the act of obtaining liability insurance, but rather the capacity in which he undertook the performance of the act. | 1 | 1991–1991 |
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.