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8 North Carolina opinions name it 3 courts 1986–2021 1 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 |
|---|---|---|
Charlotte-Mecklenburg Hospital Authority v. First of Georgia Insurancegreen2 sentences2021Co., 340 N.C. 88, 91 (1995) (citation omitted) (“There is a distinction between the assignment of a claim for personal injury and the assignment of the proceeds of such a claim. 2019“The purpose of a receiver of legal claims is in essence to act as a trustee,” the court reasoned, “and a claim being placed in receivership is [thus], at most, analogous to an assignment of the proceeds of the claim, which are assignable.” Id. (citing Charlotte-Mecklenburg Hosp. | 2 | 4 |
Brooks v. Paulk & Cope, Inc.green1 sentence2008For example, “the remedies sought in a workers’ compensation claim and a tort claim are different, and . . . only tort claims, not workers’ compensation claims, are *119 tried before a jury.” Brooks v. Paulk & Cope, Inc., 176 F. Supp. 2d 1270, 1276 (M.D. | 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 |
|---|---|---|
North Carolina Baptist Hospitals, Inc. v. Mitchell
green
2 sentences1995App. 263 , 362 S.E.2d 841 (1987), aff’d on other grounds, 323 N.C. 528 , 374 S.E.2d 844 (1988), which held that the assignment of the proceeds of a claim for personal injury is void for being against public policy. 1988The important differences between the assignment of the claim and an assignment of the proceeds simply cannot be reasonably adjudged “mere fiction.” We should particularly disavow the statement of the panel below to the effect that the “more reasoned view is that [proceeds of a personal injury claim] are not assignable before judgment,” 88 N.C. | 2 | 1988–1995 |
North Carolina Baptist Hospitals, Inc. v. Mitchell
green
2 sentences1995App. 263 , 362 S.E.2d 841 (1987), aff’d on other grounds, 323 N.C. 528 , 374 S.E.2d 844 (1988), which held that the assignment of the proceeds of a claim for personal injury is void for being against public policy. 1995App. 263 , 362 S.E.2d 841 (1987), aff’d on other grounds, 323 N.C. 528 , 374 S.E.2d 844 (1988), which held that the assignment of the proceeds of a claim for personal injury is void for being against public policy. | 1 | 1995–1995 |
Forbes Homes, Inc. v. Trimpi
neutral
2 sentences1986In the previous appeal the Court of Appeals held that the defendant would be liable to the plaintiff for breach of contract if the jury (or the judge) should find that the defendants promised the plaintiff that if the plaintiff would make certain payments for a third party, the defendants would retain from the proceeds of a claim they were handling for the third party funds with which they would reimburse the plaintiff. *479 70 N.C. 1986App. at 615 , 320 S.E. 2d at 329 , and that the defendants refused to reimburse the plaintiff from the proceeds although the plaintiff had accepted the offer by making the payments. | 1 | 1986–1986 |
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.