begins analysis (North Carolina) · Go Syfert
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begins analysis in North Carolina

7 North Carolina opinions name it 2 courts 1999–2020 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.

Followed or applied (3)

CaseFollowedCited
Abbitt v. . Gregorygreen
nc · 1931 · cited in 1 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018A fiduciary relationship arises when “there has been a special confidence reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the one reposing confidence[.]” Dalton v. Camp, 353 N.C. 647 , 651–52, 548 S.E.2d 704, 707 (2001) (quoting Abbitt v. Gregory, 201 N.C. 577, 598 , 160 S.E. 896, 906 (1931)) (internal quotation marks omitted).

2018A fiduciary relationship arises when “there has been a special confidence reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the one reposing confidence[.]” Dalton v. Camp, 353 N.C. 647 , 651–52, 548 S.E.2d 704, 707 (2001) (quoting Abbitt v. Gregory, 201 N.C. 577, 598 , 160 S.E. 896, 906 (1931)) (internal quotation marks omitted).

11
Dalton v. Campgreen
· 2001 · cited in 1 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018A fiduciary relationship arises when “there has been a special confidence reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the one reposing confidence[.]” Dalton v. Camp, 353 N.C. 647 , 651–52, 548 S.E.2d 704, 707 (2001) (quoting Abbitt v. Gregory, 201 N.C. 577, 598 , 160 S.E. 896, 906 (1931)) (internal quotation marks omitted).

2018A fiduciary relationship arises when “there has been a special confidence reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the one reposing confidence[.]” Dalton v. Camp, 353 N.C. 647 , 651–52, 548 S.E.2d 704, 707 (2001) (quoting Abbitt v. Gregory, 201 N.C. 577, 598 , 160 S.E. 896, 906 (1931)) (internal quotation marks omitted).

11
Rousey v. Jacowaygreen
scotus · 2005 · cited in 1 North Carolina opinions naming this issue, 2009–2009
2 sentences

2009The Court begins its analysis by reasoning that, given the logic of Rousey v. Jacoway, 544 U.S. 320, 327-28 , 125 S.Ct. 1561, 1566-67 , 161 L.Ed.2d 563, 571-72 (2005), Defendant's "IRAs are not analogous to checking accounts or other non-restricted accounts." In addition, the Court concludes that, given the absence of any indication that "any other provisions of federal law may be consulted in determining whether Defendant's IRAs, or the funds contained within, are exempt from Plaintiff's judgment," "North Carolina law governs the resolution of this issue." I agree with both of these conclusio

2009The Court begins its analysis by reasoning that, given the logic of Rousey v. Jacoway, 544 U.S. 320, 327-28 , 125 S.Ct. 1561, 1566-67 , 161 L.Ed.2d 563, 571-72 (2005), Defendant's "IRAs are not analogous to checking accounts or other non-restricted accounts." In addition, the Court concludes that, given the absence of any indication that "any other provisions of federal law may be consulted in determining whether Defendant's IRAs, or the funds contained within, are exempt from Plaintiff's judgment," "North Carolina law governs the resolution of this issue." I agree with both of these conclusio

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Sawyer v. Market America, Inc. green
ncctapp · 2008
1 sentence

2020Am., Inc., 190 N.C.

12020–2020
Premier, Inc. v. Peterson green
ncctapp · 2014
1 sentence

2019“In a contract dispute between two parties, the trial court may interpret a plain and unambiguous contract as a matter of law if there are no genuine issues of material fact.” Premier, Inc. v. Peterson, 232 N.C.

12019–2019
State v. Green green
nc · 1998
2 sentences

2016Id. at 596 , 502 S.E.2d at 824 .

2016Id. at 596 , 502 S.E.2d at 824 .

12016–2016
Royals v. Piedmont Electric Repair Co. green
ncctapp · 2000
1 sentence

2001App. 700 , 529 S.E.2d 515 . {70} Accordingly, the Court begins its analysis of fair value with a consideration of market value.

12001–2001
Horner v. Chamber of Commerce green
nc · 1952
2 sentences

1999The Court also begins this analysis with the proposition that it must exercise its discretion in common fund cases with "jealous caution, lest the administration of justice be brought into disrepute." Horner, 236 N.C. at 101 , 72 S.E.2d at 24 .

1999The Court also begins this analysis with the proposition that it must exercise its discretion in common fund cases with "jealous caution, lest the administration of justice be brought into disrepute." Horner, 236 N.C. at 101 , 72 S.E.2d at 24 .

11999–1999

Where else courts name it

OK 18 (1994–2026) TX 14 (1969–2025) OH 14 (1991–2021) WA 8 (2009–2015) NY 8 (1984–2013) MO 7 (1990–2021) NC 7 (1999–2020) MA 7 (1997–2012) PA 7 (1986–2024) NE 6 (1916–2020) LA 6 (2018–2025) TN 6 (2006–2026) IL 6 (2005–2010) NJ 5 (1982–2025) MI 5 (2004–2025) IN 4 (1959–2011) VA 4 (1988–2012) OR 4 (1948–2025) CA 4 (2012–2013) FL 4 (1987–2021) ME 3 (1999–2023) CT 3 (1998–2006) WI 3 (1991–2024) MD 3 (2004–2022) AL 3 (1996–2017) WY 3 (2007–2023) VI 3 (1978–2011) ID 2 (2019–2023) RI 2 (2004–2007) VT 2 (2016–2026) MN 2 (1985–2007) MS 2 (1990–1999)

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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