fact-sensitive inquiry (North Carolina) · Go Syfert
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fact-sensitive inquiry in North Carolina

7 North Carolina opinions name it 3 courts 2011–2023 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.

Followed or applied (7)

CaseFollowedCited
Raymond v. North Carolina Police Benevolent Ass'ngreen
nc · 2011 · cited in 2 North Carolina opinions naming this issue, 2017–2022
2 sentences

2017"The trial court is best suited to determine, through a fact-sensitive inquiry, whether the attorney-client privilege applies to a specific communication." Raymond , 365 N.C. at 100 , 721 S.E.2d at 927 (emphasis added) (citing In re Miller , 357 N.C. at 336 , 584 S.E.2d at 787 ).

2017"The trial court is best suited to determine, through a fact-sensitive inquiry, whether the attorney-client privilege applies to a specific communication." Raymond , 365 N.C. at 100 , 721 S.E.2d at 927 (emphasis added) (citing In re Miller , 357 N.C. at 336 , 584 S.E.2d at 787 ).

22
Maxwell v. Michael P. Doyle, Inc.green
ncctapp · 2004 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021See Maxwell, 164 N.C.

2021See Maxwell, 164 N.C.

22
Friday Invs., LLC v. Bally Total Fitness of the Mid-Atlantic, Inc.green
nc · 2017 · cited in 2 North Carolina opinions naming this issue, 2022–2023
2 sentences

2023“The trial court is best suited to determine, through a fact-sensitive inquiry, whether the attorney–client privilege applies to a specific communication.” Id. (emphasis omitted).

2022However, “[t]he trial court is best suited to determine, through a fact-sensitive inquiry, whether the attorney- client privilege applies to a specific communication.” Friday Invs., LLC, 370 N.C. at 240 (emphasis omitted) (quoting Raymond v. N.C.

12
In Re the Investigation of the Death of Millergreen
nc · 2003 · cited in 2 North Carolina opinions naming this issue, 2011–2017
2 sentences

2017"The trial court is best suited to determine, through a fact-sensitive inquiry, whether the attorney-client privilege applies to a specific communication." Raymond , 365 N.C. at 100 , 721 S.E.2d at 927 (emphasis added) (citing In re Miller , 357 N.C. at 336 , 584 S.E.2d at 787 ).

2017"The trial court is best suited to determine, through a fact-sensitive inquiry, whether the attorney-client privilege applies to a specific communication." Raymond , 365 N.C. at 100 , 721 S.E.2d at 927 (emphasis added) (citing In re Miller , 357 N.C. at 336 , 584 S.E.2d at 787 ).

12
Price v. Howardgreen
nc · 1997 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016Our Supreme Court has emphasized the "fact-sensitive" nature of the inquiry, as well as the need to examine each parent's circumstances on a "case-by-case basis[.]" See id. at 550 , 704 S.E.2d at 503 ("[D]etermining whether the trial court erred is a fact-sensitive inquiry[.]"); Price, 346 N.C. at 79 , 484 S.E.2d at 534-35 ("Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy.

2016Our Supreme Court has emphasized the "fact-sensitive" nature of the inquiry, as well as the need to examine each parent's circumstances on a "case-by-case basis[.]" See id. at 550 , 704 S.E.2d at 503 ("[D]etermining whether the trial court erred is a fact-sensitive inquiry[.]"); Price, 346 N.C. at 79 , 484 S.E.2d at 534-35 ("Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy.

11
Boseman v. Jarrellgreen
nc · 2010 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016Our Supreme Court has emphasized the "fact-sensitive" nature of the inquiry, as well as the need to examine each parent's circumstances on a "case-by-case basis[.]" See id. at 550 , 704 S.E.2d at 503 ("[D]etermining whether the trial court erred is a fact-sensitive inquiry[.]"); Price, 346 N.C. at 79 , 484 S.E.2d at 534-35 ("Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy.

2016Our Supreme Court has emphasized the "fact-sensitive" nature of the inquiry, as well as the need to examine each parent's circumstances on a "case-by-case basis[.]" See id. at 550 , 704 S.E.2d at 503 ("[D]etermining whether the trial court erred is a fact-sensitive inquiry[.]"); Price, 346 N.C. at 79 , 484 S.E.2d at 534-35 ("Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy.

11
Hughes v. . Boonegreen
nc · 1889 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011In re Miller, 357 N.C. at 336 , 584 S.E.2d at 787 (noting that this Court has previously held that the “responsibility of determining whether the attorney-client privilege applies belongs to the trial court” (citing Hughes v. Boone, 102 N.C. 121, 138 , 102 N.C. 137, 160 , 9 S.E. 286, 292 (1889))).

2011In re Miller, 357 N.C. at 336 , 584 S.E.2d at 787 (noting that this Court has previously held that the “responsibility of determining whether the attorney-client privilege applies belongs to the trial court” (citing Hughes v. Boone, 102 N.C. 121, 138 , 102 N.C. 137, 160 , 9 S.E. 286, 292 (1889))).

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

NJ 215 (1986–2026) IN 53 (1999–2026) CA 17 (2011–2022) TN 17 (1994–2026) PA 14 (2007–2025) TX 12 (1984–2017) UT 9 (1991–2019) NC 7 (2011–2023) IL 5 (1992–2021) MA 4 (1997–2009) AZ 3 (1993–2015) ID 3 (2024–2026) NY 3 (1992–2009) CO 3 (2001–2024) NM 2 (2022–2024) WY 2 (1993–2012) MN 2 (2004–2013) DE 2 (1990–2020) CT 2 (2007–2015) LA 2 (1997–2022)

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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