meritless claim (North Carolina) · Go Syfert
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meritless claim in North Carolina

7 North Carolina opinions name it 2 courts 2008–2024 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.

Followed or applied (3)

CaseFollowedCited
MacK v. Mooregreen
ncctapp · 1992 · cited in 3 North Carolina opinions naming this issue, 2008–2016
2 sentences

2016For example, an improper purpose may be inferred from the following: [F]rom "the service or filing of excessive, successive, or repetitive [papers] ...," from "filing successive lawsuits despite the res judicata bar of earlier judgments," from "failing to serve the adversary with contested motions," from filing numerous dispositive motions when trial is *586 imminent, from "the filing of meritless papers by counsel who have extensive experience in the pertinent area of law," from "filing suit with no factual basis for the purpose of 'fishing' for some evidence of liability," from "continuing t

2016For example, an improper purpose may be inferred from the following: [F]rom "the service or filing of excessive, successive, or repetitive [papers] ...," from "filing successive lawsuits despite the res judicata bar of earlier judgments," from "failing to serve the adversary with contested motions," from filing numerous dispositive motions when trial is *586 imminent, from "the filing of meritless papers by counsel who have extensive experience in the pertinent area of law," from "filing suit with no factual basis for the purpose of 'fishing' for some evidence of liability," from "continuing t

13
Ward v. Jett Properties, LLCgreen
ncctapp · 2008 · cited in 2 North Carolina opinions naming this issue, 2010–2024
2 sentences

2024Ward, 191 N.C.

2010App. at 609 , 663 S.E.2d at 865 ("Improper purpose may, however, be inferred from the service or filing of excessive, successive, or repetitive papers or from continuing to press an obviously meritless claim after being specifically advised of its meritlessness by a judge or magistrate." (internal citation and quotation marks omitted)).

12
Johnson v. Harrisgreen
ncctapp · 2002 · cited in 1 North Carolina opinions naming this issue, 2011–2011
1 sentence

2011App. 928, 938 , 563 S.E.2d 224, 230 (2002) (internal quotation marks and citations omitted). *242 [T]he filing of meritless papers by counsel who have extensive experience in the pertinent area of law,... filing suit with no factual basis for the purpose of fishing for some evidence of liability,. .. continuing to press an obviously meritless claim after being specifically advised of its meritlessness by a judge or magistrate[.] *243 In the present case, the trial court made the following Findings of Fact: 2.

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 (2)

CaseCitedYears
Persis Nova Construction, Inc. v. Edwards green
ncctapp · 2009
2 sentences

2016For example, an improper purpose may be inferred from the following: [F]rom "the service or filing of excessive, successive, or repetitive [papers] ...," from "filing successive lawsuits despite the res judicata bar of earlier judgments," from "failing to serve the adversary with contested motions," from filing numerous dispositive motions when trial is *586 imminent, from "the filing of meritless papers by counsel who have extensive experience in the pertinent area of law," from "filing suit with no factual basis for the purpose of 'fishing' for some evidence of liability," from "continuing t

2016For example, an improper purpose may be inferred from the following: [F]rom “the service or filing of excessive, successive, or repetitive [papers] ...,” from “filing successive lawsuits despite the res judicata bar of earlier judgments,” from “failing to serve the adversary with contested motions,” from filing numerous dispositive motions when trial is imminent, from “the filing of meritless papers by counsel who have extensive experience in the pertinent area of law,” from “filing suit with no factual basis for the purpose of ‘fishing’ for some evidence of liability,” from “continuing to pre

12016–2016
Brooks v. Giesey green
nc · 1993
1 sentence

2012An objective standard is used to determine whether a pleading was filed for an improper purpose, but such a purpose can be inferred from “continuing to press an obviously meritless claim after being specifically advised of its meritlessness by a judge or magistrate.” Id. (internal quotations omitted).

12012–2012

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (6)

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.

Where else courts name it

PA 1151 (1979–2026) FL 67 (2000–2024) IA 49 (2004–2025) IL 43 (1991–2025) CA 31 (1985–2025) NJ 22 (2017–2026) MI 18 (2012–2025) NY 15 (1983–2025) MO 14 (1992–2025) OH 13 (1992–2025) GA 12 (1990–2026) TX 11 (1987–2020) IN 11 (1991–2020) AL 11 (1986–2026) NC 7 (2008–2024) UT 6 (1989–2012) NE 6 (2006–2026) WI 6 (2018–2026) MA 5 (2005–2026) MN 5 (1968–2010) VA 5 (2021–2026) NV 4 (2018–2020) AZ 4 (1988–2015) OK 3 (2020–2021) HI 3 (2023–2024) DC 3 (2014–2018) WA 3 (2009–2018) KS 3 (2021–2022) SC 2 (2023–2024) CO 2 (1992–2013) CT 2 (2001–2006) ME 2 (1979–2012) NM 2 (1997–2018) TN 2 (1991–2010)

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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