7 North Carolina opinions name it 2 courts 1995–2014 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.
| Case | Followed | Cited |
|---|---|---|
Federal Communications Commission v. Beach Communications, Inc.green2 sentences2011Where “[d]efining the class of persons subject to a regulatory requirement. . . ‘inevitably requires that some persons who have an almost equally strong claim to favored treatment be placed on different sides of the line, . . . the fact [that] the line might have been drawn differently at some points is a matter for legislative, rather than judicial, consideration.’ ” Beach Commc’ns, 508 U.S. at 315-16 , 124 L. 2011Where “[d]efining the class of persons subject to a regulatory requirement. . . ‘inevitably requires that some persons who have an almost equally strong claim to favored treatment be placed on different sides of the line, . . . the fact [that] the line might have been drawn differently at some points is a matter for legislative, rather than judicial, consideration.’ ” Beach Commc’ns, 508 U.S. at 315-16 , 124 L. | 2 | 2 |
Rice v. Santa Fe Elevator Corp.green1 sentence2004A court, however, may presume preemption when federal legislation comprehensively regulates a field and a reasonable inference exists “that Congress ‘left no room’ for supplementary regulation.” Id. at 491 (quoting Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947)). {15} The National Traffic and Motor Vehicle Safety Act of 1966 (the “Safety Act”), 49 U.S.C. § 30101 et seq., sets forth a regulatory framework for the federal government to address the recall of automobiles for safety concerns. | 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 |
|---|---|---|
Noble v. HOOTERS OF GREENVILLE (NC), LLC
green
2 sentences2014Alternatively, "the violation of a regulatory scheme may be a violation of the [Unfair and Deceptive Practices Act] where the regulatory violation satisfies the three elements of [an Unfair and Deceptive Practices Act] claim." Id. at 171 , 681 S.E.2d at 455 . 2014Alternatively, "the violation of a regulatory scheme may be a violation of the [Unfair and Deceptive Practices Act] where the regulatory violation satisfies the three elements of [an Unfair and Deceptive Practices Act] claim." Id. at 171 , 681 S.E.2d at 455 . | 1 | 2014–2014 |
City of Wausau v. Jusufi
green
1 sentence2011As the Wisconsin Court reasoned in Jusufi , "[t]he [statute's] *552 method of distinguishing private clubs from other restaurants [and bars] seeks to protect the greatest number of restaurant [and bar] patrons [and employees], while preserving the right to associate in truly private clubs that are not open to the public." Jusufi, 763 N.W.2d at 205 . | 1 | 2011–2011 |
Drouillard v. Keister Williams Newspaper Services, Inc.
green
1 sentence2011Stat.] § 75-1.1, the violation does not automatically result in an unfair or deceptive trade practice under that statute.” Walker v. Fleetwood Homes of N.C., Inc., 362 N.C. 63, 70 , 653 S.E.2d 393, 398 (2007) (quoting Drouillard v. Keister Williams Newspaper Services, 108 N.C. | 1 | 2011–2011 |
Walker v. Fleetwood Homes of North Carolina, Inc.
green
2 sentences2011Stat.] § 75-1.1, the violation does not automatically result in an unfair or deceptive trade practice under that statute.” Walker v. Fleetwood Homes of N.C., Inc., 362 N.C. 63, 70 , 653 S.E.2d 393, 398 (2007) (quoting Drouillard v. Keister Williams Newspaper Services, 108 N.C. 2011Stat.] § 75-1.1, the violation does not automatically result in an unfair or deceptive trade practice under that statute.” Walker v. Fleetwood Homes of N.C., Inc., 362 N.C. 63, 70 , 653 S.E.2d 393, 398 (2007) (quoting Drouillard v. Keister Williams Newspaper Services, 108 N.C. | 1 | 2011–2011 |
Boyd v. Allen
green
2 sentences2006In addition, although 4 N.C.A.C. 2S.0206 professedly was enacted to “serve the public welfare,” see 4 N.C.A.C. 2R.0101; Boyd, 246 N.C. at 154 , 97 S.E.2d at 867 , neither the regulation itself nor any provision of Chapter 18B impose civil liability for violation of the regulation. 2006In addition, although 4 N.C.A.C. 2S.0206 professedly was enacted to “serve the public welfare,” see 4 N.C.A.C. 2R.0101; Boyd, 246 N.C. at 154 , 97 S.E.2d at 867 , neither the regulation itself nor any provision of Chapter 18B impose civil liability for violation of the regulation. | 1 | 2006–2006 |
Hart v. Ivey
green
2 sentences2006Nor does the regulatory requirement “carry out [any] provisions,” id., of the Dram Shop Act, which our Suprefne Court has held is limited to “protecting the public from” the hazards created by underage drinkers, see Hart, 332 N.C. at 304 , 420 S.E.2d at 177 . 2006Nor does the regulatory requirement “carry out [any] provisions,” id., of the Dram Shop Act, which our Suprefne Court has held is limited to “protecting the public from” the hazards created by underage drinkers, see Hart, 332 N.C. at 304 , 420 S.E.2d at 177 . | 1 | 2006–2006 |
International Paper Co. v. Ouellette
green
1 sentence2004A court, however, may presume preemption when federal legislation comprehensively regulates a field and a reasonable inference exists “that Congress ‘left no room’ for supplementary regulation.” Id. at 491 (quoting Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947)). {15} The National Traffic and Motor Vehicle Safety Act of 1966 (the “Safety Act”), 49 U.S.C. § 30101 et seq., sets forth a regulatory framework for the federal government to address the recall of automobiles for safety concerns. | 1 | 2004–2004 |
Jackson v. Housing Authority of High Point
green
1 sentence1995“A statute or ordinance designed for the protection of the public is a ‘safety’ enactment and its violation constitutes negligence per se . . . .” Jackson v. Housing Authority of High Point, 73 N.C. | 1 | 1995–1995 |
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.