regulatory requirement (North Carolina) · Go Syfert
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regulatory requirement in North Carolina

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.

Followed or applied (2)

CaseFollowedCited
Federal Communications Commission v. Beach Communications, Inc.green
scotus · 1993 · cited in 2 North Carolina opinions naming this issue, 2011–2011
2 sentences

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.

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.

22
Rice v. Santa Fe Elevator Corp.green
scotus · 1947 · cited in 1 North Carolina opinions naming this issue, 2004–2004
1 sentence

2004A 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.

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 (8)

CaseCitedYears
Noble v. HOOTERS OF GREENVILLE (NC), LLC green
ncctapp · 2009
2 sentences

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 .

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 .

12014–2014
City of Wausau v. Jusufi green
wisctapp · 2008
1 sentence

2011As 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 .

12011–2011
Drouillard v. Keister Williams Newspaper Services, Inc. green
ncctapp · 1992
1 sentence

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.

12011–2011
Walker v. Fleetwood Homes of North Carolina, Inc. green
nc · 2007
2 sentences

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.

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.

12011–2011
Boyd v. Allen green
nc · 1957
2 sentences

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.

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.

12006–2006
Hart v. Ivey green
nc · 1992
2 sentences

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 .

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 .

12006–2006
International Paper Co. v. Ouellette green
scotus · 1987
1 sentence

2004A 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.

12004–2004
Jackson v. Housing Authority of High Point green
ncctapp · 1985
1 sentence

1995“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.

11995–1995

Where else courts name it

NY 99 (1962–2026) NJ 64 (1951–2026) CA 59 (1980–2026) MA 28 (1983–2026) TX 26 (1926–2025) IL 26 (1981–2025) PA 24 (1981–2025) DC 18 (1979–2017) MD 18 (1993–2026) WA 16 (2006–2026) NM 12 (2003–2026) OR 10 (1977–2023) CT 9 (1996–2025) VT 8 (1997–2025) NE 8 (1994–2021) CO 8 (1991–2026) OH 8 (1991–2023) AK 7 (1976–2025) MI 7 (1997–2020) KS 7 (1993–2026) NC 7 (1995–2014) ME 6 (2007–2026) VA 6 (1987–2023) IA 6 (1980–2026) LA 6 (2005–2025) UT 5 (1993–2019) NV 5 (2015–2015) WI 5 (1990–2023) AZ 5 (1999–2020) MO 5 (1984–2019) MT 5 (2004–2016) DE 4 (1979–2026) GA 3 (2000–2013) FL 3 (1986–1995) TN 2 (2012–2023) KY 2 (2006–2016) WY 2 (2019–2020) RI 2 (2009–2012) MN 2 (2015–2019) IN 2 (1990–1993) SC 2 (2009–2009) SD 2 (2009–2011)

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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