fundamental legal principle (North Carolina) · Go Syfert
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fundamental legal principle in North Carolina

5 North Carolina opinions name it 2 courts 1967–2025 2 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
Abbott v. Perezgreen
scotus · 2018 · cited in 1 North Carolina opinions naming this issue, 2023–2023
1 sentence

2023The Abbott Court held that the district court had “committed a fundamental legal error” by requiring “the State to show that the 2013 Legislature somehow purged the ‘taint’ that the court attributed to the defunct and never-used plans enacted by a prior legislature in 2011.” Id. at 2313, 2324 .

11
Faucette v. Zimmermangreen
ncctapp · 1986 · cited in 1 North Carolina opinions naming this issue, 2013–2013
1 sentence

2013App. 265, 271 , 338 S.E.2d 804, 808 (1986). 4 Although the parties have expended considerable time and energy debating the retroactivity question, we do not believe that it is necessary for us to reach that issue given that Defendant’s motion for appropriate relief was subject to denial because the fundamental legal principle upon which Defendant relies in seeking relief from his possession of a firearm by a felon convictions does not constitute a significant change in the substantive or procedural law applied during the proceedings leading up to the entry of the challenged judgments.

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 (3)

CaseCitedYears
Gantt v. City of Hickory green
ncctapp · 2023
2 sentences

2025In the related context of voluntary dismissal under Rule 41(a), this Court has recognized that “where a plaintiff lacked standing to file the initial complaint, that complaint is a nullity leaving no valid complaint to which an amended complaint could relate back.” Gantt v. City of Hickory, 290 N.C. App. 279 , 284, 892 S.E.2d 223 , 227 (2023) (cleaned up), disc. review denied, 386 N.C. 281 , 900 S.E.2d 682 (2024). -6- Although Intrepid Agency relies upon Rules 15(c) and 17(a) rather than Rule 41(a) and strenuously seeks to distinguish Gantt, the fundamental legal principle of that opinion—that

2025In the related context of voluntary dismissal under Rule 41(a), this Court has recognized that “where a plaintiff lacked standing to file the initial complaint, that complaint is a nullity leaving no valid complaint to which an amended complaint could relate back.” Gantt v. City of Hickory, 290 N.C. App. 279 , 284, 892 S.E.2d 223 , 227 (2023) (cleaned up), disc. review denied, 386 N.C. 281 , 900 S.E.2d 682 (2024). -6- Although Intrepid Agency relies upon Rules 15(c) and 17(a) rather than Rule 41(a) and strenuously seeks to distinguish Gantt, the fundamental legal principle of that opinion—that

12025–2025
Williams v. Blue Cross Blue Shield of NC green
nc · 2003
2 sentences

2018In seeking relief from the Court of Appeals' decision before this Court, the Town argues that the Court of Appeals had ignored the fundamental legal principle that a claim accrues when the right to maintain an action arises, which, in this case, was the date upon which the challenged ordinances became effective, citing Williams v. Blue Cross Blue Shield of North Carolina , 357 N.C. 170 , 177-78, 581 S.E.2d 415 , 423 (2003).

2018In seeking relief from the Court of Appeals' decision before this Court, the Town argues that the Court of Appeals had ignored the fundamental legal principle that a claim accrues when the right to maintain an action arises, which, in this case, was the date upon which the challenged ordinances became effective, citing Williams v. Blue Cross Blue Shield of North Carolina , 357 N.C. 170 , 177-78, 581 S.E.2d 415 , 423 (2003).

12018–2018
State v. . Mansfield green
nc · 1934
2 sentences

1967State v. Mansfield, 207 N.C. 233 , 176 S.E. 761 ; N. C.

1967State v. Mansfield, 207 N.C. 233 , 176 S.E. 761 ; N. C.

11967–1967

Where else courts name it

PA 23 (1977–2025) NJ 10 (1979–2026) CA 9 (1932–2026) NY 8 (1980–2017) OH 8 (1975–2025) WV 7 (1965–2018) TX 7 (1971–2024) NC 5 (1967–2025) WI 5 (1989–2022) LA 4 (1961–2026) OK 3 (1996–2021) OR 3 (2018–2024) MN 3 (2003–2024) GA 3 (1972–2021) MI 3 (1959–2023) DC 3 (2001–2006) IL 3 (1948–2019) MS 2 (2016–2016) SC 2 (1980–2025) AL 2 (1956–2004) MO 2 (1983–1984)

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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