learned profession exception (North Carolina) · Go Syfert
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learned profession exception in North Carolina

6 North Carolina opinions name it 2 courts 2002–2019 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 (1)

CaseFollowedCited
Reid v. Ayersgreen
ncctapp · 2000 · cited in 4 North Carolina opinions naming this issue, 2002–2018
2 sentences

2018App. 261 , 531 S.E.2d 231 (2000), this Court articulated the following test to determine when the learned profession exception applies: "In order for the learned profession exemption to apply, a two-part test must be satisfied.

2015App. 261 , 531 S.E.2d 231 (2000). {60} In Reid v. Ayers, the North Carolina Court of Appeals established a two-part test to determine whether activities fell within the learned profession exception: (1) “the person or entity performing the alleged act must be a member of a learned profession,” and (2) “the conduct in question must be a rendering of professional services.” Id. at 266 , 531 S.E.2d at 235.

24

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 (5)

CaseCitedYears
Sperry Corp. v. Patterson green
ncctapp · 1985
1 sentence

2019The North Carolina Court of Appeals’ decisions in Sperry Corp. v. Patterson, 73 N.C.

12019–2019
Hardy v. Toler green
nc · 1975
2 sentences

2019With regard to unfair or deceptive trade practice claims, the jury determines the facts underlying the plaintiff’s claim, “and based on the jury’s finding[s], the court . . . [determines] as a matter of law whether the defendant engaged in unfair or deceptive acts or practices in the conduct of trade or commerce.” Hardy v. Toler, 288 N.C. 303, 310 , 218 S.E.2d 342 , 346–47 (1975).

2019With regard to unfair or deceptive trade practice claims, the jury determines the facts underlying the plaintiff’s claim, “and based on the jury’s finding[s], the court . . . [determines] as a matter of law whether the defendant engaged in unfair or deceptive acts or practices in the conduct of trade or commerce.” Hardy v. Toler, 288 N.C. 303, 310 , 218 S.E.2d 342 , 346–47 (1975).

12019–2019
Cameron v. New Hanover Memorial Hospital, Inc. green
ncctapp · 1982
1 sentence

2018Id.

12018–2018
Abram v. Charter Medical Corp. of Raleigh, Inc. green
ncctapp · 1990
1 sentence

2015Corp. of Raleigh, Inc., 100 N.C.

12015–2015
Sharp v. Gailor green
ncctapp · 1999
1 sentence

2015App. 213 , 510 S.E.2d 702 (1999) (holding that the practice of law falls within the learned profession exception); Abram v. Charter Med.

12015–2015

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 75-1.1 (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.

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