mere statutory violation (North Carolina) · Go Syfert
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mere statutory violation in North Carolina

6 North Carolina opinions name it 2 courts 1999–2021 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 (5)

CaseFollowedCited
Garner v. Rentenbach Constructors Inc.green
nc · 1999 · cited in 3 North Carolina opinions naming this issue, 2003–2014
2 sentences

2013However, “[ujnder the rationale of [Supreme Court precedent] something more than a mere statutory violation is required to sustain a claim of wrongful discharge under the public-policy exception.” Garner, 350 N.C. at 571 , 515 S.E.2d at 441 . “[A] degree of intent or wilfulness on the part of the employer [is required].” Id. at 572 , 515 S.E.2d at 441 . “[T]he termination itself must be motivated by an unlawful reason or puipose that is against public policy.” Id.

2013However, “[ujnder the rationale of [Supreme Court precedent] something more than a mere statutory violation is required to sustain a claim of wrongful discharge under the public-policy exception.” Garner, 350 N.C. at 571 , 515 S.E.2d at 441 . “[A] degree of intent or wilfulness on the part of the employer [is required].” Id. at 572 , 515 S.E.2d at 441 . “[T]he termination itself must be motivated by an unlawful reason or puipose that is against public policy.” Id.

23
State v. Hucksgreen
nc · 1988 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

22
State v. Browngreen
nc · 1989 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

22
State v. Mitchellgreen
nc · 1988 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

22
State v. Parkergreen
nc · 1999 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

2021However, this Court has found error per se in cases in which the trial court violated N.C.G.S. § 84-14, State v. Mitchell, 321 N.C. 650, 659 (1988) (quoting N.C.G.S. § 84- 14) (providing that, “in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side”), and N.C.G.S. § 7A-450(b1), State v. Parker, 350 N.C. 411, 421 (1999) (citing N.C.G.S. § N.C.G.S. § 7A-31-450(b1) (mandating the appointment of two counsel to represent defendants in capital cases);

22

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
Brooks v. Stroh Brewery Co. green
ncctapp · 1989
1 sentence

2003App. at 237 , 382 S.E.2d at 882 ; see also Garner v. Rentenbach Constructors, Inc., 350 N.C. 567, 571 , 515 S.E.2d 438, 441 (1999) (“[S]omething more than a mere statutory violation is required to sustain claim ....

12003–2003
Sides v. Duke University green
ncctapp · 1985
1 sentence

1999An employer wrongfully discharges an at-will employee if the termination is done for “an unlawful reason or purpose that contravenes public policy.” Sides, 74 N.C.

11999–1999

Where else courts name it

TX 12 (2000–2026) NC 6 (1999–2021) MO 3 (1880–1954) NY 3 (1964–2007) MI 3 (1993–2025) IN 2 (1954–1954) OH 2 (1999–2003) IL 2 (1997–1997)

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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