Opinions by Supreme Court Justices During the 2011 Term

As part of our continuing goal of keeping you up to date on what is going on in North Carolina's Appellate Courts, this post will catalog the opinions authored by each Justice.  We will update this list as the year goes on. 

Last updated on October 24, 2011

Chief Justice Sarah Parker
Majority Opinion Author

• State v. Biber
• In re J.H.K and J.D.K.
• State v. Nabors

Concurring Opinion Author

Dissenting Opinion Author

Justice Mark Martin
 
Majority Opinion Author

• N.C. Farm Bureau Mutual Insurance Co. v. Sadler
• Morris Communications Corp. v. Besemer City Zoning Board of Adjustment
• State v. Yencer
• State v. Starr

Concurring Opinion Author
 
Dissenting Opinion Author
 
Justice Robert H. Edmunds, Jr.
 
Majority Opinion Author

• State v. Sargeant
• State v. Phillips
• State v. Choudhry

Concurring Opinion Author

Dissenting Opinion Author

Justice Paul M. Newby
 
Majority Opinion Author

• Raymond v. N.C. Police Benevolent Ass'n, Inc.
• State v. Nickerson

Concurring Opinion Author

Dissenting Opinion Author

• Libertarian Party v. State

Justice Patricia Timmons-Goodson
 
Majority Opinion Author

• Libertarian Party v. State
• Underwood v. Underwood
• Lee v. Gore

Concurring Opinion Author

Dissenting Opinion Author
 
Justice Robin E. Hudson
 
Majority Opinion Author

• State v. Lane
• State v. Hill
• State v. Moore

Concurring Opinion Author

Dissenting Opinion Author

Justice Barbara Jackson 

Majority Opinion Author

• Cummings v. Ortega
• Conner v. N.C. Counsel of State

Concurring Opinion Author

Dissenting Opinion Author

Per Curiam Opinions

• State v. Pinkerton
• State v. Long
• Munger v. State
• State v. Freeman
• Cardwell v. Jenkins Cleaners, Inc.
• McCaskill v. Department of State Treasurer
• Gardner v. Tallmadge
• Treadway v. Diez (53A11)
• Treadway v. Diez (52A11)
• State v. Edwards
• State v. Marler
• State v. Pasteur
• Amward Homes v. Town of Cary
• Dobson v. Substitute Trustee Services, Inc.
• State v. Slaughter
• Orr v. Calvert
• State

COA: Failure to Assert Right to Arbitration Until Trial Date Results in Waiver

Yesterday the Court of Appeals held that a plaintiff waived her right to arbitration when she requested a jury trial and litigated the matter for about two years, but then moved to compel arbitration on the eve of the second scheduled trial date. The case is Herbert v. Marcaccio.

In Herbert, the trial court concluded that plaintiff waived her right to arbitration by proceeding with litigation "so far and in such a manner" that defendant was prejudiced by having to expend "significant resources." The trial court noted that plaintiff waived arbitration by failing to respond to discovery.

The COA agreed that Plaintiff waived her right to compel arbitration, but not due to any action related to discovery. The COA held that the waiver occurred because Plaintiff failed to demand arbitration after the right accrued and after Defendant expended significant resources. The right to demand arbitration accrued on 24 February 2007, and Plaintiff filed the suit eight months later requested a jury trial. Over the course of the next two years, Defendant's counsel had to "prepare for and attend three court hearings and engage in other defense activities, resulting in an expenditure of resources (including time and expense)that would have been unnecessary had plaintiff moved to compel arbitration earlier." Over that time period plaintiff gave no indication that she had changed her mind about proceeding with a jury trial, and Plaintiff did not move to compel arbitration until right before the second scheduled trial date.

The COA also held that the trial court did not need to make specific findings regarding the exact costs expended by Defendant in order to conclude that it had expended significant resources on the lawsuit due to Plaintiff's failure to demand arbitration. The COA found that Defendant's counsel's attendance at multiple hearings and participating in litigation for two years was enough to support a conclusion that "significant resources" were expended.

COA Opinions

Today the North Carolina Court of Appeals issued 32 opinions.  We will post on any opinions of note later. 

COA Opinions

The COA published 17 opinions today: ten civil, six criminal, and one juvenile. Expect posts on the civil cases shortly.