148 N.C. App. 71 - Mitchell v. Linville’s Empirical Analysis
2001
Citation profile
2 federal appellate · 51 state decisions
How this case has been cited
Cited by 58 later decisions — most recently March 2026 · most notably Walker v. Fleetwood Homes of North Carolina, Inc. (2007), South Atlantic Limited Partnership of Tennessee Lp (2002)
2 federal appellate · 51 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Marshall v. Miller · Johnson v. Phoenix Mutual Life Insurance · 107 N.C. App. 53 - Branch Banking and Trust Co. v. Thompson · 101 N.C. App. 450 - Spartan Leasing Inc. v. Pollard · Hartley v. Ballou
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Substantial aggravating circumstances' must attend the breach in order to recover under the Act. A violation of Chapter 75 is unlikely to occur during the course of contractual performance, as these types of claims are best resolved by simply determining whether the parties properly fulfilled their contractual duties.”
4 later decisions quote this exact passage“If a practice has the capacity or tendency to deceive, it is deceptive for the purposes of the statute. `Unfairness' is a broader concept than and includes the concept of `deception.' A practice is unfair when it offends established public policy, as well as when the practice is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”
1 later decision quote this exact passage“(1) an unfair or deceptive act or practice, or an unfair method of competition, (2) in or affecting commerce, (3) which proximately caused actual injury to the plaintiff or to his business.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.