174 N.C. App. 714 - Willen v. Hewson’s Empirical Analysis

Citation profile

29 state decisions

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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Upon a finding of such competent evidence, this Court is bound by the trial court’s findings of fact even if there is also other evidence in the record that would sustain findings to the contrary. Competent evidence is evidence “that a reasonable mind might accept as adequate to support the finding. The trial court’s conclusions of law, by contrast, are reviewable de novo.”

   2 later decisions quote this exact passage
   e.g. Lake Toxaway Community Association, Inc. v. RYF Enterprises, LLC · Seraph Garrison, LLC v. Garrison

2. “(1) a false representation or a concealment of a material fact which is (2) reasonably calculated to deceive, (3) made with the intent to deceive, (4) which does in fact deceive, and (5) results in damage to the injured party.”

   2 later decisions quote this exact passage
   e.g. 201 N.C. App. 726 - I-Conn Healthcare Solutions, LLC v. Advanced Internet Technologies, Inc. · 175 N.C. App. 793 - Hair v. Melvin

3. “`Proof of fraud would necessarily constitute a violation of the prohibition against unfair and deceptive acts . . . .' Bhatti v. Buckland, 328 N.C. 240, 243 , 400 S.E.2d 440, 442 (1991) (quoting Hardy v. Toler, 288 N.C. 303, 309 , 218 S.E.2d 342, 346 (1975)). 'Once the plaintiff has proven fraud, thereby establishing prima facie a violation of Chapter 75, the burden shifts to the defendant to prove that he is exempt from the provisions of N.C.G.S. § 75-1.1.' Id. at 243-44, 400 S.E.2d at 442 (emphasis added) (citation omitted).”

   1 later decision quote this exact passage
   e.g. 175 N.C. App. 793 - Hair v. Melvin