184 N.C. App. 526 - Clawser v. Campbell’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[T]rial courts are not without the power to sanction parties for failure to comply with discovery orders." Harrison v. Harrison , 180 N.C. App. 452 , ----, 637 S.E.2d 284 , 288 (2006). Striking of defenses or counterclaims is an appropriate remedy, and is within the province of the trial court. Jones v. GMRI, Inc. , 144 N.C. App. 558 , 565, 551 S.E.2d 867 , 872 (2001). This Court will not disturb a dismissal absent a showing of abuse of discretion by the trial judge. Benton v. Hillcrest Foods, Inc. , 136 N.C. App. 42 , 524 S.E.2d 53 (1999). However, if the trial court chooses to exercise the option of striking a party's defenses or counterclaims, it must do so after considering lesser sanctions. See In re Pedestrian Walkway Failure , 173 N.C. App. 237 , 251, 618 S.E.2d 819 (2005) ; Goss v. Battle , 111 N.C. App. 173 , 176, 432 S.E.2d 156 , 159 (1993).”

   3 later decisions quote this exact passage
   e.g. O'Buckley v. O'Buckley · 259 N.C. App. 443 - Gea, Inc. v. Luxury Auctions Mktg., Inc.

2. “The guardian of the person may give any consent or approval that may be necessary to enable the ward to receive medical, legal, psychological, or other professional care, counsel, treatment, or service[.]”

   1 later decision quote this exact passage
   e.g. 199 N.C. App. 319 - Granville v. YEDDO

3. “to compromise, adjust, arbitrate, sue on or defend, abandon, or otherwise deal with and settle any other claims in favor of or against the ward.”

   1 later decision quote this exact passage
   e.g. 199 N.C. App. 319 - Granville v. YEDDO