191 N.C. App. 64 - Dailey v. Popma’s Empirical Analysis

Citation profile

23 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An appeal from an interlocutory order is permissible only if (1) the trial court certified the order under Rule 54(b) of the Rules of Civil Procedure, or (2) the order affects a substantial right that would be lost without immediate review. The burden rests on the appellant to establish the basis for an interlocutory appeal.”

   2 later decisions quote this exact passage
   e.g. 205 N.C. App. 200 - Mathis v. Daly · 206 N.C. App. 687 - Harco National Insurance v. Grant Thornton LLP

2. “The internet presents unique considerations when it comes to issues of personal jurisdiction. Because of the nature of the internet, this Court ... adopted the Fourth Circuit’s personal jurisdiction test for internet communications set out in ALS Scan, Inc. v. Digital Serv. Consultants, Inc., 293 F.3d 707 (4th Cir.2002), ce rt. denied, 537 U.S. 1105 , 123 S.Ct. 868 , 154 L.Ed.2d 773 (2003). In this case, we adopt the Fourth Circuit’s refinement of that test in Young v. New Haven Advocate, 315 F.3d 256 (4th Cir.2002), cer t. denied, 538 U.S. 1035 , 123 S.Ct. 2092 , 155 L.Ed.2d 1065 (2003). Because plaintiff has presented no evidence suggesting that defendant, through his internet postings, manifested an intent to target and focus on North Carolina readers, the record contains no basis, under the Young test, for asserting personal jurisdiction over defendant.”

   1 later decision quote this exact passage
   e.g. 725 F. Supp. 2d 549 - Moseley v. FILLMORE CO., LTD.

3. “When, as here, the defendant presents evidence in support of his motion, the “ ‘allegations [in the complaint] can no longer be taken as true or controlling and plaintiff[ ] cannot rest on the allegations of the complaint.’ ” In that event, to determine whether there is sufficient evidence to establish personal jurisdiction, the court must consider: “(1) any allegations in the complaint that are not controverted by the defendant’s affidavit and (2) all facts in the affidavit (which are uncontroverted because of the plaintiff’s failure to offer evidence).””

   1 later decision quote this exact passage
   e.g. 194 N.C. App. 407 - Cambridge Homes of North Carolina Ltd. Partnership v. Hyundai Construction, Inc.