199 N.C. App. 281 - Whiteheart v. Waller’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Dismissal under Rule 12(b)(6) is proper when one of the following three conditions is satisfied: (1) the complaint on its face reveals that no law supports the plaintiff's claim; (2) the complaint on its face reveals the absence of facts sufficient to make a good claim; or (3) the complaint discloses some fact that necessarily defeats the plaintiff's claim.”

   2 later decisions quote this exact passage
   e.g. 246 N.C. App. 419 - Freedman v. Payne · 204 N.C. App. 210 - City of Asheville v. Huskey

2. “have long recognized the in pari delicto doctrine, which prevents the courts from redistributing losses among wrongdoers.”

   2 later decisions quote this exact passage · from the majority
   e.g. 246 N.C. App. 419 - Freedman v. Payne · 253 N.C. App. 282 - Freedman v. Payne

3. “When applying in pari delicto in legal malpractice actions, some courts have distinguished between wrongdoing that would be obvious to the plaintiff and 'legal matters so complex ... that a client could follow an attorney's advice, do wrong and still maintain suit on the basis of not being equally at fault.'”

   1 later decision quote this exact passage · from the majority
   e.g. 246 N.C. App. 419 - Freedman v. Payne