251 N.C. App. 554 - Mitchell v. Pruden’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[b]ecause we presume that defendant discharged his duties in good faith and exercised his power in accordance with the spirit and purpose of the law and plaintiffs have not shown any evidence to the contrary, we hold that the [ ] complaint failed to allege facts which would support a legal conclusion that defendant acted with malice”

   2 later decisions quote this exact passage
   e.g. 265 N.C. App. 216 - McCullers v. Lewis · 264 N.C. App. 692 - Doe v. Wake County

2. “Although well-pleaded factual allegations of the complaint are treated as true for purposes of a 12(b)(6) motion, conclusions of law or unwarranted deductions of facts are not admitted. A complaint is not sufficient to withstand a motion to dismiss if an insurmountable bar to recovery appears on the face of the complaint. Such an insurmountable bar may consist of an absence of law to support a claim, an absence of facts sufficient to make a good claim, or the disclosure of some fact that necessarily defeats the claim.”

   1 later decision quote this exact passage
   e.g. Bunch v. Britton

3. “fail[s] to allege facts which would support a legal conclusion that defendant[s] acted with malice.”

   1 later decision quote this exact passage
   e.g. 264 N.C. App. 692 - Doe v. Wake County