91 N.C. App. 1 - Warfield v. Hicks’s Empirical Analysis
1988
Citation profile
2 federal appellate · 36 state decisions
How this case has been cited
Cited by 46 later decisions — most recently August 2019 · most notably Rowan County Board of Education v. United States Gypsum Co. (1992), 99 N.C. App. 587 - Forbes v. Par Ten Group, Inc. (1990)
2 federal appellate · 36 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Marshall v. Miller · Johnson v. Phoenix Mutual Life Insurance · Oates v. Jag, Inc. · Hardy v. Toler · North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘Whether a trade practice is unfair or deceptive usually depends upon the facts of each case and the impact the practice has in the marketplace. A practice is unfair when it offends established public policy as well as when the practice is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers. ... [A] practice is deceptive if it has the capacity or tendency to deceive; proof of actual deception is not required. . . . [T]he consumer need only show that an act or practice possessed the tendency or capacity to mislead, or created the likelihood of deception . . .’”
1 later decision quote this exact passage“In Oates , the Court did recognize, . . . that such a cause of action exists in favor of an owner who is not the original purchaser. However, nothing in that decision suggests an intent to overrule the Court’s earlier holding in Ports Authority with respect to claims by the initial purchaser. We therefore presume that the Court intended to leave that holding intact, and to. merely recognize a means of redress for those purchasers who suffer economic loss or damage from improper construction but who, because not in privity with the builder, have no basis for recovery in contract or warranty.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.