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State v. Benbow, 169 N.C. App. 613, 610 S.E.2d 297 (2005)

Applying the then-current version of § 20-17.8, the Court of Appeals reversed a district court order that had exempted a driver from the ignition interlock requirement and directed DMV to reinstate her license without the device. The court held that the interlock requirement on restoration is mandatory, that DMV's decision was therefore not discretionary, that there is no right of review under § 20-25 where the license action is mandatory, and that the district court accordingly lacked jurisdiction to grant the exemption (and in any event DMV had not been given the statutorily required notice). A court cannot simply waive the requirement or order the Division to issue an unrestricted license.

Cited on: Can North Carolina's Ignition Interlock Requirement Be Waived? · Modifying a 2007 DWI Sentence and Skipping the Interlock Phase

Cohane v. The Home Missioners of America, 387 N.C. 1, 911 S.E.2d 43 (2025)

Affirming the Court of Appeals, the Supreme Court of North Carolina held that the text and context of § 4.2(b) of the SAFE Child Act confirm that the temporary revival provision authorizes revived claims against alleged sexual abusers of children and their enablers alike — the trial court had wrongly limited revival to direct abusers and dismissed the negligence claims against the religious institutions that employed and supervised the abuser.

Cited on: Time Limits on Past Unreported Domestic Abuse in North Carolina

State v. Jones, 367 N.C. 299 (2014) — Supreme Court of North Carolina

We conclude that the State presented sufficient evidence to support the jury’s determination that Jones possessed the specific intent to commit identity theft.

Cited on: Defending Against Identity Theft and False Pretense Charges

Terri Cowgill v. First Data Technologies, Inc., 41 F. 4th 370 (2022) — Court of Appeals for the Fourth Circuit

Because the court erred in holding that there are no genuine issues of material fact precluding summary judgment on the disability discrimination claim, we must vacate its judgment and remand for further proceedings consistent with this opinion.

Cited on: Termination While on Approved Medical Leave