Legal Opinion

Burley v. U.S. Foods, Inc.

Court of Appeals of North Carolina

Decided April 1, 2014No. COA13-860PublishedCited by 4 opinions

1Opinion of the Court

HUNTER, JR., Robert N., Judge.

Vincent Burley (“Plaintiff’) appeals from the 28 June 2013 opinion and award of the Full Commission of the North Carolina Industrial Commission (the “Commission”), which concluded that the Commission did not have subject matter jurisdiction to hear Plaintiffs claim. Plaintiff argues the Commission had subject matter jurisdiction because a modification to his contract was approved by defendant U.S. Foods Inc. (“U.S. Foods”) in Charlotte. We agree and reverse the Commission’s opinion and award.

I. Facts & Procedural History

On 8 July 2011, Plaintiff filed a claim for…

2Cases cited25 opinions

  1. Craig Ex Rel. Craig v. New Hanover County Board of EducationSupreme Court of North Carolina · 2009
  2. Spartan Leasing Inc. v. PollardCourt of Appeals of North Carolina · 1991
  3. Correll v. Division of Social ServicesSupreme Court of North Carolina · 1992
  4. Lucas v. Li'l General StoresSupreme Court of North Carolina · 1976
  5. Chambers v. Transit ManagementSupreme Court of North Carolina · 2006

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3Cited by4 opinions

  1. McCabe v. Abbott Laboratories, Inc.District Court, E.D. North Carolina · 2014
  2. Burley v. U.S. Foods, Inc.Supreme Court of North Carolina · 2015
  3. Burley v. U.S. Foods, Inc.Supreme Court of North Carolina · 2015
  4. Laticia N. Beatty v. PruittHealth Inc.; PruittHealth – Carolina Point, LLC; Kurtis Jones, in his individual and official capacity; and Della Mervin, in her individual and official capacityDistrict Court, M.D. North Carolina · 2026

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