Legal Opinion

T&A Amusements, LLC v. McCrory

Court of Appeals of North Carolina

Decided February 7, 2017No. COA16-161PublishedCited by 3 opinions

1Opinion of the Court

DAVIS, Judge.

This case requires us to revisit the issue of whether lawsuits brought by companies in the business of licensing and distributing promotional rewards programs seeking declaratory and injunctive relief as to the legality of those programs are barred by sovereign immunity or are otherwise nonjusticiable. Crazie Overstock Promotions, LLC ("Crazie Overstock") and T and A Amusements, LLC ("T&A") (collectively "Plaintiffs") argue that the trial court erred in dismissing their amended complaint pursuant to Rules 12(b)(1), (2), and (6) of the North Carolina Rules of Civil Procedure.…

2Cases cited20 opinions

  1. Craig Ex Rel. Craig v. New Hanover County Board of EducationSupreme Court of North Carolina · 2009
  2. Moore v. City of CreedmoorSupreme Court of North Carolina · 1997
  3. Sharpe v. Park Newspapers of Lumberton, Inc.Supreme Court of North Carolina · 1986
  4. Evans v. Housing Auth. of City of RaleighSupreme Court of North Carolina · 2004
  5. Goldston v. StateSupreme Court of North Carolina · 2006

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3Cited by3 opinions

  1. Ray Biggs v. NC Dept of Public SafetyCourt of Appeals for the Fourth Circuit · 2020
  2. Crazie Overstock Promotions, LLC v. McVickerCourt of Appeals of North Carolina · 2018
  3. S&M Brands, Inc. v. SteinNorth Carolina Business Court · 2018

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