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Cunningham v. Goodyear amicus brief

On Behalf of | May 16, 2022 | Firm News

Amicus Brief for the Opinion in Cunningham v. Goodyear Tire and Rubber by the Supreme Court of North Carolina

On Friday May 6, 2022, the Supreme Court of North Carolina filed its opinion in Cunningham v. Goodyear Tire and Rubber Co.  Vernon Sumwalt and Michael Bertics helped the Court with an amicus brief on behalf of the North Carolina Advocates for Justice.

Cunningham was a workers’ compensation claim that looked at whether the two-year limitations period under N.C. Gen. Stat. § 97-24 was jurisdictional or not.  Its significance deals with the standard of review that appellate courts use when reviewing issues under this statute.  According to our Supreme Court, review of these issues uses the de novo standard, which means that our appellate courts are not bound by the Industrial Commission’s findings of fact, even if those findings are supported by the evidence of record.

To read the Supreme Court’s opinion in Cunningham, follow this link: https://appellate.nccourts.org/opinions/?c=1&pdf=41359.

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