Phil Berger Jr. — Decisions — The Justice Project

North Carolina Supreme Court

Every decision · Phil Berger Jr.

208 participated · 47 wrote · recusals and non-participation shown, never counted as agreement or disagreement.

2026

48 decisions

State v. Dustin J. Martinez

Majority opinion

Sneed v. Johnston

State v. Terry Wayne Norris, Jr.

State v. Kevin Leigh Wingate

State v. Allen Jhalil Williams

Sessoms v. Toyota Motor Sales, U.S.A., Inc., et al.

State v. Kedrick Daquane Thomas

Wrote concurrence

State v. Michael John Moore, Sr.

K.H. v. Dixon, et al.

State v. Codie Bruce Schiene

Majority opinion

State v. Charles Leon Garmon

State v. William David Lingerfelt

State v. Garry Joseph Gupton

Majority opinion

State v. Khalil Abdul Farook

Wrote concurrence

Turpin v. Charlotte Latin Schools, Inc., et al.

State v. Dallas Jerome McGirt

Costanzo, et al. v. Currituck County, et al.

Shively v. ACI Learning Holdings, LLC, et al.

State v. Wendy Dawn Lamb Hicks

State ex rel. NC Utilities Commission, et al. v. CIGFUR III, et al.

State v. William Eugene Robinson

Hill v. Ewing, et al.

State v. Tyron Lamont Dobson

State v. Bryan Scott Tadlock

Majority opinion

Surgeon, et al. v. TKO Shelby, et al.

State v. Donnie Ray Nunnally

Majority opinion

Bradley Home, Caring for Wake Community and the Carolinas, Inc. v. N.C. Department of Health & Human Services

Abortion & Healthcare

State v. Blaine Dale Hague

State v. Terrel Dawayne Rowdy

Langley v. Autocraft, Inc., et al.

Workplace Rights

State v. Julie Ann Mincey

Relation Insurance, Inc., et al. v. Pilot Risk Management Consulting, LLC, et al.

Workplace Rights

State of NC, ex rel. NC Utilities Commission, et al. v. Carolina Industrial Group for Fair Utility Rates II, et al.

In re: Judge Cole

Wrote concurrence

State v. Iziah Barden

Hoke County Board of Education, et al. v. State of North Carolina, et al.

Wrote concurrence

Wardson Construction, Inc., et al. v. City of Raleigh

In re: N.M.W. and A.N.D.

Wrote concurrence

Talley v. Earth Fare 2020, Inc., et al.

Warren v. Cielo Ventures, Inc.

Majority opinion

State v. Quantez Lashay Thomas

Byrd, et al. v. Avco Corporation, et al.

Majority opinion

Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan

State v. Damarlo Jamon Perry

Majority opinion

Armistead, et al. v. County of Carteret

2025

77 decisions

State v. George Lee Allison

Majority opinion

Howard, et al. v. MAXISIQ, et al.

Haythe v. Haythe

Cottle v. Mankin, et al.

Abortion & Healthcare

Mata v. N.C. Department of Transportation, et al.

State v. Pedro Isaias Calderon

NC Department of Revenue v. Wireless Center of NC, Inc.

Gvest Real Estate, LLC v. JS Real Estate Investments, LLC, et al.

State v. Scott Everett Ford

Wrote concurrence

Empire Contractors Inc. v. Town of Apex

Wrote concurrence

State v. Mack Vernon Bracey

State v. Quashan Melsun Reel

State v. James Ryan Kelliher

Majority opinion

Lassiter v. Robeson County Sheriff's Department, et al.

Workplace Rights

Sanders v. N.C. Department of Transportation

Durham Green Flea Market v. City of Durham

Mitchell v. The University of N.C. Board of Governors

Workplace Rights

State v. Demetria L. Norman

State v. Jonathan Ray Lail

Southland National Insurance Corporation, et al. v. Lindberg, et al.

State v. Charlotte Chemuti

Pinnacle Health Services of N.C. LLC v. N.C. Department of Health & Human Services, et al.

Abortion & Healthcare

Majority opinion

Long v. Fowler, et al.

Majority opinion

State v. Mario Wilson

Majority opinion

Mauck v. Cherry Oil Co., Inc., et al.

NC Department of Environmental Quality v. N.C. Farm Bureau Federation, Inc., et al.

State v. Marty Douglas Rogers

Creech v. Town of Cornelius, et al.

Land v. Whitley, et al.

Abortion & Healthcare

Schroeder v. The Oak Grove Farm Homeowners Association

N.C. Bar and Tavern Association, et al. v. Stein

Majority opinion

Devalle v. N.C. Sheriffs' Education and Training Standards Commission

Workplace Rights

In re: E.H. & R.H.

Town of Apex v. Rubin

Cutter v. Vojnovic, et al.

Savage v. N.C. Department of Transportation

Workplace Rights

NC Department of Revenue v. Philip Morris USA

Howell, et al. v. Cooper, et al.

State v. Eric Wright

Jackson, et al. v. Home Depot U.S.A., Inc., et al.

Town of Apex v. Rubin

Moseley v. Hendricks, et al.

Durbin v. Durbin

White v. N.C. Department of Health & Human Services, et al.

Abortion & Healthcare

State v. Stephon Denard Melton

Jones v. J. Kim Hatcher Insurance Agencies, Inc., et al.

State v. Grant Lee Hunt

In re: Judge Kimble

Wrote concurrence

State v. James Fredrick Bowman

State v. Eric Ramond Chambers

Hwang v. Cairns, et al.

Abortion & Healthcare

Majority opinion

Hanson, et al. v. Charlotte-Mecklenburg Board of Education

State v. Ronald Wayne Macon, Jr.

Ayers v. Currituck County Department of Social Services

Vanguard Pai Lung, LLC, et al. v. Moody, et al.

Charles Schwab & Co., Inc. v. Marilley

State v. Kendrick Keyanti Gregory

Ashe County v. Ashe County Planning Board, et al.

Did not participate

State v. Kaylore Fenner

State v. Antwaun Sims

Majority opinion

Lannan, et al. v. Board of Governors of the University of N.C.

State v. Tristan Noah Borlase

Majority opinion

State v. Mark Alan Miller

State v. Bryan Christopher Bell

Happel v. Guilford County Board of Education, et al.

Abortion & Healthcare

Wrote concurrence

McKinney, et al. v. Goins, et al.

John Doe 1K v. Roman Catholic Diocese of Charlotte

John Doe v. Roman Catholic Diocese of Charlotte

State v. Francisco Edgar Tirado

Wrote concurrence

Cohane v. The Home Missioners of America, et al.

Workplace Rights

State v. Andre Eugene Lester

James H.Q. Davis Trust, et al. v. JHD Properties, LLC, et al.

2024

68 decisions

Dieckhaus, et al. v. Board of Governors of The University of N.C.

Sturdivant v. N.C. Department of Public Safety

Workplace Rights

North State Deli, LLC, et al. v. The Cincinnati Insurance Company, et al.

Schooldev East, LLC v. Town of Wake Forest

In re: Chastain

State v. Seaga Edward Gillard

Majority opinion

Cato Corporation, et al. v. Zurich American Insurance Company

Zander, et al. v. Orange County, NC, et al.

State v. Jamey Lamont Wilkins

Abortion & Healthcare

Philip Morris USA, Inc. v. N.C. Department of Revenue

Builders Mutual Insurance Company v. Neibel

State v. Jason William King

Gardner, et al. v. Richmond County

State v. Kyle Allen Burris

Singleton, et al. v. N.C. Department of Health & Human Services, et al.

Abortion & Healthcare

Cowperthwait v. Salem Baptist Church, Inc.

State v. Travis Lamont Davenport

Cullen v. Logan Developers, Inc.

State v. Phillip Brandon Daw

Majority opinion

Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC

In re: A.J., J.C., J.C.

Arter v. Orange County, et al.

Department of Transportation v. Bloomsbury Estates, LLC, et al.

Kinsley v. Ace Speedway Racing, Ltd., et al.

Abortion & Healthcare

State v. Angela Benita Phillips

Majority opinion

Ha, et al. v. Nationwide General Insurance Company

State v. Robin Applewhite

In re: A.J.L.H., C.A.L.W., M.J.L.H.

Askew, et al. v. City of Kinston

Canteen, et al. v. Charlotte Metro Credit Union

Workplace Rights

Majority opinion

State v. Joshua David Reber

MidFirst Bank v. Brown, et al.

N.C. Department of Revenue v. FSC II, LLC

State v. Tevin Demetrius Vann

Majority opinion

In re: Southeastern Eye Center

State v. Chad Cameron Copley

Workplace Rights

In re: K.B., A.M.H., M.S.H.

Hinman v. Cornett

State v. Eric Pierre Stewart

In re: The McClatchy Co., LLC, et al.

State v. Walter D. Giese

State v. Charles Singleton

Majority opinion

State v. Mack Washington

Bouvier, et al. v. Porter, et al.

Elections & Voting

State v. Daniel Raymond Jonas

Fearrington, et al. v. City of Greenville, et al.

Taylor, et al. v. Bank of America, N.A.

Did not participate

Estate of Graham v. Lambert, et al.

The Society for the Historical Preservation of the Twenty-Sixth N.C. Troops, Inc. v. City of Asheville, et al.

Majority opinion

State v. Richard Henry Jordan, Jr.

Washington, et al. v. Cline, et al.

Kluttz-Ellison v. Noah's Playloft Preschool, et al.

Workplace Rights

Upchurch v. Harp Builders, Inc., et al.

Surgeon, et al. v. TKO Shelby, et al.

State v. Kenneth Louis Walker

Wrote concurrence

Slattery v. Appy City, LLC, et al.

NC Farm Bureau Mutual Insurance Company, Inc. v. Lanier Law Group, P.A., et al.

N.C. Farm Bureau Mutual Insurance Company, Inc. v. Hebert

Terry v. Public Service Company of N.C., Inc., et al.

Beavers v. McMican

In re: Judge Foster

State v. Glenn Spencer Boyette, Jr.

Bradshaw, et al. v. Maiden, et al.

Halikierra Community Services LLC v. NCDHHS, et al.

Abortion & Healthcare

2023

17 decisions

State v. Russell William Tucker

Majority opinion

State v. Jahzion Wilson

State v. Melvin Ray Woolard, Jr.

N.C. Farm Bureau Mut. Ins. Co., Inc. v. Herring

Elections & Voting

State v. Darren O'Brien Lancaster

Majority opinion

State v. Isaiah Scott Beck

State v. Fernando Alvarez

Morris v. Rodeberg, et al.

Abortion & Healthcare

Wynn v. Frederick, et al.

State v. Larry Fritsche

D.V. Shah Corp. v. Vroombrands, LLC, et al.

Town of Midland v. Harrell, et al.

State v. Troy Logan Pickens

McKnight, et. al. v. Wakefield Missionary Baptist Church, Inc., et al.

State v. Roger Arthur, Jr.

Batson, et al. v. Coastal Resources Commission, et al.

State v. Joanna Kaye Julius

Majority opinion