Social commentators have described our nation’s current labor market as the “Great Resignation.” Baby Boomers are retiring to spend more time with loved ones. Workers are leaving current employers for more flexible work arrangements. And in both the public and
Continue Reading “Hello, Goodbye”: Appellate Courts Face Bittersweet Departures.
There was a time when I thought of a writ of prohibition as a mythical creature that only exists in fairy tales. As it turns out, the writ does exist. And in a decision on the writ that was entered
Continue Reading A Loch Ness Sighting: A Writ Decision with a Dissent
This week’s batch of opinions from the Court of Appeals had several appellate issues worth a mention.
First, the en banc saga comes to a close. As you’ll recall, the Court of Appeals had granted its first ever en banc
Continue Reading Appellate Grab bag: En banc, appellate sanctions, and certiorari
The world of Fourth Circuit en banc review has provided much fodder for my postings on this blog (See, e.g., here, here, here, here). On Monday, the Court released another blog-worthy en banc opinion when it
Continue Reading En Banc Review Results in Equally Divided Fourth Circuit (Again)
Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a potential exception to that rule based on the amount of
Continue Reading Interlocutory Review of Fee Awards: How Much Is Too Much?
Two significant announcements came out of the Fourth Circuit this week. The first was that the Court announced that in-person oral arguments will resume for the Court’s December argument calendar (December 7-10). This, of course, is always subject to change
Continue Reading Fourth Circuit Happenings – Back to Richmond and a New Member of the Court
Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can revise her own interlocutory order under Rule 54(b), but one
Continue Reading The Panel of Theseus
First, the North Carolina Supreme Court Historical Society’s anniversary event is being held tomorrow, October 21st, at the Blanchard Law Firm in Raleigh. Whether you are attending that event or not, you are invited to an informal social at Trophy
Continue Reading Two Upcoming Events
On Wednesday, October 13th, the Supreme Court of North Carolina issued new amendments to the North Carolina Rules of Appellate Procedure. The key changes, which apply to notices of appeal filed on or after 1 January 2022, are summarized below:
Continue Reading Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeal, and Motions . . . Oh My!
In case you missed it, the Supreme Court of North Carolina issued a surprising disqualification order last week, setting up what could be a contentious internal fight within the Supreme Court as to which justices will determine a high-profile appeal
Continue Reading North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of “Usurper” Lawsuit
