For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the Supreme Court if the party managed to snag a dissenting
The North Carolina Supreme Court is not stingy with extensions. If a lawyer needs more time to file a brief, the Court will generally allow it.
But with the Court largely caught up on its docket, you might not want
A decade ago, talk of fonts was all the rage in North Carolina appellate circles. Jurists were increasingly reading briefs on screens, not on paper. And what works on paper might not work so well on an iPad. (Here’s looking
Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion
You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third Wednesday of the month, Since the Court will be issuing
In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general rule exists: When the trial court’s interlocutory ruling “affects a
It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. Why?
A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed an automatic right of appeal to the Supreme Court of
When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front door wide open all night and even the sweetest southern
There is no shortage of CLE offerings, but we wanted to bring one to your attention: a virtual presentation on September 24, 2024. The program offers 8 credit hours, including 3 ethics hours. Berkeley Law School Dean Erwin Chemerinsky will
