The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory fashion. Not in the appellant’s reply brief. And perhaps not via an appellant’s opposition to a motion to dismiss an…Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
If there’s one thing readers of this blog can count on, it is that every…Continue Reading Clearing the Decks While Decking the Halls
Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal
Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s…Continue Reading Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal
For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or…Continue Reading What Rulings Should You Include in a Notice of Appeal?
Retired N.C. Court of Appeals Judge Doug McCullough unexpectedly died this week in Las Vegas, where he had retired with his wife, Lucci.
Judge McCullough had a storied career, reaching…Continue Reading Judge Doug McCullough (1945-2022)
The Supreme Court of North Carolina is seeking a qualified attorney to review its opinions before publication and to assist the Supreme Court’s Administrative Counsel with other projects—including drafting amendments…Continue Reading Now Hiring: North Carolina Supreme Court
School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals…Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
When I was a law clerk, I told my judge that I wanted to be an appellate lawyer. Her Honor informed me that there is no better way to get…Continue Reading Appellate Job Opening at the U.S. Attorney’s Office in Raleigh
When you hear about an appellate decision, what comes to mind? Typically, I think of a formal “opinion”—at least when the appeal has been briefed on the merits. And historically…Continue Reading Opinions and Orders and Options: A New Normal?
Matt and I have updated our North Carolina Appellate Practice and Procedure treatise! For those who auto-subscribe to updates or use Lexis Advance, this may be old news as…Continue Reading North Carolina Appellate Practice and Procedure Treatise: Updated and Improved Release 2
President Biden yesterday announced the nomination of current South Carolina state court Judge DeAndrea Benjamin to fill the Fourth Circuit vacancy created when Judge Floyd took senior status in recent…Continue Reading Biden Nominates South Carolina Judge to Fourth Circuit