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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 petition to resolve contradictory case law from that Court. The…
Continue Reading Appellate Grab bag: En banc, appellate sanctions, and certiorariThe world of Fourth Circuit en banc review has provided much fodder for my postings…
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…
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…
Continue Reading Fourth Circuit Happenings – Back to Richmond and a New Member of the CourtThe Latest
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…
Continue Reading The Panel of TheseusFirst, 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…
Continue Reading Two Upcoming EventsSupreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeal, and Motions . . . Oh My!
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…
Continue Reading Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeal, and Motions . . . Oh My!North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of “Usurper” Lawsuit
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…
Continue Reading North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of “Usurper” LawsuitAn Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable
In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an…
Continue Reading An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately AppealableThe Appellate Judges Education Institute Summit is scheduled for November 11-14, 2021 in Austin. In light of the ongoing worries about COVID, questions arise as to whether an in-person conference…
Continue Reading AJEI Update, Plus a Helpful Tip For EveryoneAn interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North…
Continue Reading “Rule of Necessity” Not Necessary for Federal Circuit CourtsI have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further…
Continue Reading Published En Banc Denials and DissentsAppellate Practice Team
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