Almost two years ago, I blogged about a relatively rare phenomenon: a published denial of a petition for rehearing.  Back then, two recent Fourth Circuit cases had produced petitions for rehearing and then subsequent denials of those petitions. But while decisions denying rehearing are typically just one-sentence orders, with nothing more by way of explanation, those two cases had prompted judges to write separately to express their views on the issues at the core of the petitions.… Continue Reading

It continues to amaze me how difficult it is for the public to access basic information about the upcoming elections for open seats on the Supreme Court of North Carolina and the Court of Appeals.  While stories with political angles find their way into the press, the fundamentals—which seats are open, why those seats are open, who is running, why voters should care—get little coverage. … Continue Reading

In an earlier post, Beth detailed best practices for when a Rule 59 motion will successfully toll the 30-day appeal period under Appellate Rule 3.  See here.  To recap, tolling requires a “proper” Rule 59 motion—which means meeting a litany of requirements, including that the motion: (i) seeks relief from a final judgment; (ii) generally applies only to post-trial judgments; (iii) seeks relief pursuant to one or more grounds listed in Rule 59(a); (iv) seeks a valid form of relief from the contested final judgment; and (v) does not reargue matters already decided by the trial court. … Continue Reading

You may have noticed a lull in new posts here over the holidays.  There’s good reason: we’ve been renovating the site, like a hotel adding an omelet station to its continental breakfast. We had to break a few eggs in the process, but it was well worth it.

The key changes:

  • The blog should load faster—much faster.
  • We consolidated our many linked resources into fewer tabs on the top of the main page.
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Human skullWe’ve been following the saga of Hamlet H.M.A., LLC v. Hernandez throughout 2019. Last Friday, the Supreme Court finally issued its opinion in the case. Yesterday, Pat blogged on confusion caused by the tie vote in Hamlet. In this post, we read between the lines to consider what was going on behind the scenes in Hamlet.

Hamlet involves the “learned-profession exemption” in section 75-1.1.… Continue Reading

MazeA while back, Justice Edmunds wrote a post that did a deep dive into what it means for the state’s jurisprudence when a case is “affirmed without precedential value.”  Matt followed that up with discussion of a Business Court opinion in which Judge Gale concluded that a Court of Appeals opinion that is “affirmed without precedential value” is not binding authority in subsequent cases, but rather has only persuasive value.  … Continue Reading

breaking newsBack in June, the Supreme Court of North Carolina sought feedback on a potential change to the citation format for North Carolina appellate court opinions.  This week, the Court has officially made plans for the universal citation format to go into effect.  The purpose of the change is to present “an immediate, permanent, and medium-neutral” citation the moment an opinion is issued.… Continue Reading

Time ClockNo, this post is not a tribute to David Ives. In many appellate cases, it really is all in the timing.

Some appellate rules regarding timing are easy to state. The deadlines to file a notice of appeal, an opening brief, and a petition for discretionary review are relatively straightforward.

But other timing issues are less obvious. The most recent set of opinions from the Court of Appeals addresses several of these thornier problems.… Continue Reading

GavelThe petition tracker has been updated with the Supreme Court’s most recent rulings on petitions for discretionary review.  The Court accepted three new civil cases dealing with various topics such as charter schools, municipal development ordinances, and evictions.  The Court will also be reviewing a juvenile delinquency case and (via a petition for writ of certiorari) another TPR case.  As always, we will keep you updated as new developments occur.… Continue Reading

scary pictureSince 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ authority to grant relief by writ of certiorari.   See here, here, here, here, herehere, and here.   The Supreme Court has also written frequently about whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ discretionary authority to grant relief by writ of certiorari.… Continue Reading