Can a party “manufacture” appellate jurisdiction for an otherwise interlocutory appeal through the voluntary dismissal of remaining claims? That question was generally answered in the negative by the Supreme Court in 2017 in Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017). There, the Court held that plaintiffs could not subvert the final-judgment requirement for appellate jurisdiction from 28 U.S.C.… Continue Reading
It doesn’t take long for those who read judicial opinions to come across an unsigned, “per curiam” decision. Many decisions from the U.S. Supreme Court, federal circuit courts, and our state Supreme Court are short-ish opinions that are not ascribed to a single judge or justice. There is a long history of using such opinions “by the court.”
The Petition Tracker has been updated with the Supreme Court’s most recent allowed petitions for discretionary review. Although there were some special orders, the Court only allowed two petitions outright. One arose from the Industrial Commission, and the other involves the Raleigh Housing Authority.
The Petition Tracker has also been updated to include the Court’s merits decisions on petitions that were granted.… Continue Reading
Arbitration can be less costly and more efficient than litigation. For this reason, businesses often prefer to arbitrate their disputes, and include arbitration provisions in their contracts. North Carolina courts generally enforce these provisions, citing the state’s “strong public policy favoring the settlement of disputes by arbitration.” Johnston Cnty. v. R.N. Rouse & Co., 331 N.C. 88, 91 (1992).… Continue Reading
The future is now, and the NCBA Appellate Practice Section wants to help you be ready. With the state’s appellate courts, and other courts around the country, going to remote videoconference hearings because of the Coronavirus pandemic, a special program has been put together for May 27. It is described as follows:
… Continue Reading
Appellate Practice Section Panel
Preparing for WebEx Oral Arguments in NC Appellate Courts
You are invited to join the Appellate Practice Section for a Zoom panel to learn about preparing for and presenting remote video oral argument in our NC Appellate Courts via WebEx.
Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble. A divided Court of Appeals allowed the defendant’s conviction to stand. The case made it to the Supreme Court, which recently issued an opinion reversing the conviction.
A quick recap of our story. A trooper was assisting motorists when he noticed that the passenger in a car driving by had extended his hand out the window and was waving. … Continue Reading
On Tuesday, the Court of Appeals reversed a trial court’s dismissal of a plaintiff’s complaint seeking entry of a domestic violence protective order against her husband. In Quackenbush v. Groat, the trial court dismissed the complaint despite twelve pages of attachments detailing alleged verbal abuse and sexual abuse of their minor child. The reason appears to have been that the attachments submitted with the form were not specifically mentioned in the form. … Continue Reading
A recording of North Carolina’s first virtual oral argument is now available for viewing. Because the video stream began before the actual arguments commenced, insight is available into how the Court of Appeals and the advocates worked through some technical kinks in the process. (A round of applause to IT Superhero Fred Wood, who appeared to be getting quite a workout running between offices). … Continue Reading
The Court of Appeals has new COVID-19 procedures for its voluntary appellate mediation program. The full document is here, but highlights include:
- For mediation deadlines that fall between March 27 and April 30, parties have an additional 60 days to request appellate mediation.
- Consent to appellate mediation forms may now be submitted electronically or emailed.
- Appellate mediations by Court of Appeals judges are on hold until at least May 1—or longer if Governor Cooper extends his stay-at-home order.
The petition tracker has been updated based on the two sets of petition releases that we’ve had so far in 2020. When and how these cases will be decided, in light of the pandemic, is an open question.