Brian Bernhardt

Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine.
Continue Reading Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff

When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count.
Continue Reading Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal

In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts. 
Continue Reading There’s No Appeal Without the Right to Appeal