The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court, this minimalist approach, with a dissent, may be a harbinger of what to expect from the Supreme Court in the future.
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Brian Bernhardt
Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
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. …
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Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
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.
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There’s No Appeal Without the Right to 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. …
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Home Cooking? It Depends on Where “Home” Is
In a series of four opinions issued on July 19, 2022[1], the North Carolina Court of Appeals addressed personal jurisdiction and what constitutes a fundamental public policy of…
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