Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad
Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?Beth Scherer
Judge Riggs Appointed on Monday; Issues COA Opinions on Tuesday; On Supreme Court Bench Wednesday
Your future hasn’t been written yet. No one’s has. Your future is whatever you make it. So make it a good one.
– Doc Brown, “Back To The Future”
On…
Continue Reading Judge Riggs Appointed on Monday; Issues COA Opinions on Tuesday; On Supreme Court Bench WednesdayAppellate Rule Amendment: Service of Appellate Documents in the Trial Court Using Odyssey
On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing…
Continue Reading Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using OdysseyRelying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory…
Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on ItAvoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal
Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s…
Continue Reading Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of AppealNow Hiring: North Carolina Supreme Court
The Supreme Court of North Carolina is seeking a qualified attorney to review its opinions before publication and to assist the Supreme Court’s Administrative Counsel with other projects—including drafting amendments…
Continue Reading Now Hiring: North Carolina Supreme CourtSchool Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals…
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)North Carolina Appellate Practice and Procedure Treatise: Updated and Improved Release 2
Matt and I have updated our North Carolina Appellate Practice and Procedure treatise! For those who auto-subscribe to updates or use Lexis Advance, this may be old news as…
Continue Reading North Carolina Appellate Practice and Procedure Treatise: Updated and Improved Release 2Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
Court of Appeals Petition Rulings Unmasked…
Continue Reading Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
Breakfast with Buckner: Meeting the North Carolina Supreme Court’s New Clerk
Five months ago, the Supreme Court of North Carolina installed a new Clerk of Court. Want to get to know Grant Buckner better? The NCBA has uploaded a recent…
Continue Reading Breakfast with Buckner: Meeting the North Carolina Supreme Court’s New Clerk