Beth Scherer

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?

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 Odyssey

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 It

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 Appeal

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)

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