Fox Rothschild LLP

Generally speaking, an appeal stops all proceedings at the trial court level until the appeal concludes. However, as we have previously blogged (here, here, here, and
Continue Reading The Court of Appeals Again Recognizes the Trial Court’s Jurisdiction to Decide the Appealability of Interlocutory Orders When Deciding Whether the § 1-294 Stay Applies

On March 16, 2017, the Supreme Court of North Carolina issued an order amending Rule 7 of the North Carolina Rules of Appellate Procedure. The order makes slight changes to
Continue Reading Amendments to Rule 7 Make Small Changes to the Requirements for Transcript Formatting and Certification of Delivery

Protecting the attorney-client and work-product privileges can be painstaking at the trial court level. To preserve the right to seek appellate review of any adverse privilege determinations, however, the lawyer’s
Continue Reading Practice Tips for Preserving Privilege Issues for Appeal

Last week, the North Carolina Court of Appeals dismissed, apparently sua sponte, an appeal from a Business Court decision because the appeal should have been filed in the Supreme
Continue Reading Court of Appeals Holds (Twice) That Appealing to the Wrong Appellate Court is a Fatal Jurisdictional Flaw

Earlier this month, the Supreme Court of North Carolina held again that the judicial branch should not issue advisory opinions regarding disputes that have already been addressed through the political
Continue Reading Supreme Court of North Carolina Vacates Order Accelerating Duke Energy’s Coal Ash Clean Up After the General Assembly Weighs In