In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an
Continue Reading An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable
An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North
Continue Reading “Rule of Necessity” Not Necessary for Federal Circuit Courts
I have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further
Continue Reading Published En Banc Denials and Dissents
The Fourth Circuit had intended to resume in person oral arguments at the Lewis F. Powell Jr. Courthouse in Richmond, VA for its September argument calendar. That return was short-lived,
Continue Reading Return to Richmond? Not so Fast.
See more details on the Maryland Appellate Blog here:
Biden to Nominate Virginia SG Heytens to Fourth Circuit | Maryland Appellate Blog (mdappblog.com)
–Patrick Kane
Continue Reading Judge Keenan Moving to Senior Status, Biden to Nominate Virginia SG to Fourth Circuit
In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage
Continue Reading Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
Back in January I blogged about how frequently, and in what types of cases, the Fourth Circuit was issuing published opinions after submission on briefs–a new phenomenon in the Circuit
Continue Reading Update on Fourth Circuit Published Opinions Without Argument
Last month I blogged about a Fourth Circuit case that saw an eleventh-hour judge recusal. The Supreme Court of North Carolina is now facing a similar issue, times five.
Continue Reading Fascinating Recusal Issue Facing Supreme Court of North Carolina
A Fourth Circuit published opinion from earlier this week revealed an interesting panel composition issue, as the panel that heard the oral argument in the appeal was slightly different from
Continue Reading Fourth Circuit Case Has Post-Argument Judge Substitution