The Complaint can be found here.
Continue Reading North Carolina Supreme Court Justice Files Lawsuit Against Judicial Standards CommissionFourth Circuit Holds Actual Notice Required For FRAP 4(a)(6)
Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen
Continue Reading Fourth Circuit Holds Actual Notice Required For FRAP 4(a)(6)New Fourth Circuit Chief Judge Hails from North Carolina
Judge Roger Gregory has completed his seven-year term as Chief Judge for the Fourth Circuit. Taking over as Chief is Judge Albert Diaz, who was on the North Carolina Business
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Biden Nominates South Carolina Judge to Fourth Circuit
President Biden yesterday announced the nomination of current South Carolina state court Judge DeAndrea Benjamin to fill the Fourth Circuit vacancy created when Judge Floyd took senior status in recent
Continue Reading Biden Nominates South Carolina Judge to Fourth Circuit
Another Published Rehearing Denial
If you’ve regularly read my blog posts here over the past few years (in other words, if you are my mom), you will know that I find Fourth Circuit published
Continue Reading Another Published Rehearing Denial
En Banc Review Results in Equally Divided Fourth Circuit (Again)
The world of Fourth Circuit en banc review has provided much fodder for my postings on this blog (See, e.g., here, here, here, here). On
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Fourth Circuit Happenings – Back to Richmond and a New Member of the Court
Two significant announcements came out of the Fourth Circuit this week. The first was that the Court announced that in-person oral arguments will resume for the Court’s December argument calendar
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An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable
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
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Might the Rule of Necessity be Necessary After All?
“Rule of Necessity” Not Necessary for Federal Circuit Courts
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
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