In response to recent cybersecurity concerns with government networks, the Fourth Circuit announced today that it would soon be making available procedures for the filing of highly sensitive documents. See
Continue Reading Fourth Circuit to Implement Filing Procedures for Highly Sensitive Documents
There is a school of thought in legal writing that you should never put anything too important in footnotes, as some readers might skip over them. See, e.g., https://www.legalwritingpro.com/articles/the-lowdown-on-footnotes/.
Continue Reading Always Read the Footnotes
If you follow the Fourth Circuit, you know that there has been a noticeable increase in the number of en banc cases that the Court has taken, and in those
Continue Reading Denial of Emergency Motion Spawns Four Opinions from the Fourth Circuit
The Fourth Circuit announced today that its suspension of in-person arguments will continue through the December 7-11 argument session. Read the full announcement here.
Continue Reading Fourth Circuit to Remain Remote Through End of Year
North Carolina General Statute § 7A-30(2) allows for an appeal as of right to the Supreme Court of North Carolina from “any decision of the Court of Appeals rendered in
Continue Reading When It Comes to Appeals as of Right to the Supreme Court of North Carolina, Not All Dissents Are The Same
Another week, another published ruling on an en banc rehearing petition from the Fourth Circuit. Last week we saw Judge Niemeyer arguing in a published concurring opinion that en banc
Continue Reading The Fourth Circuit’s New Normal?
A few years ago I wrote about The Curious Cases(s) of the Published Denial of Rehearing. In that post, which focused on two published denials of rehearing from the
Continue Reading The Not So Curious Case of the Published Denial of Rehearing
The Fourth Circuit announced today that in-person oral arguments would continue to be suspended for the October 27-30 argument session. As with the September session, cases assigned to pre-argument review
Continue Reading Fourth Circuit Remains Remote for Oral Arguments
The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument. Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally
Continue Reading Fourth Circuit Extends Standing Order 20-01
Can a party “manufacture” appellate jurisdiction for an otherwise interlocutory appeal through the voluntary dismissal of remaining claims? That question was generally answered in the negative by the Supreme Court
Continue Reading Fourth Circuit Allows Creation of Appellate Jurisdiction Through Voluntary Dismissal