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Today, the Supreme Court of North Carolina gave some grace on appellate filings impacted by the coronavirus pandemic. The order issued by the Court does three things:

  1. Extends for 60 days all deadlines imposed by the Rules of Appellate Procedure that fall between March 27, 2020 and April 30, 2020 (inclusive of those dates).
  2. Encourages the electronic filing of all documents with the appellate courts.
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Last Friday, Chief Justice Beasley of the Supreme Court of North Carolina, held a press conference on the State judiciary’s response to the coronavirus pandemic.  Most of the announcements during the conference focused on the trial courts.  But there was also some information given during the press conference, and since then, about how the appellate courts are dealing with the pandemic.… Continue Reading

Human skullWe’ve been following the saga of Hamlet H.M.A., LLC v. Hernandez throughout 2019. Last Friday, the Supreme Court finally issued its opinion in the case. Yesterday, Pat blogged on confusion caused by the tie vote in Hamlet. In this post, we read between the lines to consider what was going on behind the scenes in Hamlet.

Hamlet involves the “learned-profession exemption” in section 75-1.1.… Continue Reading

Chief Justice Cheri Beasley recently sat down with Tim Boyum of Spectrum News for his podcast Tying It Together. It was a great interview, and we recommend that you check it out. In the process, you’ll hear about the Chief Justice’s childhood and early jobs, as well as her formative years as a public defender. It’s good stuff, and it’s always helpful for practitioners to get a better perspective on our appellate judges.… Continue Reading

On Friday, while you were you tapping your toes to bluegrass on Fayetteville Street, the Supreme Court was filing its latest opinions, with a focus on disputes over child custody and child abuse and neglect proceedings. Those are fine and well, but we like to make sure the Court’s other orders, especially on pending petitions, also get some attention.

The Court allowed just two petitions for discretionary review on Friday, but they’re of significant interest to healthcare providers and medical malpractice practitioners.… Continue Reading

In addition to our petition tracker for PDRs already granted by the Supreme Court, we also keep an eye on interesting petitions pending before the Court. Below are recently filed petitions that, among other things, ask the Supreme Court to consider dumping the State’s contributory negligence doctrine and to stop the State from informing the public about an upcoming voter identification requirement.… Continue Reading

We hope you’ve been enjoying the Petition Tracker we launched last month. We’re letting you know that we’ve revamped the format to make it both easier to read and sortable. One of the new columns we added shows the types of issues involved, in case you’re interested in a particular topic. For frequent visitors, you’ll notice that the tracker is now in reverse chronological order, so the freshest petitions are always on top.… Continue Reading

Last Friday, the North Carolina Supreme Court issued its first-ever opinion discussing the learned-profession exemption under section 75-1.1.  This is big news, especially for healthcare lawyers and providers.

Most lawyers in North Carolina are familiar with section 75-1.1 of the General Statutes, which offers a broad prohibition on unfair and deceptive practices in or affecting commerce. Most lawyers also know that the law has an exemption for members of a learned profession.… Continue Reading

Today we’re introducing a new feature for the blog: the petition tracker. You can check out the petition tracker page here, or by clicking on “Petitions Allowed” in the banner at the top of any page on the blog.

Although our state constitution says that the “courts shall be open,” open hasn’t always meant “clear.” Before we created this feature, we realized that it wasn’t easy to track the cases pending at the Supreme Court.… Continue Reading