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?
In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a
Continue Reading Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business
Continue Reading What Does It Mean When an Appellate Court Attaches Another Court’s Opinion?
Except for appeals in really old cases, appeals from a final judgment entered by a Business Court judge are properly taken to the Supreme Court of North Carolina,
Continue Reading Business Court Dismisses Appeal for Naming the Wrong Appellate Court
Those familiar with North Carolina appellate jurisprudence are well aware that what constitutes “a substantial right” for the purposes of conferring jurisdiction over an interlocutory order is an issue that
Continue Reading What Does the Supreme Court of North Carolina Consider To Be a “Substantial Right”?
Last fall, Justice Edmunds analyzed the subtle policy questions presented when a Court of Appeals decision is affirmed “without precedential value” by a divided Supreme Court. A robust discussion followed
Continue Reading Update: Business Court Sidesteps Published Court of Appeals Opinion Affirmed “Without Precedential Value”
**Update: Defendant CHS has filed a petition for writ of certiorari, here.**
Last year, something unusual happened in a business court case. In the course of denying summary judgment
Continue Reading Business Court Again Urges Immediate Review by Supreme Court
Last week I wrote about the Court of Appeals’ holding in SED Holdings, LLC v. 3 Star Properties, LLC regarding the jurisdiction of the trial court while an interlocutory appeal
Continue Reading More On Jurisdiction and SED
A while back, Justice Edmunds