Many thanks to Judges Diaz, Gale, and Ridgeway and to all who attended for making last week’s Federal Bar Association CLE a great success.  I’m posting the written materials here for future reference.  More details on the CLE from my original post can be found below.

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In North Carolina, parties with business disputes may have the choice among as many as four “forums” in which to bring their case:  state superior court; superior court with a Rule 2.1 designated judge; business court; and federal court.… Continue Reading

In yet another case highlighting potential pitfalls when appealing a decision of the Business Court, the North Carolina Court of Appeals dismissed a plaintiff’s appeal Tuesday for failing to provide specific information relating to the Court’s jurisdiction over the appeal.  In Grasinger v. Williams, the Court of Appeals held that the plaintiff-appellant “failed to confer jurisdiction” on the Court because the Record on Appeal did not contain anything that established “the precise date upon which [the] action was designated as a mandatory complex business case.” … Continue Reading

The Governor and the General Assembly have been busy.

After being nominated for a business court slot over a year ago, Mike Robinson was finally confirmed by the General Assembly earlier this month.  Judge Robinson will be sworn in on July 1, 2016, and will serve a five-year term.  Judge Robinson will eventually sit in the new business court at Wake Forest University School of Law when it is ready around January 2017.… Continue Reading

In North Carolina, parties with business disputes may have the choice among as many as four “forums” in which to bring their case:  state superior court; superior court with a Rule 2.1 designated judge; business court; and federal court.

This initial decision can have important consequences for the life cycle and strategy of the case.  The differences in the ways those cases are appealed are particularly fascinating. … Continue Reading

Our state appellate system allows for appeals from final judgments, appeals from interlocutory orders that affect a substantial right, and appeals from orders that are final as to one claim or party if the trial court certifies there is no just reason for delay. But there is a key category of order that is missing from this list:  orders turning on a controlling issue of law.… Continue Reading

Last week, the North Carolina Court of Appeals dismissed, apparently sua sponte, an appeal from a Business Court decision because the appeal should have been filed in the Supreme Court of North Carolina under N.C. Gen. Stat. § 7A-27(a)(2).  As frequent readers of this blog know (see here, here, and here), the General Assembly’s 2015 amendments to N.C.Continue Reading

In October 2015, I blogged about In re Pike, a single Business Court order that resolved four consolidated actions.  Because the actions were designated on different dates, the right to appellate review of this single order was split between the North Carolina Supreme Court and the North Carolina Court of Appeals.  At the time, I suggested that a bypass petition was likely the best way to resolve this “perfect storm.”… Continue Reading

Eleven days before it is due, you FedEx your Notice of Appeal to the county courthouse, return-receipt requested. Seven days before it is due, you receive an e-mail confirmation that the document was, in fact, delivered.  You have timely appealed, right?

Maybe not. In Hefner v. Mission Hospital, a Business Court case, a final order was filed-stamped in the county courthouse on December 17, 2015, starting the thirty-day clock during which the plaintiff could file a notice of appeal. … Continue Reading

The Court of Appeals issued an opinion today in three consolidated cases that affirms certain jurisdictional rules with respect to the timely noticing of an appeal.  The guidance provided by this case is of particular importance to those practicing in the North Carolina Business Court.  The rules affirmed in the consolidated cases can be summarized as follows:

  1. In a Business Court case, the notice of appeal must be timely filed (within 30 days) in the home county, not just timely filed through the Business Court website. 
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On September 15 of this year, we blogged about how the Business Court Modernization Act’s amendment to N.C. Gen. Stat. § 7A-27 appeared to create concurrent jurisdiction in the Supreme Court of North Carolina and the Court of Appeals for certain Business Court appeals.  Two weeks later, the General Assembly quietly passed a 41-page, technical corrections bill  that included several changes to section 7A-27.  … Continue Reading