In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and
Continue Reading Assign Of Things To Come?
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Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and…
Continue Reading Assign Of Things To Come?
Our goal in creating this blog was to be a “one-stop shop” for news, information, tips, and resources involving North Carolina appellate practice and procedure. Over a five-year period, NCAPB.com’s…
Continue Reading Traps in North Carolina Business Court Appeals: Collected for You in One Place
Over the past few months, we have shared several potential problems created by the Business Court Modernization Act. Nonetheless, we held a few potential traps close to our vest because,…
Continue Reading A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
The North Carolina Supreme Court agreed Friday to review a Court of Appeals decision that raised concerns among North Carolina accountants over their ability to perform independent audits in conformity…
Continue Reading NC Supreme Court to Address whether Auditors Owe Fiduciary Duties to Clients
The workload of the Supreme Court of North Carolina just increased substantially. The governor’s office announced yesterday that he had signed Senate Bill 853, which strengthens our State’s flagship business…
Continue Reading Law Expands Supreme Court Jurisdiction to Include Direct Appeals in Business Court Cases and from Orders Invalidating Acts of the General Assembly
Approximately two months ago, I blogged on the Business Court’s dismissal of an appeal not filed with the Business Court by the 5:00 p.m. notice of appeal deadline. On Tuesday,…
Continue Reading A Tale of Two Filing Requirements: Business Court Issues Second Opinion Dismissing Appeal For Failure To Comply With Appellate Rule 3’s Filing Requirements
Editor’s Note: The Business Court adopted a new set of Rules, effective January 1, 2017 to all cases. The case below was decided under the old Business Court Rules. …
Continue Reading Business Court Dismisses Appeal As Untimely: Why Your Business Court Filing Deadline Is Really 4:00 p.m.
An interlocutory appeal can really throw a wrench in the orderly progress of a case. A party may have a colorable argument that the trial court wrongly decided an issue…
Continue Reading You Can Appeal If You Want To, But The Trial Court May Not Step Aside
In a big day for civil litigation, the Supreme Court of North Carolina on Wednesday issued a watershed opinion limiting the scope of actions under Chapter 75 (the Unfair and…
Continue Reading Let’s Be Civil: The Supreme Court of North Carolina Issues Two Important Civil Opinions and Grants Discretionary Review in Four More