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School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)When Losing Isn’t Really Losing: Court of Appeals Rejects 54(b) Certification
This week
, the Court of Appeals reiterated the bounds of Rule 54(b) certification, highlighting that the language of the rule—which allows a party to immediately appeal from “a final
Continue Reading When Losing Isn’t Really Losing: Court of Appeals Rejects 54(b) Certification
Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court
On Wednesday, the General Assembly overrode the Governor’s veto of House Bill 239. Against opposition from the bench and the bar, the legislature pushed the court-shrinking bill through on
Continue Reading Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court
Bill Would Allow Federal Courts to Certify Questions to the North Carolina Supreme Court
There are some things you can do only in North Carolina. Like cook on the world’s largest frying pan.
But there are some things you can do everywhere but
Continue Reading Bill Would Allow Federal Courts to Certify Questions to the North Carolina Supreme Court
A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
A Petition for Writ of Certiorari continues to be the most powerful tool in the Supreme Court’s arsenal. Last Friday, the North Carolina Supreme Court used its certiorari authority
Continue Reading A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
Westward Bound: Supreme Court to Hold Two Sessions of Court in Morganton (Psst! A Showdown on an Important Issue of Appellate Procedure Could Occur)
No tattling allowed if someone buys scalped tickets to attend this event. For the first time since the Civil War era, the Supreme Court of North Carolina is preparing a
Continue Reading Westward Bound: Supreme Court to Hold Two Sessions of Court in Morganton (Psst! A Showdown on an Important Issue of Appellate Procedure Could Occur)
Supreme Court Uses PDR Bypass Petition to Calm the Storm
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
Continue Reading Supreme Court Uses PDR Bypass Petition to Calm the Storm
Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism
We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state
Continue Reading Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism
Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing
Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same
Continue Reading Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing