Unicorn Disguise
Continue Reading En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
The Supreme Court has sent the creatures discussed in Beth’s December 7, 2021 blog back into obscurity. In an Order dated December 8, 2021, that Court granted a temporary injunction…
Continue Reading Unicorn? Loch Ness Monster? Where’d they go?
Stories of mythical creatures have taken over this blog. First it was the summer 2021 unicorn where the Court of Appeals granted (and then withdrew) its first en banc review.
Continue Reading Unicorns and Loch Ness Monsters—Spotted Yesterday
This week’s batch of opinions from the Court of Appeals had several appellate issues worth a mention.
First, the en banc saga comes to a close. As you’ll recall, the…
Continue Reading Appellate Grab bag: En banc, appellate sanctions, and certiorari
The world of Fourth Circuit en banc review has provided much fodder for my postings on this blog (See, e.g., here, here, here, here). On…
Continue Reading En Banc Review Results in Equally Divided Fourth Circuit (Again)
An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North…
Continue Reading “Rule of Necessity” Not Necessary for Federal Circuit Courts
I have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further…
Continue Reading Published En Banc Denials and Dissents
A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc. Turns out that the en banc party…
Continue Reading And Then There Were None–Court of Appeals’ First En Banc Case Vanishes
Friday afternoon, my email and text message notification systems were singing. Why? For the first time since December 2016 when the Court of Appeals received en banc review authority,…
Continue Reading And Then There Was One: North Carolina Court of Appeals Grants En Banc Review for the First Time Ever.