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
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Unicorns and Loch Ness Monsters—Spotted Yesterday
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.
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Appellate Grab bag: En banc, appellate sanctions, and certiorari
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
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En Banc Review Results in Equally Divided Fourth Circuit (Again)
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
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Might the Rule of Necessity be Necessary After All?
“Rule of Necessity” Not Necessary for Federal Circuit Courts
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
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Published En Banc Denials and Dissents
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
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And Then There Were None–Court of Appeals’ First En Banc Case Vanishes
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
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And Then There Was One: North Carolina Court of Appeals Grants En Banc Review for the First Time Ever.
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,
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The Not So Curious Case of the Published Denial of Rehearing
A few years ago I wrote about The Curious Cases(s) of the Published Denial of Rehearing. In that post, which focused on two published denials of rehearing from the
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