Federal Rules of Appellate Procedure

The COVID-19 pandemic has forced many changes in the legal profession over the last 10 months.  Those receiving the most focus have been, for obvious reasons, things like remote proceedings
Continue Reading How Important Is Oral Argument In The Fourth Circuit?

I.  You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order

Approximately three years ago, I blogged on Majerske v. Majerske,
Continue Reading Notices of Appeal: Wouldn’t It Be Nice?

Is there institutional disharmony in the Fourth Circuit? That’s the question that one judge suggested, in a concurring opinion, that lawyers and judges might be asking after an en banc
Continue Reading Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?

The federal corollary to the oft-blogged about “substantial right doctrine” in the North Carolina appellate courts is the “collateral order doctrine.”  As is the case under North Carolina law, the
Continue Reading Fourth Circuit Explains the Scope of “Collateral Order Doctrine”

Since December 2016, we have been monitoring the status of the North Carolina Court of Appeals’ new en banc authority.  Several motions for en banc review have been filed,
Continue Reading Fourth Circuit May Conduct Initial En Banc Review of Revised Federal Travel Ban

Yesterday, the Court of Appeals published an opinion serving as a reminder that attorneys must always be mindful of preserving their trial court arguments for appeal. In State v. Walker
Continue Reading Court of Appeals Reiterates Importance of Preserving Arguments on Appeal

There are myriad reasons why, when given the choice, North Carolina litigators might want a case venued in federal court as opposed to state court (and depending on the circumstance,
Continue Reading Why You Might Want to Make a Federal Case Out of Something

Most attorneys have had a least one unfavorable final judgment entered before trial.  The attorney may feel that the trial court completely misunderstood her argument. Perhaps the trial court entered
Continue Reading Resisting the Urge To Give The Trial Court One Last Chance: Dangers of Using N.C. R. Civ. P. 59 To Revisit Final Judgments Entered Without A Trial