In Chief Judge Gregory’s first published opinion since assuming his new role, the Fourth Circuit indicated yesterday that functional compliance with jurisdictional rules trumps formal compliance. In Clark v.
Continue Reading Fourth Circuit Favors Functionality Over Formality
This morning, my colleague Whit Pierce forwarded me a legal writing tip from Bryan A. Garner, a well known American lawyer and lexicographer who has authored a number of
Continue Reading What’s in a Name? Compliance with a Rule Perhaps.
In federal court, an order granting a preliminary injunction is immediately appealable under 28 U.S.C. § 1292. In North Carolina courts, however, an order granting a preliminary injunction is
Continue Reading Can You Restart the 30-Day Appeals Clock After Remand from Federal Court?
The Fourth Circuit Court of Appeals issued two opinions last week clarifying issues relating to notices of appeal.
In Jackson v. Lightsey, the Fourth Circuit addressed 1) whether a notice
Continue Reading Merry Christmas To Appellate Practitioners from the Fourth Circuit Court of Appeals
Have you ever written an appellate brief and found yourself struggling to avoid repetition in the separate “statement of the case” and “statement of the facts”? That is no longer
Continue Reading Federal Rules of Appellate Procedure Combine “Statement Of Facts” and “Statement of Case” Into Single Section of the Appellate Brief