A while back I wrote about the collateral order doctrine as discussed by the Fourth Circuit in Williams v. Strickland. (See prior blog post here). Williams involved an
Continue Reading The Mandate Rule and another Thinly-Sliced Qualified Immunity Opinion from the Fourth Circuit
Governmental Immunity
Fourth Circuit Explains the Scope of “Collateral Order Doctrine”
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 …
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A Jurisdictional Jamboree (including an RPR sighting!)
Tuesday’s batch of opinions from the Court of Appeals contained a smorgasbord of jurisdictional issues pertaining to interlocutory appeals. In no particular order:
Department of Transportation v. Riddle
This condemnation…
Continue Reading A Jurisdictional Jamboree (including an RPR sighting!)
What’s in a Name? Perhaps the Right to an Immediate Appeal
Almost two years ago, my colleague Matt Leerberg wrote about the Court of Appeals’ decision in Can Am South, LLC v. North Carolina and the potential implications of that decision:…
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Appealability, Again
One of the oft-recurring issues in appellate decisions is that of whether the ruling sought to be appealed is actually, at least at that time, appealable. This week, both the…
The Powers and Privileges of Local Governments: N.C. Supreme Court Limits Local Powers But Expands Governmental Immunity
In a pair of unrelated cases, the Supreme Court of North Carolina has curtailed the ability of local governments to regulate towing prices and the use of cell phones while…
Continue Reading The Powers and Privileges of Local Governments: N.C. Supreme Court Limits Local Powers But Expands Governmental Immunity