I am often asked, “how will this appeal be decided?” A recent employment vacancy posting for the Fourth Circuit’s Executive Director & Chief of the Office of Staff Counsel contains
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Judges
Jurisdiction, Jurisdiction, Jurisdiction (a.k.a., Lights, Camera, No Action)
By Beth Scherer on
Jurisdiction, Jurisdiction, Jurisdiction. These three words will be on mental repeat after reading the North Carolina Court of Appeals’ decision this week in MDT Personnel, LLC v. APH Contractors, Inc…
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Heard But Not Decided: Summary Disposition of Appeals
By Kip D. Nelson on
You lost in the North Carolina Court of Appeals, but you have convinced yourself that your legal argument was correct. You file a Petition for Discretionary Review (“PDR”) with the…
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Issues of Jurisdiction
By Kip D. Nelson on
While the substantive issues in a case are often the most interesting and the most contested, the issue of jurisdiction underlies every facet of litigation. The North Carolina Court of…
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A Few “Brief” Points
By Kip D. Nelson on
Judges repeatedly tell us that the brief is our best vehicle to explain our view of the case and why the law is in our client’s favor. Unfortunately, it is…
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Former Chief Judge of the Court of Appeals Sidney Eagles Honored at Portrait Unveiling
By Matthew Nis Leerberg on
Judge Sidney Eagles, former Chief Judge of the North Carolina Court of Appeals, was honored recently at a ceremonial session of the Court convened for the unveiling of his portrait. …
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How to Improve Your Chances of Winning an Appeal
By Kip D. Nelson on
1) Appeal from an order that can be appealed. The Court of Appeals reminded us today that interlocutory attorney fee awards are not immediately appealable. Cebula v. Givens Estates, Inc. …
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New Court of Appeals Judge: Mark Davis
By Kip D. Nelson on
Earlier this week, Governor Beverly Perdue announced her appointments for four open judicial positions. Of note for appellate practitioners, Governor Perdue has appointed her general counsel, Mark Davis, as a…
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North Carolina Supreme Court updated: Judge Beasley is now Justice Beasley
By Beth Scherer on
On Wednesday afternoon, Governor Perdue appointed Cheri Beasley, a North Carolina Court of Appeals judge, to the Associate Justice seat at the North Carolina Supreme Court being vacated by…
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Time and Season–Justice Timmons-Goodson to Retire From The Supreme Court of North Carolina On December 17, 2012
By Beth Scherer on
Justice Timmons-Goodson publicly announced her resignation from the North Carolina Supreme Court today. Explaining her decision to retire, Justice Timmons-Goodson noted, “Understanding there is a time and season for all…
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