After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as
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Motions to Dismiss
Merry Christmas To Appellate Practitioners from the Fourth Circuit Court of Appeals
By Beth Scherer on
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…
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Be Careful What You [Object] For
By Kip D. Nelson on
The concept of waiver is fairly straightforward and can generally be summed up by the adage “use it or lose it.” But when it comes to appellate practice, the concept…
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Mind Your (b)s and qs
By Matthew Nis Leerberg on
When the State argues that you can’t sue it because it enjoys sovereign immunity, is it saying that the court does not have subject matter jurisdiction over claims against a…
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When Does the Trial Court Have Authority to Dismiss An Appeal?
By Beth Scherer on
A few weeks ago, I blogged on the Business Court’s dismissal of an untimely notice of appeal. Today, the Court of Appeals, in a thoughtful 32-page opinion by Judge Marty…
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Business Court Dismisses Appeal As Untimely: Why Your Business Court Filing Deadline Is Really 4:00 p.m.
By Beth Scherer on
Editor’s Note: The Business Court adopted a new set of Rules, effective January 1, 2017 to all cases. The case below was decided under the old Business Court Rules. …
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Newly Published “Guide to Appealability of Interlocutory Orders” Creates Starting Point for Interlocutory Appeal Research
By Beth Scherer on
The Supreme Court of North Carolina long ago observed that “the ‘substantial right’ test for appealability of interlocutory orders is more easily stated than applied.” Waters v. Qualified Pers., Inc.…
Do Not Pass Go, Do Not Appeal $40 Million Judgment
By Fox Rothschild LLP on
Do you regularly check the docket activity in your cases? If this routine is not already a part of your practice, it probably should be, especially when your client’s appeal…
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Does A Rule 50/52/59 Motion Still Toll the Deadline for Filing a Notice of Appeal “As to All Parties”?
By Beth Scherer on
Eric will be blogging about today’s Court of Appeals’ opinions later tonight, but I wanted to make everyone aware of a prior Court of Appeals’ opinion that all litigators should…
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Exclusivity Provision in Workers’ Compensation Act Key to Interlocutory Appeal in Case of First Impression
By Fox Rothschild LLP on
While the Court of Appeals’ decision in Atl. Coast Conference v. Univ. of Maryland was the stuff of headlines locally and nationally, the Court issued eighteen other opinions yesterday. …
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