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?
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
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”
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!)
When a local board of adjustment makes an adverse land-use decision on a landowner’s application for a conditional use permit or a variance, a special statute kicks in to dictate
Continue Reading Is An Appeal “To Superior Court in the Nature of Certiorari” an Appeal, an Action, or Both?
In a decision that promises to have a substantial impact for counties and municipalities struggling to reconcile North Carolina’s Open Meetings Law and its Public Records Act, the Court of
Continue Reading Public Entities Potentially Receive Some Protection From Proactive Court of Appeals
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