For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the
Continue Reading NC Supreme Court Cleans Up Rules on Dissent-Based Appeals
“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general
Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
Christmas in September: New Features Added to North Carolina’s Appellate Filing Website
The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org.
The filing site has long allowed attorneys
Continue Reading Christmas in September: New Features Added to North Carolina’s Appellate Filing Website
Does a Dissenting Opinion Control the Supreme Court?
A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed
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Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era Healthcare
The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute.
In May 2020, the pandemic
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Helpful Changes to NC Appellate E-filing Site: “Upcoming Oral Arguments” Banner
I wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue
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Users’ Spam Filters Are Blocking Some Calendar Notices from North Carolina’s Appellate Courts
Trigger warning: this post may cause appellate lawyers to have nightmares.
There has been a spate of technical glitches on the user side lately that caused critical notices from the
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NC Supreme Court Fills Its 2023-24 Calendar
If you have a case pending before the North Carolina Supreme Court and haven’t yet received an oral argument notice, your case likely won’t be argued until the fall.
The
Continue Reading NC Supreme Court Fills Its 2023-24 Calendar
A Majority Court and a Dissenting Justice: A Glimpse into the Future?
The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court, this minimalist approach, with a dissent, may be a harbinger of what to expect from the Supreme Court in the future.
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To Recuse? Or Not To Recuse?
In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the
Continue Reading To Recuse? Or Not To Recuse?