Petition for Rehearing

Almost two years ago, I blogged about a relatively rare phenomenon: a published denial of a petition for rehearing.  Back then, two recent Fourth Circuit cases had produced petitions for
Continue Reading Another Published Denial of Rehearing, Another 4th Circuit Case to the Supreme Court?

NOTICE:  Take the following post with a grain of salt.  The Court of Appeals issued an updated opinion in the Ellis case on 20 August 2019. Although the opinion is
Continue Reading Right for the Wrong Reasons, Redux

Appellate practitioners are familiar with the concept of moving to have the court publish an opinion that was initially issued as “unpublished.”  Much rarer is the reverse situation, where a
Continue Reading Fourth Circuit Judge Advocates for “Unpublishing” Panel Opinion, Simultaneously Lauds and Criticizes the Court

Twice this week the Fourth Circuit took the relatively unusual step of issuing published opinions on orders denying rehearing of a case.  Ordinarily such orders are not published for the
Continue Reading The Curious Case(s) of the Published Denial of Rehearing

A Petition for Writ of Certiorari continues to be the most powerful tool in the Supreme Court’s arsenal.  Last Friday, the North Carolina Supreme Court used its certiorari authority
Continue Reading A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute