Unicorn Disguise
Continue Reading En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?
Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine.
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Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
Court of Appeals Petition Rulings Unmasked
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Another Published Rehearing Denial
If you’ve regularly read my blog posts here over the past few years (in other words, if you are my mom), you will know that I find Fourth Circuit published
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En Banc Review Results in Equally Divided Fourth Circuit (Again)
The world of Fourth Circuit en banc review has provided much fodder for my postings on this blog (See, e.g., here, here, here, here). On
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The Panel of Theseus
Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can
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Might the Rule of Necessity be Necessary After All?
“Rule of Necessity” Not Necessary for Federal Circuit Courts
An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North
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The Fourth Circuit’s New Normal?
Another week, another published ruling on an en banc rehearing petition from the Fourth Circuit. Last week we saw Judge Niemeyer arguing in a published concurring opinion that en banc
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The Not So Curious Case of the Published Denial of Rehearing
A few years ago I wrote about The Curious Cases(s) of the Published Denial of Rehearing. In that post, which focused on two published denials of rehearing from the
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