Sometimes the juiciest info is found in the comments. In October, I blogged about State v. Biddix—a Court of Appeals’ opinion that appeared to significantly limit the Court of
Continue Reading The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
Petitions for Discretionary Review
A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
By Beth Scherer on
Over the past few months, we have shared several potential problems created by the Business Court Modernization Act. Nonetheless, we held a few potential traps close to our vest because,…
Continue Reading A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Amicus Input at the Petition Stage: Does the Supreme Court Want It?
By Matthew Nis Leerberg on
There is an unwritten rule regarding the Supreme Court of North Carolina’s willingness to consider amicus input: Amicus briefs are welcomed during briefing on the merits, but the Court does…
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NC Supreme Court to Address whether Auditors Owe Fiduciary Duties to Clients
By Liz Hedrick on
The North Carolina Supreme Court agreed Friday to review a Court of Appeals decision that raised concerns among North Carolina accountants over their ability to perform independent audits in conformity…
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Interesting Times Ahead: NC Supreme Court Hears Oral Argument In First of Five Cases “Grabbed” from Court of Appeals.
By Beth Scherer on
On Monday, the North Carolina Supreme Court heard oral argument in Cubbage v. The Board of Trustees of the Endowment Fund of NC State University (a.k.a., the “Hofmann Forest…
Continue Reading Interesting Times Ahead: NC Supreme Court Hears Oral Argument In First of Five Cases “Grabbed” from Court of Appeals.
Uncertifiable and Unrecoverable: Marines’ Claims Dismissed by 11th Circuit–Despite General Assembly’s Efforts to Save Them
By Beth Scherer on
In June, we blogged on how a United States Supreme Court decision interpreting a North Carolina statute of repose had created some strange bedfellows in the General Assembly–which had almost…
Continue Reading Uncertifiable and Unrecoverable: Marines’ Claims Dismissed by 11th Circuit–Despite General Assembly’s Efforts to Save Them
Didn’t See That Coming! North Carolina Supreme Court Sua Sponte Grabs FIVE Cases From Court of Appeals
By Beth Scherer on
On Friday, most of the NCAPB bloggers were attending the NCBA’s annual appellate practice CLE. However, a buzz of non-CLE chatter was excitedly circulating around the room. Had anyone ever…
Continue Reading Didn’t See That Coming! North Carolina Supreme Court Sua Sponte Grabs FIVE Cases From Court of Appeals
Reviewing the Standard of Review
By Kip D. Nelson on
Under the North Carolina Rules of Appellate Procedure, an appellant’s brief must contain “a concise statement of the applicable standard(s) of review for each issue.” N.C. R. App. P. 28(b)(6).
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Heard But Not Decided: Summary Disposition of Appeals
By Kip D. Nelson on
You lost in the North Carolina Court of Appeals, but you have convinced yourself that your legal argument was correct. You file a Petition for Discretionary Review (“PDR”) with the…
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Let’s Be Civil: The Supreme Court of North Carolina Issues Two Important Civil Opinions and Grants Discretionary Review in Four More
By Matthew Nis Leerberg on
In a big day for civil litigation, the Supreme Court of North Carolina on Wednesday issued a watershed opinion limiting the scope of actions under Chapter 75 (the Unfair and…
Continue Reading Let’s Be Civil: The Supreme Court of North Carolina Issues Two Important Civil Opinions and Grants Discretionary Review in Four More