Petitions for Discretionary Review

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.

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.

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

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

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

The case is over, and you’ve won. Feeling bullish, you move for attorneys’ fees. Before the trial court reaches the fees issue, however, your opponent files a Notice of Appeal
Continue Reading “Not a Model of Clarity”: When a Pending Motion for Attorneys’ Fees Prevents an Immediate Appeal