It was a pleasant surprise this morning to discover that the Maryland State Bar Association’s Maryland Appellate Blog was discussing a point of North Carolina appellate practice and procedure.

The impetus of the discussion was the United States Supreme Court’s recent decision in CTS Corp. v. Waldburger, where the Court was called on to decide whether the express preemption of state statutes of limitations set forth in the federal superfund environmental clean-up law known as CERCLA also applies to state statutes of repose. … Continue Reading

Scratch unconscionability off the list of likely arguments to make to avoid arbitration.  In a pair of opinions issued this week, the North Carolina Court of Appeals made it much more difficult going forward for a plaintiff to escape the consequences of an agreement to arbitrate, even when included in a contract of adhesion and even when it includes a class action waiver. … Continue Reading