On Tuesday, October 24, 2017, Chief Justice Mark Martin issued the following statement about Senate Bill 698, which seeks to amend the North Carolina Constitution to provide for two-year
Continue Reading Chief Justice Martin Addresses Senate Bill 698
Proposed Legislation
That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.
On June 9, 2017, the Supreme Court of North Carolina issued a unanimous opinion holding that when an employer admits the compensability of an injury under the Worker’s Compensation Act,…
Continue Reading That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.
Governor Cooper Sues to Challenge Bill Downsizing Court of Appeals
As previously blogged about here, here, here, and here, the North Carolina General Assembly recently passed a bill that would reduce the number of seats on…
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Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism
We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state…
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General Assembly Amends Section 7A-27 To (Mostly) Fix The Jurisdictional Problems Created By The Business Court Modernization Act
On September 15 of this year, we blogged about how the Business Court Modernization Act’s amendment to N.C. Gen. Stat. § 7A-27 appeared to create concurrent jurisdiction in the Supreme…
Continue Reading General Assembly Amends Section 7A-27 To (Mostly) Fix The Jurisdictional Problems Created By The Business Court Modernization Act
Uncertifiable and Unrecoverable: Marines’ Claims Dismissed by 11th Circuit–Despite General Assembly’s Efforts to Save Them
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
Uncertifiable: Battle Over North Carolina’s Statute of Repose in CERCLA Cases Makes for Strange Bedfellows
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.
Are Even More Legislative Changes In Store for Our Appellate Courts?
Friday I blogged about a proposal to expand the Supreme Court’s mandatory appellate jurisdiction in Business Court cases. The General Assembly is apparently seeking more changes for our state judiciary–including…
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Is the North Carolina Supreme Court’s Docket About to Expand Significantly?
Mack Sperling reports this morning in his Business Litigation Report that the General Assembly is toying with “modernizing” the North Carolina Business Court. Several significant changes are being proposed, but …
Continue Reading Is the North Carolina Supreme Court’s Docket About to Expand Significantly?