I. You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order
Approximately three years ago, I blogged on Majerske v. Majerske,
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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.
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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Rule 9(b)(5) Supplements and Issues Raised for the First Time On Appeal: Don’t Do It!
I can’t pass up the opportunity to blog about an appellate case titled Don’t Do It, [Sic] Empire, LLC v. Tenntex, COA 15-938 (Mar. 1, 2016) ([sic] in original)—especially
Continue Reading Rule 9(b)(5) Supplements and Issues Raised for the First Time On Appeal: Don’t Do It!
Yes, Virginia, Substantial Constitutional Questions Do Exist!
A party has an appeal of right to our Supreme Court from certain decisions of the Court of Appeals under N.C. Gen. Stat. § 7A-30. The overwhelming majority of those
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The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
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
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Supreme Court Decision Means School Voucher Program Is Likely Here to Stay
In what is sure to fuel an already vigorous political debate, the North Carolina Supreme Court upheld North Carolina’s school voucher program yesterday, dissolving the trial court’s injunction prohibiting disbursement
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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
Didn’t See That Coming! North Carolina Supreme Court Sua Sponte Grabs FIVE Cases From Court of Appeals
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
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.