In October 2015, I blogged about In re Pike, a single Business Court order that resolved four consolidated actions. Because the actions were designated on different dates, the right
Continue Reading Supreme Court Uses PDR Bypass Petition to Calm the Storm
Record on Appeal
Rule 9(b)(5) Supplements and Issues Raised for the First Time On Appeal: Don’t Do It!
By Beth Scherer on
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…
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Trending: Appellate Judges Use the Internet to Prepare Opinions
By Beth Scherer on
This week the Fourth Circuit joined a growing trend in acknowledging that its judges can, and sometimes do, look outside of the joint appendix/appellate record and Westlaw/Lexis for support for …
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A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
By Beth Scherer on
Yesterday’s blog post focused on how the Business Court Modernization Act only applies to “actions designated as mandatory complex business cases on or after” October 1, 2014. See Session Law …
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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.
Somewhat Less Surprising Sanctions
By Patrick M. Kane on
In the decisions released by the Court of Appeals two weeks ago, there were a number that included the Court sanctioning parties for failing to adhere to the North Carolina…
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At Long Last: Discussion of an Appeal from Small Claims Court
By Fox Rothschild LLP on
While we here at NCAPB concern ourselves with all things appellate, rarely do we have occasion to blog about appeals from decisions made in Small Claims Court. Cue up the…
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Be Careful What You [Object] For
By Kip D. Nelson on
The concept of waiver is fairly straightforward and can generally be summed up by the adage “use it or lose it.” But when it comes to appellate practice, the concept…
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Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)
By Beth Scherer on
Ignore that Rule of Appellate Procedure! How often do you hear me say that? I would wager not often, but the Court of Appeals’ recent opinion in Magazian v. Creagh…
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In Summary Judgment Matters, Letters between Counsel are No Substitute for Affidavits or Other Proper Record Evidence
By Fox Rothschild LLP on
Any litigator can tell you that a North Carolina court examining a motion for summary judgment determines whether a genuine issue of material of fact exists by looking at any…
Continue Reading In Summary Judgment Matters, Letters between Counsel are No Substitute for Affidavits or Other Proper Record Evidence