Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine.
Continue Reading Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
Over the last few years, Confederate monuments in many North Carolina towns and cities have been objects of controversy. As one who parked for eighteen years in the shadow of
Continue Reading DO MONUMENTS HAVE STANDING?
A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975.
Continue Reading Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)
It has long been harder for a plaintiff to show standing in federal court than in North Carolina’s state courts. A juicy 2-1 decision from the North Carolina Court of
Continue Reading Could North Carolina Finally Adopt Federal Standing Requirements?
Suppose the person or business across the street from your home wants to build something you find noxious. What can you do to protect your view, your tranquility, and your
Continue Reading There Goes the Neighborhood