Unlike some sites, this blog does not focus heavily on decisions from the U.S. Supreme Court. But last Friday’s decision in Ortiz v. United States on the breadth of
Continue Reading Marbury v. Madison–in 2018?

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Unlike some sites, this blog does not focus heavily on decisions from the U.S. Supreme Court. But last Friday’s decision in Ortiz v. United States on the breadth of…
Continue Reading Marbury v. Madison–in 2018?
In light of Matt’s post from yesterday, does anyone perceive an uptick in dismissals of appeals for notice of appeal problems? Are North Carolina lawyers unique in their propensity…
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (Federal Edition)
Twice this week the Fourth Circuit took the relatively unusual step of issuing published opinions on orders denying rehearing of a case. Ordinarily such orders are not published for the…
Continue Reading The Curious Case(s) of the Published Denial of Rehearing
On Tuesday, the North Carolina Court of Appeals issued an opinion in Jackson/Hill Aviation, Inc. v. Town of Ocean Isle that reaffirmed the rule that North Carolina courts “cannot take…
On occasion, the Supreme Court of North Carolina will grant a petition for discretionary review and then later decide that the grant was “improvidently allowed.” See, e.g., here and…
Continue Reading An “Improvident” Decision
A few weeks ago, one of my colleagues blogged on the topic of unpublished opinions in the North Carolina Court of Appeals. The Maryland Appellate Blog released an interesting post …
Continue Reading “Soft Precedent”: Unpublished Opinions in the Fourth Circuit Court of Appeals
The Fourth Circuit Court of Appeals issued two opinions last week clarifying issues relating to notices of appeal.
In Jackson v. Lightsey, the Fourth Circuit addressed 1) whether a notice…
Continue Reading Merry Christmas To Appellate Practitioners from the Fourth Circuit Court of Appeals
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
Today, the United States Supreme Court issued its final two opinions of the term with widely-anticipated rulings involving the Affordable Care Act and union fees. The justices split 5-4,…
Continue Reading How Divided is the United States Supreme Court?
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.