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

The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come.  But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals

Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days.  But leave the front

Continue Reading Southern Hospitality:  Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”

A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar.  In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of marijuana with intent to sell and deliver, and carrying a concealed weapon.  The juvenile filed a motion to suppress, arguing that the search of his car was unconstitutional.
Continue Reading Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?