When reading through recent batches of opinions from the North Carolina Court of Appeals, you may notice a new feature: a statement regarding the Court’s jurisdiction. While such a statement is required in an appellant’s brief, see N.C. R. App. P. 28(b)(4), it is not required in an opinion. And although the Court has addressed jurisdiction if necessary, opinions have not traditionally included a separate statement on jurisdiction when it was not in dispute.… Continue Reading

Scratch unconscionability off the list of likely arguments to make to avoid arbitration.  In a pair of opinions issued this week, the North Carolina Court of Appeals made it much more difficult going forward for a plaintiff to escape the consequences of an agreement to arbitrate, even when included in a contract of adhesion and even when it includes a class action waiver. … Continue Reading