We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state courts for guidance on issues of state law. Recently, a Fourth Circuit concurrence by Judge Thacker contained another public plea for North Carolina to adopt a certification mechanism–quickly. In Stahle v.… Continue Reading
With support from the federal bench, the state bench, and the bar, certification may finally be within reach.
Every state in the country except North Carolina has a process by which the corresponding United States Court of Appeals can certify a question of state law to the state’s highest court for consideration. The lack of a certification procedure has engendered much consternation and discussion over the years. … Continue Reading
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 immediately rushed to “clarify” North Carolina’s statute of repose. The General Assembly’s “clarification” efforts were directed toward saving lawsuits pending in the Eleventh Circuit that had been brought by U.S. Marines and their families who had been exposed to toxic groundwater at Camp Lejeune.… Continue Reading
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.
The impetus of the discussion was the United States Supreme Court’s recent decision in CTS Corp. v. Waldburger, where the Court was called on to decide whether the express preemption of state statutes of limitations set forth in the federal superfund environmental clean-up law known as CERCLA also applies to state statutes of repose. … Continue Reading