After two years of uncertainty about the future of the Court of Appeals, there appears to have been a breakthrough. Yesterday, a bill was introduced by Republicans in the North
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Update: Appellate Court Jurisdiction
It was just over one year ago that I wrote about the authority of one appellate panel to overrule another panel when the issue is one of jurisdiction. Last week,
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Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism
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
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Eleventh-Hour Bill Could Add Partisan Labels on Ballots for Candidates for Court of Appeals
Way back in January, a bill was introduced that would have “restore[d] partisan statewide judicial elections.” That is, the bill would have required Court of Appeals and Supreme Court
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Change to Automatic Stay Statute Portends Future Appellate Rules Fixes
The “automatic stay” statute seems simple enough at first glance. “When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon
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No Shorts Allowed: Supreme Court to Convene Special Mid-Summer Session to Hear Governors’ Lawsuit Against General Assembly
Who has the right to control environmental commissions in North Carolina–the Governor, or the Legislature?
That is the central question in a lawsuit filed by current and former Governors McCrory,
Continue Reading No Shorts Allowed: Supreme Court to Convene Special Mid-Summer Session to Hear Governors’ Lawsuit Against General Assembly
Governor expected to sign bill providing direct appeal to Supreme Court from North Carolina Business Court decisions
Yes, we are still an appellate blog. The Business Court, however, has been particularly active in the appellate sphere these past few months. As reported in June, the General Assembly
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Uncertifiable: Battle Over North Carolina’s Statute of Repose in CERCLA Cases Makes for Strange Bedfellows
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.
Is the North Carolina Supreme Court’s Docket About to Expand Significantly?
Mack Sperling reports this morning in his Business Litigation Report that the General Assembly is toying with “modernizing” the North Carolina Business Court. Several significant changes are being proposed, but
Continue Reading Is the North Carolina Supreme Court’s Docket About to Expand Significantly?