When the State argues that you can’t sue it because it enjoys sovereign immunity, is it saying that the court does not have subject matter jurisdiction over claims against a
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Interlocutory Appeal
Newly Published “Guide to Appealability of Interlocutory Orders” Creates Starting Point for Interlocutory Appeal Research
By Beth Scherer on
The Supreme Court of North Carolina long ago observed that “the ‘substantial right’ test for appealability of interlocutory orders is more easily stated than applied.” Waters v. Qualified Pers., Inc.…
Does A Rule 50/52/59 Motion Still Toll the Deadline for Filing a Notice of Appeal “As to All Parties”?
By Beth Scherer on
Eric will be blogging about today’s Court of Appeals’ opinions later tonight, but I wanted to make everyone aware of a prior Court of Appeals’ opinion that all litigators should…
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Supreme Court Grants a Boatload of PDRs
By Matthew Nis Leerberg on
Common wisdom suggests that it is extremely difficult to have a Petition for Discretionary Review (PDR) granted, allowing you to obtain review in the Supreme Court of North Carolina from…
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You Can Appeal If You Want To, But The Trial Court May Not Step Aside
By Matthew Nis Leerberg on
An interlocutory appeal can really throw a wrench in the orderly progress of a case. A party may have a colorable argument that the trial court wrongly decided an issue…
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Alternative Requests for Relief – Reasonable or Risky Business?
By Fox Rothschild LLP on
Thinking about proposing an alternative request for relief, asking for a clean win but informing the court that you would settle for lesser relief “in the alternative”? What about saving…
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Supreme Court to Hear Three Significant Civil Appeals in October
By Matthew Nis Leerberg on
Continuing a recent trend of tackling more thorny civil cases, the Supreme Court of North Carolina will hear three high-profile civil cases this October. Notably, two of the three cases…
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Pendent Appellate Jurisdiction, Not So Clear-Cut
By Fox Rothschild LLP on
Will the North Carolina Court of Appeals hear every issue an appellant raises in an interlocutory appeal, or limit its review to core questions affecting a substantial right? Our Court…
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Attorneys’ Fees are Ancillary, and That’s Final
By Matthew Nis Leerberg on
Does a pending motion for attorneys’ fees make the otherwise final substantive order interlocutory, or can it be immediately appealed?
I wrote a few months ago about the Court of…
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“Not a Model of Clarity”: When a Pending Motion for Attorneys’ Fees Prevents an Immediate Appeal
By Matthew Nis Leerberg on
The case is over, and you’ve won. Feeling bullish, you move for attorneys’ fees. Before the trial court reaches the fees issue, however, your opponent files a Notice of Appeal…
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