On Tuesday, the Court of Appeals reversed a trial court’s dismissal of a plaintiff’s complaint seeking entry of a domestic violence protective order against her husband.  In Quackenbush v. Groat, the trial court dismissed the complaint despite twelve pages of attachments detailing alleged verbal abuse and sexual abuse of their minor child.  The reason appears to have been that the attachments submitted with the form were not specifically mentioned in the form. … Continue Reading

Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3.  But is the file-stamp on that notice of appeal unassailable?  On Wednesday, the North Carolina Business Court answered that question in the negative.

In Azure Dolphin LLC v. Barton, the deadline for filing the notice of appeal was 1 November 2017.… Continue Reading

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 sovereign body (a 12(b)(1) argument), that the court does not have jurisdiction over the person of the State because the State is a sovereign (a 12(b)(2) argument), or that you cannot state a claim against a sovereign in the first place (a 12(b)(6) argument)?… Continue Reading

I still remember the first email I sent, way back in 1995 (to my now-wife).  Here we are, 17 years later, and email is no longer a novelty.  It is the primary way most lawyers do business, structure their workdays, communicate with clients, and even communicate with a co-worker 10 feet away.

But the law and the rules are slow to adapt. … Continue Reading