North Carolina Business Court

Eleven days before it is due, you FedEx your Notice of Appeal to the county courthouse, return-receipt requested. Seven days before it is due, you receive an e-mail confirmation that the document was, in fact, delivered.  You have timely appealed, right?

Maybe not. In Hefner v. Mission Hospital, a Business Court case, a final order was filed-stamped in the county courthouse on December 17, 2015, starting the thirty-day clock during which the plaintiff could file a notice of appeal. … Continue Reading

A few months ago, Hanesbrands Inc. sued a former executive to recover the value of certain stock units and options because of her alleged defection to a competitor.  Hanesbrands filed a “Notice of Designation” so that the case could proceed in the North Carolina Business Court because it involves securities law and the law governing corporations.  The Chief Justice of the Supreme Court agreed and designated the case as “mandatory complex business,” proceeding before Chief Judge Jim Gale. … Continue Reading

Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For those new to the Ehrenhaus discussion, take a look at our prior posts here and here and here. The central question is whether the provision in Appellate Rule 3 requiring that a notice of appeal be filed “with the clerk of superior court” can, in a North Carolina Business Court case, be satisfied by e-filing the notice of appeal through the Business Court website, or can only be satisfied by timely filing of the notice of appeal with the clerk of superior court in the case’s “home county.”… Continue Reading

The fine print to the Business Court Modernization Act poses a jurisdictional trap for those wishing to appeal from a Business Court order.  Signed into law on August 6, 2014, the Act made a number of changes for Business Court cases and otherwise, as we have discussed before.

One of the biggest changes is the provision of direct appeals from the Business Court to the Supreme Court of North Carolina, now codified at N.C.Continue Reading

Your Supreme Court has been busy lately.  Here’s a snapshot of the Court’s oral argument workload for 2015-to-date, compared to the same period last year:

Supreme Court Oral Arguments
2014 2015
January 6 6
February 12 9
March 5 17
April 6 13
May 6 5
TOTAL 35 50

These figures comport with those presented yesterday by Chief Justice Mark Martin during a speech to the Wake County Bar Association. … Continue Reading