Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you
Continue Reading Preserve Family Harmony–File for Secure Leave Today!
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you…
Continue Reading Preserve Family Harmony–File for Secure Leave Today!Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions…
Continue Reading Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.Dissent-based appeals of right might stick around a little longer than we thought.
The 2023 budget bill struck N.C. Gen. Stat. § 7A-30(2), which had allowed for an appeal of…
Continue Reading Did the NC Supreme Court Just Extend the Dissent-Based Appeal Period?For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the…
Continue Reading NC Supreme Court Cleans Up Rules on Dissent-Based AppealsThe Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org.
The filing site has long allowed attorneys…
Continue Reading Christmas in September: New Features Added to North Carolina’s Appellate Filing WebsiteThe North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute.
In May 2020, the pandemic…
Continue Reading Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era HealthcareI wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue…
Continue Reading Helpful Changes to NC Appellate E-filing Site: “Upcoming Oral Arguments” BannerTrigger warning: this post may cause appellate lawyers to have nightmares.
There has been a spate of technical glitches on the user side lately that caused critical notices from the…
Continue Reading Users’ Spam Filters Are Blocking Some Calendar Notices from North Carolina’s Appellate CourtsIf you have a case pending before the North Carolina Supreme Court and haven’t yet received an oral argument notice, your case likely won’t be argued until the fall.
The…
Continue Reading NC Supreme Court Fills Its 2023-24 CalendarThe four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court, this minimalist approach, with a dissent, may be a harbinger of what to expect from the Supreme Court in the future.
Continue Reading A Majority Court and a Dissenting Justice: A Glimpse into the Future?