Petitions for Discretionary Review

Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post
Continue Reading Supreme Court Reverses Court of Appeals Application of Appellate Rule 2

On Wednesday, the General Assembly overrode the Governor’s veto of House Bill 239.  Against opposition from the bench and the bar, the legislature pushed the court-shrinking bill through on
Continue Reading Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court

Over the past few months, we have shared several  potential problems created by the Business Court Modernization Act.  Nonetheless, we held a few potential traps close to our vest because,
Continue Reading A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.

On Monday, the North Carolina Supreme Court heard oral argument in Cubbage v. The Board of Trustees of the Endowment Fund of NC State University (a.k.a., the “Hofmann Forest
Continue Reading Interesting Times Ahead: NC Supreme Court Hears Oral Argument In First of Five Cases “Grabbed” from Court of Appeals.

In a big day for civil litigation, the Supreme Court of North Carolina on Wednesday issued a watershed opinion limiting the scope of actions under Chapter 75 (the Unfair and
Continue Reading Let’s Be Civil: The Supreme Court of North Carolina Issues Two Important Civil Opinions and Grants Discretionary Review in Four More

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
Continue Reading “Not a Model of Clarity”: When a Pending Motion for Attorneys’ Fees Prevents an Immediate Appeal

About eight times per year, on a Friday morning, the Supreme Court of North Carolina releases a batch of about a half dozen to a dozen opinions.  There’s usually something
Continue Reading Supreme Court Grants Petition for Discretionary Review in Chapter 75 “Unfair or Deceptive Practice” Case