Look around your office. There’s paper everywhere, right? Your office is a fire hazard.
How can you fix that problem? You should take two steps: (1) throw all that stuff
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A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
Yesterday’s blog post focused on how the Business Court Modernization Act only applies to “actions designated as mandatory complex business cases on or after” October 1, 2014. See Session Law
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A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
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.
At Long Last: Discussion of an Appeal from Small Claims Court
While we here at NCAPB concern ourselves with all things appellate, rarely do we have occasion to blog about appeals from decisions made in Small Claims Court. Cue up the
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Be Careful What You [Object] For
The concept of waiver is fairly straightforward and can generally be summed up by the adage “use it or lose it.” But when it comes to appellate practice, the concept
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Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)
Ignore that Rule of Appellate Procedure! How often do you hear me say that? I would wager not often, but the Court of Appeals’ recent opinion in Magazian v. Creagh
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A Few “Brief” Points
Judges repeatedly tell us that the brief is our best vehicle to explain our view of the case and why the law is in our client’s favor. Unfortunately, it is
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Alternative Requests for Relief – Reasonable or Risky Business?
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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How to Improve Your Chances of Winning an Appeal
1) Appeal from an order that can be appealed. The Court of Appeals reminded us today that interlocutory attorney fee awards are not immediately appealable. Cebula v. Givens Estates, Inc.
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Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
The North Carolina Court of Appeals decision in Hammond v. Saini arises from a horrific set of facts. Plaintiff underwent a surgical procedure to remove a potentially cancerous growth from
Continue Reading Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not