Suppose the Supreme Court of North Carolina jettisoned In re Civil Penalty—the case requiring panels of the Court of Appeals to treat earlier Court of Appeals panel opinions as
Continue Reading Alternatives to Horizontal Stare Decisis
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Suppose the Supreme Court of North Carolina jettisoned In re Civil Penalty—the case requiring panels of the Court of Appeals to treat earlier Court of Appeals panel opinions as…
Continue Reading Alternatives to Horizontal Stare DecisisOn March 20, the Supreme Court issued an opinion in In re N.M.W., No. 159PA25, 2026 WL 796105 (N.C. Mar. 20, 2026). But as many of you know, I’m…
Continue Reading We need to talk about… In re Civil Penalty (again)