Last year, we reported that long-time Supreme Court Clerk of Court, Christie Cameron Roeder, was retiring in June 2016. Since that time, the Supreme Court has been on the hunt
Continue Reading J. Bryan Boyd Announced as New Clerk of Supreme Court of North Carolina
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Supreme Court Uses PDR Bypass Petition to Calm the Storm
By Beth Scherer on
In October 2015, I blogged about In re Pike, a single Business Court order that resolved four consolidated actions. Because the actions were designated on different dates, the right…
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Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism
By Beth Scherer on
We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state…
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Supreme Court Retention Election Law Ruled Unconstitutional
By Matthew Nis Leerberg on
A three-judge panel has ruled that the “retention election” law that controls this year’s Supreme Court election is unconstitutional. The statute, N.C. Gen. Stat. § 7A-4.1, requires sitting Supreme…
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To Cite or Not to Cite–That Is the Question
By Kip D. Nelson on
Your introductory research and writing class probably taught you that constitutions, statutes, and binding caselaw are primary authority. Those should be the basis of any appellate brief.
But is it…
Continue Reading To Cite or Not to Cite–That Is the Question
Wake County Lawsuit Challenges Retention Election Statute
By Kip D. Nelson on
Back in June, we blogged about the passage of a new law that created “retention elections” for sitting justices on the Supreme Court of North Carolina. Justice Bob Edmunds is…
Continue Reading Wake County Lawsuit Challenges Retention Election Statute
General Assembly Amends Section 7A-27 To (Mostly) Fix The Jurisdictional Problems Created By The Business Court Modernization Act
By Beth Scherer on
On September 15 of this year, we blogged about how the Business Court Modernization Act’s amendment to N.C. Gen. Stat. § 7A-27 appeared to create concurrent jurisdiction in the Supreme…
Continue Reading General Assembly Amends Section 7A-27 To (Mostly) Fix The Jurisdictional Problems Created By The Business Court Modernization Act
A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
By Beth Scherer on
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 …
Continue Reading A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
By Beth Scherer on
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.
The Writ of Certiorari—A Somewhat Less Powerful Tool?
By Beth Scherer on
Yesterday’s batch of opinions contained an unusual nugget: an entire opinion devoted to arguably the most powerful of all appellate tools, the writ of certiorari. In State v. Biddix, …
Continue Reading The Writ of Certiorari—A Somewhat Less Powerful Tool?