Topics

amicus

Has the Court of Appeals Unfriended Its Amicus?

Amicus Briefs

NC Expands Role of Amici in AppealsSupreme Court Now Welcomes Amicus Filings at the Petition StageSupreme Court Amends Appellate Rules Governing Amicus Briefs, Secure Leave, and Oral Argument

Appeal Information Statement

Appellate Rules Amendments Bring Modifications to E-filing SystemSupreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition

Appellate Briefs

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitAt Trial:  Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal CasesWhat's in a Name? Court of Appeals Strikes an "Appellee" Brief

Appellate Defender

The Lights Are Still On:  Oral Notices of Appeals in Criminal CasesCan the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?The Trooper and the Hat—A Fable for Our Time

appellate mediation

Briefing Extensions Now Automatic for Cases that Participate in Appellate Mediation Program

Appellate Practice CLE

Here It Comes Again:  AJEI 2024     2024 NC Appellate CLE and Social Coming this March!Enjoy with a Glass of Lemonade: Court of Appeals Summer Appellate Seminar

Appellate Rules

“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineWe’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitThe Lights Are Still On:  Oral Notices of Appeals in Criminal Cases

Appellate Rules Amendments

Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using OdysseyNorth Carolina Appellate Practice and Procedure Treatise: Updated and Improved Release 2Shiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by Podcast

Appellate Rules Committee

Update Your Style: Appellate Rules Committee Publishes Updated Style Manual and Guide to AppealabilityLike Sands Through the Hourglass: Supreme Court Revises Transcript-Related Rules"They’re baaaaack!"-- Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty

Appellate Rules Violations

“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineWe’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitThe Lights Are Still On:  Oral Notices of Appeals in Criminal Cases

Appellate Sanctions

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitJust in Time for Halloween: Has the Specter of Viar Returned?Appellate Grab bag: En banc, appellate sanctions, and certiorari

Appellate Specialization

Six New SpecialistsThere’s No Appeal Without the Right to AppealNorth Carolina Court of Appeals Offers Free Appellate CLE Courses

Appointment

Attorney and Legislator Darren Jackson Tapped to Serve as Newest Court of Appeals JudgeJudge Mark Davis Elevated to the North Carolina Supreme Court

Arbitration

Assign Of Things To Come?A Divided Court Addresses Enforceability of “Ambiguous” Arbitration AgreementCourt of Appeals Reminds Parties to Act Fast If They Plan to Compel Arbitration

Articles

Unpacking the Recent Redistricting CasesAppellate Lawyers, The State Bar, And You(?)Jones’s Punctuation Confession

Ask the Judge

Ask The Judge About Clerkships: What responsibilities did your law clerks have?Announcing the “Ask the Judge” Video Series: Conversations with Sidney S. Eagles, Former Chief Judge of the North Carolina Court of Appeals

Attorneys' Fees

Can You Pass Go with a Fee Award?Interlocutory Review of Fee Awards: How Much Is Too Much?Attorneys’ Fees Available on Appeal in Chapter 75 (Unfair and Deceptive Practices) Cases

Business Court

Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) MotionWhat Does It Mean When an Appellate Court Attaches Another Court's Opinion?

Business Law

Assign Of Things To Come?Supreme Court Gets Down to Business—Business Court Cases, That IsTraps in North Carolina Business Court Appeals: Collected for You in One Place

Bypass PDRs / PDRs Prior

Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme CourtA Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar DisputeSupreme Court Uses PDR Bypass Petition to Calm the Storm

Certification

Latest Information On 2023 Specialization ExamSchool Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)When Losing Isn’t Really Losing: Court of Appeals Rejects 54(b) Certification

certioari

Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-OrdinaryA New Kind of "Merit" Badge: The Petition for Writ of CertiorariThe ups and downs (and up again?) of a Batson challenge

Class Actions

Fascinating Recusal Issue Facing Supreme Court of North CarolinaAccept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court

CLE

Upcoming CLE with Law School DeansYou're Invited: Three Upcoming EventsAJEI Update, Plus a Helpful Tip For Everyone

Clerk of Court

Breakfast with Buckner: Meeting the North Carolina Supreme Court's New Clerk

Clerkships

Law Clerk Wanted: North Carolina Court of AppealsNow Hiring: Supreme Court of North CarolinaFourth Circuit Hiring Again: Apply Soon

Constitutional Challenges

Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves GoodbyeNorth Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of "Usurper" LawsuitNorth Carolina Supreme Court Re-Sets Oral Argument in Redistricting Case

Contempt

Court of Appeals Doubles Down on Deadlines: Notice of Appeal Really Can Be Filed Too Early

Contracts

Assign Of Things To Come?Supreme Court Upholds Broad Waiver in Forbearance Agreement

Covid-19

New Recusal Order, New Remote Oral Argument, New Rules, New Clerk: Happy New Year!Fourth Circuit Happenings - Back to Richmond and a New Member of the CourtBack in the (COVID) House: Supreme Court Cancels Plans to Return to In-Person Oral Arguments

Criminal Appeals

The Lights Are Still On:  Oral Notices of Appeals in Criminal CasesAt Trial:  Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal CasesFourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves Goodbye

Discovery

Practice Tips for Preserving Privilege Issues for AppealCourt Bolsters Strength of Medical Review Privilege

E-filing

Christmas in September: New Features Added to North Carolina’s Appellate Filing WebsiteAppellate Rule Amendment: Service of Appellate Documents in the Trial Court Using OdysseyShiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by Podcast

Elections

Attorney and Legislator Darren Jackson Tapped to Serve as Newest Court of Appeals JudgeThe Honorable Paul Martin Newby Formally Installed as 30th Chief Justice of the Supreme Court of North CarolinaInvestiture Ceremony of the Supreme Court of North Carolina

En Banc

En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?Unicorn? Loch Ness Monster? Where’d they go?Unicorns and Loch Ness Monsters—Spotted Yesterday

Ethics

New Recusal Order, New Remote Oral Argument, New Rules, New Clerk: Happy New Year!Almost Heaven? Judicial Décor 101BREAKING NEWS: John Arrowood to Replace Judge McCullough on Court of Appeals

Events

You're Invited: Three Upcoming EventsTwo Upcoming EventsICYMI: Chat with the Chiefs on Thursday, May 6th

Execution of Judgments

The Super Power of Supersedeas

Extension of time

Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related RulesFAQs To Supreme Court's Covid-19 Deadline Extension OrderDeadlines and Florence: A Helping Hand From The Chief Justice

Family Law

Welcome, Michelle Connell, Family-Law & Appellate Specialist!Court of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely AppealWhich Orders Can Be Included In A Cross-Appeal?

Family Law Appeals

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitResisting the Urge to Give the Trial Court One Last Chance—Déjà Vu

Federal Rules of Appellate Procedure

How Important Is Oral Argument In The Fourth Circuit?Notices of Appeal: Wouldn’t It Be Nice?Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?

Finance

Supreme Court Upholds Broad Waiver in Forbearance Agreement

Fourth Circuit

Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves GoodbyeNow Hiring: EDNC Appellate AUSAAnother Published Rehearing Denial

Full Faith and Credit

Where's Your Daddy?Must a North Carolina Court Accept a Twombly-Based Federal Court Ruling as Preclusive on the Merits?

General Assembly

Will Appeals Of Right Be Left?Now Hiring (Part II): Special Counsel for Public Affairs & InnovationSupreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review

Governmental Immunity

The Mandate Rule and another Thinly-Sliced Qualified Immunity Opinion from the Fourth CircuitFourth Circuit Explains the Scope of "Collateral Order Doctrine"A Jurisdictional Jamboree (including an RPR sighting!)

Grammar

Consistency Is The Solution To A Gray Area (Or Is It Grey?)Is the Table of Contents the Most Important Component of a Brief?When Does "Or" Mean "And"?

Health Care

Proving Consent Was Not Informed Is Not So Easy for Medical Malpractice PlaintiffsFull of Sound and Fury, Signifying....What Exactly?Appellate Courts Have Discretion to Set Scope of New Trial on Remand—At Least Sometimes

Interlocutory Appeals

“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineRelying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments?  Maybe Don’t Count on ItAppellate Grab bag: En banc, appellate sanctions, and certiorari

Interview

Breakfast with Buckner: Meeting the North Carolina Supreme Court's New Clerk

Jobs

Now Hiring: EDNC Appellate AUSANow Hiring: North Carolina Supreme CourtAppellate Job Opening at the U.S. Attorney's Office in Raleigh

Judges

Fond Farewell to Retired Court of Appeals Chief Judge John MartinThe Great Dissenter:  North Carolina says goodbye to Judge Eddie GreeneJudge Doug McCullough (1945-2022)

Judicial Appointments

Judge Keenan Moving to Senior Status, Biden to Nominate Virginia SG to Fourth CircuitAnother Published Denial of Rehearing, Another 4th Circuit Case to the Supreme Court?Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?

Judicial Decision-Making

Whoever Said "Don't Count the Days, Make the Days Count," Must Not Have Needed to File a Notice of AppealUnmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel ... 90 Days LaterThe Art of Persuasion: The Supreme Court Disputes Where to Look

Jurisdiction

“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineJust in Time for Halloween: Has the Specter of Viar Returned?Whoever Said "Don't Count the Days, Make the Days Count," Must Not Have Needed to File a Notice of Appeal

Justiciability

Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)When A Case is Moot, Must the Court Remain Mute?Uncertifiable and Unrecoverable: Marines' Claims Dismissed by 11th Circuit--Despite General Assembly's Efforts to Save Them

Juvenile Appeals

Pro Bono Opportunity: The Guardian ad Litem ProgramCan You Appeal from a Nullity?Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review

Land Use

Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)The Long and Winding Road (with Apologies to the Beatles)A Lesson in Helping Verbs: When You May, Might, or Must Appeal

Legislation

Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of AppealsHas the Court of Appeals Unfriended Its Amicus?Deadlines and Florence: A Helping Hand From The Chief Justice

Local Rules

Update on Fourth Circuit Published Opinions Without ArgumentFourth Circuit Case Has Post-Argument Judge SubstitutionHow Important Is Oral Argument In The Fourth Circuit?

mediation

Court of Appeals Revises Appellate Mediation Procedures in Light of COVID-19Briefing Extensions Now Automatic for Cases that Participate in Appellate Mediation Program

Moot Court

Want to Moot an Upcoming Appellate Argument? Carolina Law Has You Covered

Mootness

When an appeal becomes moot, should the lower court opinion be vacated?Fourth Circuit Holds that Trial Court Cannot Prevent Appellate Review of Decision by Vacating that Decision After Appellate Proceedings Have CommencedWhen A Case is Moot, Must the Court Remain Mute?

Motions for Appropriate Relief

Court of Appeals Extends Grace To Reach Merits of Appeal--Twice in the Same DayUpdate: Appellate Court JurisdictionRules are Made (Allowed) to be Broken (Suspended)

Motions to Dismiss

Court Rejects Form Over Substance Review of PleadingsWhat Makes a “Proper” Rule 59 Motion?  The Uncertainty Over When a Rule 59 Motion Will Toll the 30-Day Appeal Clock Continues. . ."They’re baaaaack!"-- Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty

Municipal Law

Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?The Mandate Rule and another Thinly-Sliced Qualified Immunity Opinion from the Fourth CircuitFourth Circuit Explains the Scope of "Collateral Order Doctrine"

N.C. Appellate Practice & Procedure Treatise

Whoever Said "Don't Count the Days, Make the Days Count," Must Not Have Needed to File a Notice of AppealNorth Carolina Appellate Practice and Procedure Treatise: Updated and Improved Release 2Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related Rules

NC Court of Appeals

Wednesday Returns: Court of Appeals Changes Release Schedule for New Opinions“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineChristmas in September: New Features Added to North Carolina’s Appellate Filing Website

New Trial

Resisting the Urge to Give the Trial Court One Last Chance—Déjà VuAppellate Courts Have Discretion to Set Scope of New Trial on Remand—At Least SometimesNavigating Trial Decisions Through An Appellate Framework

Non-Competition Agreements

North Carolina Supreme Court Reaffirms "Strict Blue Pencil" Doctrine for Interpreting Non-Competition Agreements

North Carolina Constitution

Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate ReviewSupreme Court: General Assembly Cannot Limit Our JurisdictionGovernor Cooper Sues to Challenge Bill Downsizing Court of Appeals

North Carolina Rules of Appellate Procedure

“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineWe’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitSouthern Hospitality:  Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”

North Carolina Supreme Court

“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineChristmas in September: New Features Added to North Carolina’s Appellate Filing WebsiteDoes a Dissenting Opinion Control the Supreme Court?

Notice of Appeal

The Lights Are Still On:  Oral Notices of Appeals in Criminal CasesAt Trial:  Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal CasesJust in Time for Halloween: Has the Specter of Viar Returned?

Office of Administrative Counsel

Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related RulesSupreme Court Launches Rules Notification Service

Office of the Solicitor General

Matt Sawchak to Step Down as NC Solicitor General; Deputy Ryan Park to Serve as Next SGN.C. Solicitor General Announces New Fellowship Opportunity–Apply Today!N.C. Solicitor General Announces Fellowship Opportunity--Apply Today!

Opinions

Wednesday Returns: Court of Appeals Changes Release Schedule for New OpinionsOpinions Galore!A Majority Court and a Dissenting Justice: A Glimpse into the Future?

Oral Argument

Fast Talk: Compressed Oral Arguments in N.C. Court of AppealsHelpful Changes to NC Appellate E-filing Site: "Upcoming Oral Arguments" BannerUsers' Spam Filters Are Blocking Some Calendar Notices from North Carolina’s Appellate Courts

Petition for Rehearing

En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?Court of Appeals Emphasizes Importance of Identifying the Proper PlaintiffUnmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel ... 90 Days Later

Petition for Writ of Certiorari

The Lights Are Still On:  Oral Notices of Appeals in Criminal CasesAt Trial:  Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal CasesCertiorari Petitions in the Court of Appeals: From Ordinary to Extra-Ordinary

Petition for Writ of Supersedeas

Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel ... 90 Days LaterThe Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?The Super Power of Supersedeas

Petitions for Discretionary Review

Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era HealthcareUnmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel ... 90 Days LaterThe Descent of a Dissent

Post-Trial Motions

Resisting the Urge to Give the Trial Court One Last Chance—Déjà VuCan You Appeal from a Nullity?Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)

Preemption

Uncertifiable: Battle Over North Carolina's Statute of Repose in CERCLA Cases Makes for Strange BedfellowsCourt of Appeals Sidesteps Supreme Court of North Carolina, Holds that Arbitration Agreement is Not Unconscionable

Preserving Error

Southern Hospitality:  Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”Clash of the Titans:  When Waiver and Subject-Matter Jurisdiction CollideSupreme Court Upholds Constitutionality of Another Error Preservation Statute

Pro Bono

Pro Bono Opportunity: The Guardian ad Litem ProgramAppellate Pro Bono Program: Ready to RepresentNC Appellate Courts Launch Appellate Pro Bono Program

Proposed Legislation

Chief Justice Martin Addresses Senate Bill 698That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.Governor Cooper Sues to Challenge Bill Downsizing Court of Appeals

Public Policy

Notices of Appeal: Wouldn’t It Be Nice?That Didn’t Last Long: General Assembly Nullifies Supreme Court Opinion With Record Speed, While The Supreme Court Grapples With Error Preservation Problems.Fourth Circuit Pleads With North Carolina to Create Federal Certification Mechanism

Publications

Traps in North Carolina Business Court Appeals: Collected for You in One PlaceNotice of Appeal Tip Sheet Published

Published Opinions

Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?Fourth Circuit: Felon-in-Possession Statute Upheld under Bruen and Another ACCA Violent Felony Waves GoodbyeA Majority Court and a Dissenting Justice: A Glimpse into the Future?

Record on Appeal

Just in Time for Halloween: Has the Specter of Viar Returned?Better Late Than Never? Not AlwaysAvoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal

Reply Briefs

When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?Proving Appellate Jurisdiction: Do Not Put Off Until Tomorrow What You Can Do TodayGive The Court Notice Of Additional Authority, But Not Much More

Res Judicata and Collateral Estoppel

Must a North Carolina Court Accept a Twombly-Based Federal Court Ruling as Preclusive on the Merits?

Resources

Update Your Style: Appellate Rules Committee Publishes Updated Style Manual and Guide to AppealabilityEnjoy with a Glass of Lemonade: Court of Appeals Summer Appellate SeminarFAQs To Supreme Court's Covid-19 Deadline Extension Order

Rule 2

To Err Is Human, But to Review Is Divine—Exceptions to Preserving ErrorWrits of Certiorari: Still the Most Powerful Tool in the Appellate Courts' ArsenalWrit of Certiorari Issued to Dismiss Appeal

Rule 3.1

And Then There Was One: North Carolina Court of Appeals Grants En Banc Review for the First Time Ever.Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of AppealsLike Sands Through the Hourglass: Supreme Court Revises Transcript-Related Rules

Rule 54(b) certifications

Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments?  Maybe Don’t Count on ItSchool Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)Failure To Include “Magic Words” In Rule 54(b) Certified Order Not Necessarily Fatal

Rule 60

Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) MotionResisting the Urge to Give the Trial Court One Last Chance—Déjà Vu

Sealed and confidental documents

Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of AppealFourth Circuit to Implement Filing Procedures for Highly Sensitive DocumentsSupreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition

Secure Leave

Supreme Court Adopts Generous, Secured-Leave Policy To Assist Sleep-Deprived, New ParentsSupreme Court Amends Appellate Rules Governing Amicus Briefs, Secure Leave, and Oral Argument

Social Media

To Follow or Not to Follow: The Brave New World of Social Media

Sovereign Immunity

Officials, Immunities, and Statutes, Oh My!The Mandate Rule and another Thinly-Sliced Qualified Immunity Opinion from the Fourth CircuitInterlocutory Appellate Jurisdiction: Should The Courts Analyze The Merits First?

Sports Law

Court of Appeals Sacks Linebacker

Standing

Court of Appeals Emphasizes Importance of Identifying the Proper PlaintiffDO MONUMENTS HAVE STANDING?Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)

Statistics

How Important Is Oral Argument In The Fourth Circuit?Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?By the Numbers: 2016 Outcomes in Supreme Court Decisions

Stay Pending Appeal

The Court of Appeals Again Recognizes the Trial Court’s Jurisdiction to Decide the Appealability of Interlocutory Orders When Deciding Whether the § 1-294 Stay AppliesMore On Jurisdiction and SEDNo Jurisdiction Means No Jurisdiction (Except When It Doesn't)

Style and Format

2021 Codification of the Appellate RulesUniversal Citations: Coming Soon to a Brief Near YouEnjoy with a Glass of Lemonade: Court of Appeals Summer Appellate Seminar

Technology

Trending: Appellate Judges Use the Internet to Prepare OpinionsDo Not Pass Go, Do Not Appeal $40 Million JudgmentIs Your Brief As Beautiful On An iPad As It Is On Paper?

Three Judge Panels

Appellate Grab bag: En banc, appellate sanctions, and certiorariAn Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately AppealableNo-Merit Briefs, the Pro Bono Program, and En Banc Review

Tolling of Notice of Appeal

What Makes a “Proper” Rule 59 Motion?  The Uncertainty Over When a Rule 59 Motion Will Toll the 30-Day Appeal Clock Continues. . .Court of Appeals Adds Another Wrinkle to What Constitutes a “Proper” Rule 59 Motion for Non-Trial JudgmentsCourt of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely Appeal

Transcripts

Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related RulesSupreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday EditionWho Gets the Benefit of the Doubt—the Record on Appeal or the Trial Court?

Uncategorized

Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?Here It Comes Again:  AJEI 2024     Opinions Galore!

Unfair and Deceptive Practices

Full of Sound and Fury, Signifying....What Exactly?Attorneys’ Fees Available on Appeal in Chapter 75 (Unfair and Deceptive Practices) Cases

United States Constitution

An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately AppealableWhen Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (Federal Edition)Supreme Court to Hear Three Significant Civil Appeals in October

United States Court of Appeals

Notices of Appeal: Wouldn’t It Be Nice?Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?Fourth Circuit Explains the Scope of "Collateral Order Doctrine"

United States Supreme Court

Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?The Fourth Circuit's New Normal?The Not So Curious Case of the Published Denial of Rehearing

Unpublished Cases

Update on Fourth Circuit Published Opinions Without ArgumentAlways Read the FootnotesUnpublished Fourth Circuit Per Curiam Opinion Involving Pro Se Litigant Rights Moving Towards the Supreme Court on the Backs of Legal Giants

Writing

Update Your Style: Appellate Rules Committee Publishes Updated Style Manual and Guide to AppealabilityAlways Read the FootnotesEnjoy with a Glass of Lemonade: Court of Appeals Summer Appellate Seminar