Topics

amicus

Has the Court of Appeals Unfriended Its Amicus?

Amicus Briefs

Supreme Court Now Welcomes Amicus Filings at the Petition StageSupreme Court Amends Appellate Rules Governing Amicus Briefs, Secure Leave, and Oral ArgumentYes, Virginia, Substantial Constitutional Questions Do Exist!

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

Appellate Rulings Not Argued By Any Party; or Too Many Fingers in the PieIs Dogwood's Bark Losing Its Bite?Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review

Appellate Defender

Can the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?The Trooper and the Hat—A Fable for Our TimeSupreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review

appellate mediation

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

Appellate Practice CLE

Enjoy with a Glass of Lemonade: Court of Appeals Summer Appellate SeminarAppellate CLE Coming September 13thOperation Rule 3.1: Supreme Court Hosts CLE

Appellate Rules

Supreme Court Upholds Constitutionality of Another Error Preservation StatuteHow Important Is Oral Argument In The Fourth Circuit?Has the Court of Appeals Unfriended Its Amicus?

Appellate Rules Amendments

Shiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by PodcastNew Recusal Order, New Remote Oral Argument, New Rules, New Clerk: Happy New Year!Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeal, and Motions . . . Oh My!

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

The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to AppealAppellate Grab bag: En banc, appellate sanctions, and certiorariCan the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?

Appellate Sanctions

Appellate Grab bag: En banc, appellate sanctions, and certiorariNotices of Appeal: Wouldn’t It Be Nice?Is Dogwood's Bark Losing Its Bite?

Appellate Specialization

North Carolina Court of Appeals Offers Free Appellate CLE CoursesFour New Appellate Specialists WelcomedAppellate Lawyers, The State Bar, And You(?)

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

Interlocutory Review of Fee Awards: How Much Is Too Much?Attorneys’ Fees Available on Appeal in Chapter 75 (Unfair and Deceptive Practices) CasesHow to Win (and Keep) an Attorneys’ Fees Award

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

When Losing Isn’t Really Losing: Court of Appeals Rejects 54(b) CertificationCourt of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme CourtBill Would Allow Federal Courts to Certify Questions to the North Carolina Supreme Court

certioari

A New Kind of "Merit" Badge: The Petition for Writ of CertiorariThe ups and downs (and up again?) of a Batson challengeAnother Published Denial of Rehearing, Another 4th Circuit Case to the Supreme Court?

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

AJEI Update, Plus a Helpful Tip For EveryoneAppellate Judges Education Institute 2021North Carolina Court of Appeals Offers Free Appellate CLE Courses

Clerkships

Now Hiring: Supreme Court of North CarolinaFourth Circuit Hiring Again: Apply SoonWho You Gonna Call? Appellate Practitioners Prepare For Retirement Of An Appellate MVP

Constitutional Challenges

North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of "Usurper" LawsuitNorth Carolina Supreme Court Re-Sets Oral Argument in Redistricting CaseThe Curious Case(s) of the Published Denial of Rehearing

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 Art of Persuasion: The Supreme Court Disputes Where to LookThe ups and downs (and up again?) of a Batson challengeCan the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?

Discovery

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

E-filing

Shiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by PodcastOperation Rule 3.1: Supreme Court Hosts CLEAppellate Rules Amendments Bring Modifications to E-filing System

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

Unicorn? Loch Ness Monster? Where’d they go?Unicorns and Loch Ness Monsters—Spotted YesterdayAppellate Grab bag: En banc, appellate sanctions, and certiorari

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

Two Upcoming EventsICYMI: Chat with the Chiefs on Thursday, May 6thMarch 31st: Webinar Featuring Former Appellate Jurists

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

Resisting 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

En Banc Review Results in Equally Divided Fourth Circuit (Again)Fourth Circuit Happenings - Back to Richmond and a New Member of the CourtMight the Rule of Necessity be Necessary After All?

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

Now Hiring (Part II): Special Counsel for Public Affairs & InnovationSupreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate ReviewNorth Carolina Supreme Court Re-Sets Oral Argument in Redistricting Case

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

Appellate Grab bag: En banc, appellate sanctions, and certiorariInterlocutory Review of Fee Awards: How Much Is Too Much?An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable

Jobs

“Hello, Goodbye”: Appellate Courts Face Bittersweet Departures.Now Hiring: Office of Appellate Division StaffSupreme Court Hiring Staff Attorney

Judges

“Hello, Goodbye”: Appellate Courts Face Bittersweet Departures.Judge Keenan Moving to Senior Status, Biden to Nominate Virginia SG to Fourth CircuitHow Important Is Oral Argument In The Fourth Circuit?

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

The Art of Persuasion: The Supreme Court Disputes Where to LookHow Important Is Oral Argument In The Fourth Circuit?Has the Court of Appeals Unfriended Its Amicus?

Jurisdiction

Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of AppealsBusiness Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) MotionCan partial summary judgment affect a substantial right?

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?

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

NC Court of Appeals

NO PLEA DEAL?  NO PROBLEM! Unicorns and Loch Ness Monsters—Spotted YesterdayA Loch Ness Sighting: A Writ Decision with a Dissent

North Carolina Rules of Appellate Procedure

And Then There Was One: North Carolina Court of Appeals Grants En Banc Review for the First Time Ever.2021 Codification of the Appellate RulesNorth Carolina Court of Appeals Offers Free Appellate CLE Courses

North Carolina Supreme Court

Unicorn? Loch Ness Monster? Where’d they go?Now Hiring: Office of Appellate Division StaffBack in the (COVID) House: Supreme Court Cancels Plans to Return to In-Person Oral Arguments

Notice of Appeal

The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to AppealThe Descent of a DissentWhen It Comes to Appeals as of Right to the Supreme Court of North Carolina, Not All Dissents Are The Same

Oral Argument

Shiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by PodcastFourth Circuit Happenings - Back to Richmond and a New Member of the CourtReturn to Richmond? Not so Fast.

Petition for Writ of Certiorari

Appellate Grab bag: En banc, appellate sanctions, and certiorariA New Kind of "Merit" Badge: The Petition for Writ of CertiorariCan the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?

Petitions for Discretionary Review

The Descent of a DissentPetition Tracker UpdatedThe Tracking Continues

Preserving Error

Supreme Court Upholds Constitutionality of Another Error Preservation StatuteResisting the Urge to Give the Trial Court One Last Chance—Déjà VuAppellate Rulings Not Argued By Any Party; or Too Many Fingers in the Pie

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

Record on Appeal

Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related RulesCan the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?Appellate Review of Trial Court Reasoning

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

Uncategorized

Grant Buckner: North Carolina Supreme Court’s Next Clerk of CourtFourth Circuit Happenings - Back to Richmond and a New Member of the CourtNorth Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of "Usurper" Lawsuit