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Back in the House: North Carolina Supreme Court Returning to In-Person Oral...
After more than a year of remote oral arguments, the Supreme Court of North Carolina is ready for some face-to-face time. Barring a COVID-19 resurgence, both the Justices and advocates will be back...
View ArticleThe Court of Appeals Returns to In-Person Arguments
The return to normalcy continues. Back in March 2021, the North Carolina Court of Appeals issued guidelines for when in-person oral arguments could be scheduled. Then, earlier this month, our Supreme...
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Officials, Immunities, and Statutes, Oh My!
The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates. In Wynn v. Frederick and Great American Insurance Company, the Court addressed...
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And Then There Was One: North Carolina Court of Appeals Grants En Banc Review...
Friday afternoon, my email and text message notification systems were singing. Why? For the first time since December 2016 when the Court of Appeals received en banc review authority, an order...
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Back in the (COVID) House: Supreme Court Cancels Plans to Return to In-Person...
Less than a month ago, I excitedly reported about a courtroom reunion for appellate advocates and the Supreme Court justices. Jinx! With the recent surge in Delta variant Covid-19 infections, the...
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Return to Richmond? Not so Fast.
The Fourth Circuit had intended to resume in person oral arguments at the Lewis F. Powell Jr. Courthouse in Richmond, VA for its September argument calendar. That return was short-lived, as this...
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Now Hiring: Office of Appellate Division Staff
Are you ready for a change of pace from private practice? The Office of Appellate Division Staff, which is located in the North Carolina Court of Appeals building, has a rare opening for a mid-level...
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Rule of Necessity Invoked
Last March, Pat blogged on a case pending before the Supreme Court of North Carolina in which invocation of the Rule of Necessity was a distinct possibility. Pat’s post has proved prescient as the...
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And Then There Were None–Court of Appeals’ First En Banc Case Vanishes
A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc. Turns out that the en banc party invitations were for naught. In a...
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Published En Banc Denials and Dissents
I have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further fascinating discussion on this topic,...
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“Rule of Necessity” Not Necessary for Federal Circuit Courts
An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North Carolina teachers’...
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AJEI Update, Plus a Helpful Tip For Everyone
The Appellate Judges Education Institute Summit is scheduled for November 11-14, 2021 in Austin. In light of the ongoing worries about COVID, questions arise as to whether an in-person conference is...
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Might the Rule of Necessity be Necessary After All?
Two weeks ago I blogged on the unique situation facing the Fourth Circuit in the high-profile Dylann Roof case after all of the judges of the Court recused themselves from hearing his appeal. Since...
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An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately...
In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an...
View ArticleNorth Carolina Supreme Court Issues Surprising Disqualification Order in...
In case you missed it, the Supreme Court of North Carolina issued a surprising disqualification order last week, setting up what could be a contentious internal fight within the Supreme Court as to...
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Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing,...
On Wednesday, October 13th, the Supreme Court of North Carolina issued new amendments to the North Carolina Rules of Appellate Procedure. The key changes, which apply to notices of appeal filed on or...
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Two Upcoming Events
First, the North Carolina Supreme Court Historical Society’s anniversary event is being held tomorrow, October 21st, at the Blanchard Law Firm in Raleigh. Whether you are attending that event or not,...
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The Panel of Theseus
Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can revise her own interlocutory order...
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Fourth Circuit Happenings – Back to Richmond and a New Member of the Court
Two significant announcements came out of the Fourth Circuit this week. The first was that the Court announced that in-person oral arguments will resume for the Court’s December argument calendar...
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Interlocutory Review of Fee Awards: How Much Is Too Much?
Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a potential...
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