Chris Edwards

Ward and Smith, P.A.

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Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional

The NLRB’s Board Members and administrative law judges (“ALJs”) enjoy “for cause” removal protections, which generally means that they can be removed only for malfeasance or disregard of duty....more

8/22/2025 / Administrative Law Judge (ALJ) , Appeals , Appellate Courts , Appointments Clause , Article II , Constitutional Challenges , Federal Labor Laws , NLRA , NLRB , Unfair Labor Practices

A Recent Fourth Circuit Opinion Signals a Potential Shift in Preliminary Injunction Analysis

In that case, the U.S. Court of Appeals for the Fourth Circuit vacated a district court’s preliminary injunction and outlined an analytical framework that could change how courts evaluate injunction requests going forward....more

8/14/2025 / Administrative Procedure Act , Appellate Courts , En Banc Review , Litigation Strategies , Preliminary Injunctions , Standing , Vacated

Dangerous Traps in the Fourth Circuit: Three Easy Ways to Lose an Issue on Appeal

Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so finding a roadmap for...more

5/23/2025 / Appeals , Appellate Briefs , Appellate Courts , Federal Rules of Civil Procedure , Litigation Strategies , Motions in Limine , Rules of Appellate Procedure , Trial Practice Guidance

Preserve or Perish: The North Carolina Supreme Court Reinforces Rule 50 Specificity in Vanguard Pai Lung v. Moody

While this requirement is not new, the Court’s decision formally adopts a line of Court of Appeals precedent that enforces this rule with precision, particularly in complex cases involving multiple claims or defenses. The...more

4/14/2025 / Appellate Courts , Business Litigation , Conversion , Fraud , Judgment Notwithstanding the Verdict (JNOV) , NC Supreme Court , Trial Practice Guidance

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more

6/25/2024 / Appeals , Appellate Courts , Litigation Strategies , Oral Argument , Trial Preparation

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