Elizabeth Brooks Scherer

Fox Rothschild LLP

+ Follow Contact

Latest Posts › Jurisdiction

Share:

Appellate Courts and Messy Kitchens

Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more

2/12/2025 / Appeals , Appellate Courts , Federal Court Litigation , Federal Rules of Civil Procedure , Jurisdiction , Litigation Strategies , Remand , Rules of Civil Procedure , Stays

“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory...

In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general rule exists: When the trial court’s...more

11/25/2024 / Appellate Briefs , Appellate Courts , Interlocutory Appeals , Jurisdiction , NC Supreme Court , Notice of Appeal

Business Court: Subsequently Filed Notice Of Appeal Deprives Trial Court Of Jurisdiction To Rule On Pending Rule 60(b)(6) Motion

In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a pending Civil Rule 60(b)(6) motion...more

4/19/2021 / Appeals , Appellate Courts , Business Court , Jurisdiction , Notice of Appeal

Notices Of Appeal: Wouldn’t It Be Nice?

I. You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order- Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals...more

9/16/2019 / Appeals , Federal Rules of Appellate Procedure , Jurisdiction , Notice of Appeal

4 Results

View per page

Page: of 1