If you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you are aware of any cases currently pending in...more
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’ retirement plans. As...more
In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage at the highest courts of both the country...more
Last month I blogged about a Fourth Circuit case that saw an eleventh-hour judge recusal. The Supreme Court of North Carolina is now facing a similar issue, times five.
The case involves a class action challenging a law...more
Effective October 1, 2020, House Bill 679 amended Rules 3 and Rule 5 of the North Carolina Rules of Civil Procedure. Of significance, Rule 5 was amended to make electronic mail, and e-filing where available, permissible forms...more
North Carolina General Statute § 7A-30(2) allows for an appeal as of right to the Supreme Court of North Carolina from “any decision of the Court of Appeals rendered in a case…in which there is a dissent.” Seems pretty...more