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NC Supreme Court North Carolina

Fox Rothschild LLP

Are North Carolina Court of Appeals Judges Dissenting Less?

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Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more

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Wednesday Returns: Court of Appeals Changes Release Schedule for New Opinions

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You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third Wednesday of the month, Since the Court will be...more

Cranfill Sumner LLP

NC Supreme Court Issues Decision on Extended Compensation Benefits

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On December 13, 2024, the North Carolina Supreme Court issued a unanimous decision on extended compensation benefits that is favorable to employers and workers’ compensation insurance carriers.  To be entitled to extended...more

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Christmas in September: New Features Added to North Carolina’s Appellate Filing Website

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The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org. The filing site has long allowed attorneys and the...more

Cranfill Sumner LLP

North Carolina Supreme Court Rules Stacking of UIM Coverage Is Not Permitted When Determining Whether a Vehicle is Underinsured

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In N.C. Farm Bureau Mut. Ins. Co. v. Herbert, the North Carolina Supreme Court held that UIM policies cannot be stacked when determining whether a tortfeasor’s vehicle is underinsured. The decision upends almost 30 years of...more

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Some Calendar Notices from North Carolina’s Appellate Courts Are Not Getting Through

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Trigger warning: this post may cause appellate lawyers to have nightmares. There has been a spate of technical glitches lately that caused critical notices from the North Carolina Court of Appeals to end up in “quarantine”...more

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NC Supreme Court Fills Its 2023-24 Calendar

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If you have a case pending before the North Carolina Supreme Court and haven’t yet received an oral argument notice, your case likely won’t be argued until the fall. The North Carolina Supreme Court does not have an...more

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No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.

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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

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A Majority Court and a Dissenting Justice: A Glimpse into the Future?

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The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court,...more

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NC Expands Role of Amici in Appeals

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Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P....more

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North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within

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If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value Health Solutions, Inc. v. Pharmaceutical Research...more

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Beyond the 500-Week Limit: Understanding Extended Compensation under the North Carolina Workers’ Compensation Act

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Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more

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Supreme Court Offers Appellate Advice for Unrepresented Litigants

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The Supreme Court of North Carolina gets a lot of questions and filings from unrepresented litigants. Often, those folks are in the wrong court (they should be in the Court of Appeals). Other times, they’re in the right...more

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Recusal at Issue

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In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the gruesome and protracted abuse of a child that...more

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When an appeal becomes moot, should the lower court opinion be vacated?

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In a short order issued last week, the North Carolina Supreme Court narrowly voted to vacate a Court of Appeals’ opinion in connection with dismissing an appeal on mootness grounds. Well, I said that the order was short, but...more

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Justice Morgan to Resign

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Today, Justice Michael Morgan announced that he will be stepping down from his seat on the Supreme Court of North Carolina, effective the week of September 4. This announcement comes following Justice Morgan’s recent...more

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DO MONUMENTS HAVE STANDING?

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Over the last few years, Confederate monuments in many North Carolina towns and cities have been objects of controversy. As one who parked for eighteen years in the shadow of the towering and now-departed Confederate...more

Snell & Wilmer

SCOTUS Rejects the Independent State Legislature Theory

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In what some deem the “800-pound gorilla” of election law, the U.S. Supreme Court, on June 27, 2023, rejected the so-called independent state legislature theory in Moore v. Harper. By a vote of 6-3, the Supreme Court held...more

Cranfill Sumner LLP

Ensuring Your Student Dress Code Does Not Skirt Equal Protection Laws and Title IX

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The Supreme Court denied a North Carolina charter school’s petition for review of the Fourth Circuit Court of Appeals’ ruling that the school’s dress code requirements violated students’ civil rights, the Equal Protection...more

Ward and Smith, P.A.

NC Courts Step Into the Digital Age With E-Filing Rollout: A Look at the Progress

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The rollout of a statewide electronic court filing system called Odyssey Integrated Case Management System, or Odyssey ICMS, is officially underway....more

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Will Appeals Of Right Be Left?

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With little notice or fanfare, the latest North Carolina Senate budget bill stands poised to make a significant change in North Carolina appellate practice. Currently there are several routes to the Supreme Court of North...more

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Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using Odyssey

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On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing system to be served on...more

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Workers' Compensation Cases to Consider in 2023

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In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more

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A Season of Transitions at the Supreme Court

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It’s not unusual to see changes on the bench with the arrival of a new year. Come January 1, 2023, Justice Dietz and Justice Allen will join the Supreme Court of North Carolina. All readers of this blog will wish each a...more

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Is it in or out...of the Statute of Limitations?

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Timely Service of Uninsured Motorist Actions - On July 7, 2022, the N.C. Supreme Court received a request, in the matter of Ricky DEAN, Administrator of the Estate of Olivia Darlene Flores v. Ravon Walser ROUSEAU, 2022 WL...more

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