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Update: Court of Appeals Withdraws Opinion Requiring Business Court Designation Papers to be Included in Record

On July 5, 2016, the Court of Appeals dismissed an appeal for failure to include the business court designation papers.  In Grasinger v. Williams, the court reasoned that, without information about designation appearing in the record, it could not be 100% sure whether the case was designated for the business court before October 1, 2014.  That date matters, because cases designated after October 1, 2014 must be appealed directly

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Annual Appellate Practice CLE: September 30th in Cary

Are you interested in honing your appellate practice skills?  Want to hear about some of the resources that are available to help you research and write more effectively?  Still need some CLE credit this year?

The Appellate Practice Section of the North Carolina Bar Association is hosting its CLE and annual meeting on Friday, September 30th at the Bar Center in Cary.  In addition to the CLE credit, the

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Fourth Circuit Favors Functionality Over Formality

In Chief Judge Gregory ‘s first published opinion since assuming his new role, the Fourth Circuit indicated yesterday that functional compliance with jurisdictional rules trumps formal compliance.  In Clark v. Cartledge, the Court addressed whether a pro se plaintiff’ s filing of a request for an extension of time to request a certificate of appealability qualifies as the notice of appeal required by Rule 3 of the Federal Rules of Appellate Procedure when a formal notice of appeal was not timely filed.  The majority held that it did and determined that the Court therefore had jurisdiction over the appeal.
In coming to this determination, the

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There’s a Court for That: Forum Selection in North Carolina Business Cases

Many thanks to Judges Diaz, Gale, and Ridgeway and to all who attended for making last week ‘s Federal Bar Association CLE a great success.  I’ m posting the written materials here for future reference.  More details on the CLE from my original post can be found below.

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In North Carolina, parties with business disputes may have the choice among as many as four “forums” in which to bring their case:  state superior court; superior court

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Business Court Designation Papers Are Now a Mandatory Part of the Record on Appeal

In yet another case highlighting potential pitfalls when appealing a decision of the Business Court, the North Carolina Court of Appeals dismissed a plaintiff’s appeal Tuesday for failing to provide specific information relating to the Court’s jurisdiction over the appeal.  In Grasinger v. Williams, the Court of Appeals held that the plaintiff-appellant “failed to confer jurisdiction” on the Court because the Record on Appeal did not contain anything that

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The Future of the Business Court Just Became More Certain

The Governor and the General Assembly have been busy.

After being nominated for a business court slot over a year ago, Mike Robinson was finally confirmed by the General Assembly earlier this month.  Judge Robinson will be sworn in on July 1, 2016, and will serve a five-year term.  Judge Robinson will eventually sit in the new business court at Wake Forest University School of Law when it is ready around

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