In Summary Judgment Matters, Letters between Counsel are No Substitute for Affidavits or Other Proper Record Evidence

Any litigator can tell you that a North Carolina court examining a motion for summary judgment determines whether a genuine issue of material of fact exists by looking at any number of materials in the record.... Read More

Reviewing the Standard of Review

Under the North Carolina Rules of Appellate Procedure, an appellant’s brief must contain “a concise statement of the applicable standard(s) of review for each issue.” N.C. R. App. P. 28(b)(6). The... Read More

By The Numbers: Likelihood of Reversal in the Fourth Circuit and the North Carolina Court of Appeals

Jerry Hartzell recently published an article in the April 2014 issue of the North Carolina Advocates for Justice’s Trial Briefs. The article is entitled “Probability of Success on Appeal: Reversal Rates... Read More

No objection, No problem: Court of Appeals grants new trial on ground not raised by trial counsel

As a general rule, an appellate issue is only preserved if you first object before the trial court.  N.C. R. App. P. 10(a)(1).  The Court of Appeals reminded us this week of two potentially expansive... Read More

Newly Published “Guide to Appealability of Interlocutory Orders” Creates Starting Point for Interlocutory Appeal Research

The Supreme Court of North Carolina long ago observed that “the ‘substantial right’ test for appealability of interlocutory orders is more easily stated than applied.” Waters v. Qualified Pers., Inc.,... Read More

Do Not Pass Go, Do Not Appeal $40 Million Judgment

Do you regularly check the docket activity in your cases?  If this routine is not already a part of your practice, it probably should be, especially when your client’s appeal is on the line. One party... Read More

What Is The Fourth Circuit’s Office of Staff Counsel And What Do They Do?

I am often asked, “how will this appeal be decided?” A recent employment vacancy posting for the Fourth Circuit’s Executive Director & Chief of the Office of Staff Counsel contains a... Read More

Jurisdiction, Jurisdiction, Jurisdiction (a.k.a., Lights, Camera, No Action)

Jurisdiction, Jurisdiction, Jurisdiction.  These three words will be on mental repeat after reading the North Carolina Court of Appeals’ decision this week in MDT Personnel, LLC v. APH Contractors, Inc.  ... Read More

Heard But Not Decided: Summary Disposition of Appeals

You lost in the North Carolina Court of Appeals, but you have convinced yourself that your legal argument was correct.  You file a Petition for Discretionary Review (“PDR”) with the Supreme Court of North... Read More

North Carolina Court of Appeals Issues Magnum Opus on Claim and Issue Preclusion (And A Few Other Things for Good Measure)

North Carolina practitioners seeking guidance on claim preclusion and issue preclusion now need to look no further than the Court of Appeals’ decision Tuesday in Barrow, et al. v. D.A.N. Joint Venture Prop.... Read More

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