The Time to Seek Certification in Appellate Practice is Now!

The NC State Bar Board of Legal Specialization is accepting applications now through July 1, 2015.  Board certification provides a great way to enhance your career.  Certification is granted by the Board of... Read More

Briefing Extensions Now Automatic for Cases that Participate in Appellate Mediation Program

The Scherer household recently added a new baby, and while I have been gushing about how wonderful he is, the Court of Appeals has been displaying similar affection for its appellate mediation program.  In... Read More

Supreme Court of North Carolina Vacates Order Accelerating Duke Energy’s Coal Ash Clean Up After the General Assembly Weighs In

Earlier this month, the Supreme Court of North Carolina held again that the judicial branch should not issue advisory opinions regarding disputes that have already been addressed through the political... Read More

Is North Carolina Ready for Certification of Questions from the Fourth Circuit?

With support from the federal bench, the state bench, and the bar, certification may finally be within reach. Every state in the country except North Carolina has a process by which the corresponding United... Read More

Appealability, Again

One of the oft-recurring issues in appellate decisions is that of whether the ruling sought to be appealed is actually, at least at that time, appealable. This week, both the North Carolina Court of Appeals... Read More

Supreme Court Rules at the Intersection of Preliminary Injunctions and Substantial Rights

There are some obvious parallels between pursuing a preliminary injunction and pursuing an immediate appeal based on an interlocutory order’s affecting your substantial rights.  To obtain a preliminary... Read More

Supreme Court Retention Election Bill Becomes Law

UPDATE (6/12/15):  The bill was signed by the Governor yesterday and is now law.  The General Assembly has actively considered a number of proposals this session that would change how we elect judges in... Read More

Supreme Court of North Carolina Picks Up the Pace

Your Supreme Court has been busy lately.  Here’s a snapshot of the Court’s oral argument workload for 2015-to-date, compared to the same period last year: Supreme Court Oral... Read More

When Is the Right Time to Seek a Rule 54(b) Certification?

A split decision of the Court of Appeals Tuesday provides a warning to litigators:  If you plan to take immediate appeal from an order that is final as to some but not all claims or parties under Rule 54(b),... Read More

Change to Automatic Stay Statute Portends Future Appellate Rules Fixes

The “automatic stay” statute seems simple enough at first glance.  “When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the... Read More

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