Go to Top


All Laws Are Not Created Equal

On Tuesday, the North Carolina Court of Appeals issued an opinion in Jackson/Hill Aviation, Inc. v. Town of Ocean Isle that reaffirmed the rule that North Carolina courts “cannot take judicial notice of municipal ordinances.”  The practical effect of that rule, as played out in Jackson/Hill Aviation, is that unless a municipal ordinance is specifically mentioned in a plaintiff’s complaint, a defendant cannot use that ordinance to defeat the

Read More

Fourth Circuit Finds No Standing in Data Breach Case

Consumer data breaches are a big problem. Sophisticated thieves hack into systems we thought were secure, pilfering reams of sensitive information: names matched with social security numbers, dates of birth, bank account numbers, and more.  Fraudulent credit cards are opened in the names of the innocent.  Real harm ensues.

But what about more mundane cybersecurity mishaps? A stolen laptop or phone that just happens to have sensitive data on

Read More

Mike Morgan Joins the Supreme Court

Newly elected  Mike Morgan was officially installed as the newest associate justice of the Supreme Court of North Carolina in a ceremony held yesterday in Raleigh.  Justice Morgan will take his seat in the junior associate spot, the furthest to the right when facing the bench.

More information about and pictures from the event can be found here.


Read More

A Lesson in Helping Verbs: When You May, Might, or Must Appeal

In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.

1. Unless some other exception applies, you may appeal from an interlocutory order only if it affects a substantial right. In Pass v. Brown, the Court reminded us that an appellant must identify a substantial right affected by each issue, not by an immediate appeal as a whole. Despite

Read More

Highlights of 2016 Appellate Rules Amendments

Last week, we noted here and here that the Supreme Court had adopted amendments to the Appellate Rules. The two biggest changes were the adoption of new en banc Rule 31.1 and the modified font rules under Appellate Rules 26 and 28 and Appendix B, which we blogged about in earlier posts.

The remaining changes appear to be technical amendments designed to clarify ambiguities in the rules or to

Read More

Ready, Set, Go: Issues of Appellate Practice and Procedure Begging for En Banc Review?

The Court of Appeals’ opinions from two weeks ago contain a hodgepodge of appellate nuggets that could not be ignored–despite the hustle and bustle of the impending holidays and the last two days excitement over breaking Supreme Court news.

Tetra Tech Tesoro, Inc. v. JAAAT Tech. Servs., LLC

First, We told you months ago that filing a Rule 59 motion after anything other than a trial can be dangerous.  That advice

Read More