Can You Restart the 30-Day Appeals Clock After Remand from Federal Court?

In federal court, an order granting a preliminary injunction is immediately appealable under 28 U.S.C. § 1292.  In North Carolina courts, however, an order granting a preliminary injunction is generally not... Read More

Fourth Circuit to Hear Arguments at Campbell Law on September 17

The Fourth Circuit will hear oral arguments at Campbell’s law school in downtown Raleigh on September 17.  A panel of the court will consider three cases, including a First Amendment case and two... Read More

Need Electronic Court Records? Get a License.

Last week, the Supreme Court held that electronically maintained court records are not subject to the Public Records Act, reversing a unanimous opinion of the Court of Appeals. While the Court’s opinion in... Read More

Who You Gonna Call? Appellate Practitioners Prepare For Retirement Of An Appellate MVP

♪♪ If there is something strange, In your neighborhood, Who you gonna call? . . . If there’s something weird And it don’t look good, Who you gonna call? For children of the eighties, the... Read More

What’s in a Name? Not the Statutory Right to an Immediate Appeal

North Carolina General Statutes § 1-277(a) says that “an appeal may be taken from every judicial order or determination of a judge of a superior or district court…[that] grants or refuses a new trial.”... Read More

When Can One Court of Appeals Panel Overrule Another?

The general rule is that a decision of one panel of the Court of Appeals is binding on future panels addressing the same issue. State v. Jones, 358 N.C. 473, 487, 598 S.E.2d 125, 133 (2004). This rule is... Read More

Supreme Court Decision Means School Voucher Program Is Likely Here to Stay

In what is sure to fuel an already vigorous political debate, the North Carolina Supreme Court upheld North Carolina’s school voucher program yesterday, dissolving the trial court’s injunction prohibiting... Read More

Public Entities Potentially Receive Some Protection From Proactive Court of Appeals

In a decision that promises to have a substantial impact for counties and municipalities struggling to reconcile North Carolina’s Open Meetings Law and its Public Records Act, the Court of Appeals yesterday... Read More

Attorneys’ Fees Available on Appeal in Chapter 75 (Unfair and Deceptive Practices) Cases

If you were entitled to attorneys’ fees for trial-level work in a Chapter 75 case, you are entitled to attorneys’ fees for appellate-level work as well.  The Court of Appeals reaffirmed this simple... Read More

Where Does Your Appeal Lie In a North Carolina Business Court Case?

The fine print to the Business Court Modernization Act poses a jurisdictional trap for those wishing to appeal from a Business Court order.  Signed into law on August 6, 2014, the Act made a number of... Read More

« Previous Entries

© 2015 Smith Moore Leatherwood LLP | All rights reserved.