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New Blog Feature: Petition Tracker

Today we ‘re introducing a new feature for the blog: the petition tracker. You can check out the petition tracker page here, or by clicking on “Petitions Allowed” in the banner at the top of any page on the blog.

Although our state constitution says that the “courts shall be open,” open hasn’ t always meant “clear.” Before we created this feature, we realized that it wasn ‘t easy to track the cases pending at the Supreme Court. But it’ s helpful to know what cases the Supreme Court has accepted through discretionary review: these are the cases that the Court has chosen to hear. Tracking these cases can give the public and practitioners alike some insight on what gets the Court ‘s attention and what areas of law the Court wants to develop.

You’ ll notice that the petition tracker keeps up with every

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Sykes! Big News for Healthcare, Not So Much for Antitrust

Last Friday, the North Carolina Supreme Court issued its first-ever opinion discussing the learned-profession exemption under section 75-1.1.  This is big news, especially for healthcare lawyers and providers.

Most lawyers in North Carolina are familiar with section 75-1.1 of the General Statutes, which offers a broad prohibition on unfair and deceptive practices in or affecting commerce. Most lawyers also know that the law has an exemption for members

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Fourth Circuit Criminal Appellate Practice Seminar

On Monday, October 28, 2019, the Fourth Circuit will be sponsoring a Criminal Appellate Practice Seminar at the Omni Hotel in Richmond, Virginia. There will be panels and presentations on effective writing and oral advocacy, an appellate ethics session, updates on recent Supreme Court and Fourth Circuit cases, as well as other useful tips on appellate practice in the Fourth Circuit. The program promises to be very useful for

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Zloops! Another Rule 3 Dismissal

About a year ago, we blogged on Zloop v. Parker Poe, in which the North Carolina Business Court dismissed an appeal because the notice of appeal was directed to the North Carolina Court of Appeals instead of the Supreme Court of North Carolina (pursuant to N.C.G.S. s. 7A-27(a), almost all appeals from Business Court orders go directly to the Supreme Court).  Yesterday, it happened again.  In Justice v. Mission

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To Err Is Human, But to Review Is Divine—Exceptions to Preserving Error

Finally found time to blog on one of my favorite topics: exceptions and qualifications to the error preservation requirements of Appellate Rule 10! (Um, I heard those groans!).  A few weeks ago the North Carolina Supreme Court issued two new opinions shedding additional light on this semi-fascinating topic.

Under the Statutory Mandate Exception to Appellate Rule 10, Trial Judges Generally are Not Required to Supervise the Conduct of “Outside” State

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Office of Staff Counsel Hiring–Again!

The Office of Staff Counsel at the North Carolina Court of Appeals is hiring (again). Info about salary, benefits, and a job description can be found here.  Info not revealed at the link:  what bright and enjoyable people work in the Office of Staff Counsel, which is led by Jaye Bingham-Hinch.

If you know any bright and equally enjoyable attorneys that might be interested in the position, the deadline

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