Go to Top

Home

Questions About N.C. Appellate Elections? Check Out Our Voter-Information Guide

It is amazing to me how difficult it is for the public to access basic information about the upcoming elections for open seats on the Supreme Court of North Carolina and the Court of Appeals.  Legal challenges find their way into the press, but the fundamentals–which seats are open, why those seats are open, who is running, why voters should care–get little coverage.

So, we have prepared a user-friendly voter-information

Read More

Deadlines and Florence: A Helping Hand From The Chief Justice

Hurricane Florence has brought flooding and other forms of misery to much of North Carolina, especially in the coastal and southeastern counties.

On Thursday, 13 September 2018, Chief Justice Martin issued a helping hand to attorneys in those areas. Pursuant to N.C.G.S. § 7A-39(b)(1) the Chief issued an emergency order  finding that “catastrophic conditions” existed in Beaufort, Brunswick, Carteret, Craven, Currituck, Dare, Hyde, Jones, New Hanover, Onslow, Pamlico, Pender, Sampson, and

Read More

Supreme Court Clarifies Special Pleading Requirement in Medical-Malpractice Actions

If you have ever litigated a medical-malpractice case, you likely know all about Rule 9(j). Rule 9—the repository of the exceptions to our “notice-pleading regime”—requires a med-mal plaintiff (who isn’t relying on the doctrine of res ipsa loquitur) to include certain magic words about expert review in the complaint. No magic words, no lawsuit.

But wait: what if Rule 9(j) is less about writing something specific in the complaint,

Read More

Rushing To Replace Duncan

For some time, North Carolina lawyers have been waiting anxiously to see who would be named to fill the seat being vacated by Judge Allyson Duncan. Now we know.

Allison Jones Rushing is from East Flat Rock, North Carolina and earned her undergraduate degree at Wake Forest and her law degree at Duke. She went on to clerk for some federal jurists you may have heard of:  Sentelle, Gorsuch,

Read More

Is This the End of Legal Yeti (a.k.a. Bigfootnote)?

Just at the “Arab Spring” brought both revolution and repression to the Middle East, an “Appellate Spring” may be upon us as appellate practitioners and judges agitate against the Bluebook’s excessively technical rules.  More specifically, many are embracing the notion that quotations in opinions and briefs should be streamlined to make them more readable.

A full history of this evolving process is beyond the scope of this blog but

Read More

Court of Appeals Adds Another Wrinkle to What Constitutes a “Proper” Rule 59 Motion for Non-Trial Judgments

In Davis v. Rizzo (issued Tuesday), the Court of Appeals further limited what kinds of post-judgment motions might constitute “proper” Rule 59 motions sufficient to toll the appeal period.   Not only must such a motion raise adequate grounds under Civil Rule 59, but the party must also seek valid Rule 59 relief.   When the motion fails to do so, the party’s deadline for filing a notice of appeal under

Read More