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A vote flips, but the law stays the same

We’ve been following the saga of Hamlet H.M.A., LLC v. Hernandez throughout 2019. Last Friday, the Supreme Court finally issued its opinion in the case. Yesterday, Pat blogged on confusion caused by the tie vote in Hamlet. In this post, we read between the lines to consider what was going on behind the scenes in Hamlet.

Hamlet involves the “learned-profession exemption” in section 75-1.1. Section 75-1.1 broadly prohibits unfair

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Full of Sound and Fury, Signifying….What Exactly?

A while back, Justice Edmunds wrote a post that did a deep dive into what it means for the state’s jurisprudence when a case is “affirmed without precedential value.”  Matt followed that up with discussion of a Business Court opinion in which Judge Gale concluded that a Court of Appeals opinion that is “affirmed without precedential value” is not binding authority in subsequent cases, but rather has only persuasive value.  

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Supreme Court Adopts Universal Citation Format

Back in June, the Supreme Court of North Carolina sought feedback on a potential change to the citation format for North Carolina appellate court opinions.  This week, the Court has officially made plans for the universal citation format to go into effect.  The purpose of the change is to present “an immediate, permanent, and medium-neutral” citation the moment an opinion is issued.

Under the new format, each opinion will contain a unique

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All in the Timing

No, this post is not a tribute to David Ives. In many appellate cases, it really is all in the timing.

Some appellate rules regarding timing are easy to state. The deadlines to file a notice of appeal, an opening brief, and a petition for discretionary review are relatively straightforward.

But other timing issues are less obvious. The most recent set of opinions from the Court of Appeals addresses

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Petition Tracker Updated

The petition tracker has been updated with the Supreme Court’s most recent rulings on petitions for discretionary review.  The Court accepted three new civil cases dealing with various topics such as charter schools, municipal development ordinances, and evictions.  The Court will also be reviewing a juvenile delinquency case and (via a petition for writ of certiorari) another TPR case.  As always, we will keep you updated as new developments

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“They’re baaaaack!”– Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty

Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ authority to grant relief by writ of certiorari.   See here, here, here, here, here,  here, and here.   The Supreme Court has also written frequently about whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ discretionary authority to grant relief by writ of certiorari.

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