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Four New Appellate Specialists Welcomed

 

The North Carolina State Bar announced last week that four attorneys had met the practice requirements and passed the examination necessary to be designated as Board Certified Specialists in Appellate Practice.  Congratulations to Pat Kane, Kip Nelson, Sherri Horner Lawrence, and Mark Sigmon!

With the addition of Pat and Kip to the rank of specialist, Fox Rothschild (nee Smith Moore Leatherwood) now boasts five board certified specialists as

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No-Merit Briefs, the Pro Bono Program, and En Banc Review

On Tuesday, the Court of Appeals issued its latest batch of opinions. Good news: the impending turkey feast has not slowed the court’s pace in grappling with interesting appellate issues.  Bad news: still no real resolution for most of them.

Rule 3.1 No-Merit Briefs: A Middle Ground?

In July and October, Kip wrote about the evolving disagreement in the Court of Appeals as to what type of appellate review

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North Carolina Supreme Court Re-Sets Oral Argument in Redistricting Case

 

The Supreme Court of North Carolina isn’t wasting any time in getting back to work after the 2018 elections.  As Matt wrote  last week, after the election, the Court cancelled oral arguments that had been previously scheduled for December, a common practice when an incumbent is leaving the Court. One of the affected cases was Dickson v. Rucho, the North Carolina gerrymandering case that has been winding its way

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Navigating Trial Decisions Through An Appellate Framework

Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial lawyer and an appellate lawyer work collaboratively during trial to reach the best solution for the client. Boone Ford, Inc. v. IME Scheduler, Inc., issued last week, provides two helpful reminders

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Supreme Court Cancels December Arguments

Clerk of the Supreme Court of North Carolina Amy Funderburk announced by e-mail Friday that December oral arguments in the Supreme Court will be postponed until after the new year.

Such schedule changes are the norm in election years.  It is common practice for the Court not to hold oral arguments between election day and December 31 in years in which an incumbent is leaving the Court.  In 2016, for example, the

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Hurricane Still Affecting Court Proceedings in Jones and Onslow Counties

Although many courthouses have resumed normal operations, the aftermath of Hurricane Florence is still affecting proceedings in some areas.  This week, Chief Justice Martin issued an order that extended emergency operations in Jones County and Onslow County through 6 December 2018.  A copy of the order (allowing court personnel to operate at alternative locations) can be found here.

–Kip

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