Judge Bill Pittman and I will sit down for a fireside chat this Monday to muse about the private practice of law, with a view from the bench and from the bar. As part of the Open World international exchange program, we will be hosting the discussion for the benefit of a visiting delegation from the Moldovan judiciary. The Moldovan delegation is especially interested in how lawyers and judges are
Apparently Marvin Gaye is not the only one who wants to know. For those of us who live and breathe the appellate rules, recent cases issued by the Court of Appeals are providing more than ample food for thought. The question that will not die is the extent to which the Court of Appeals is bound by its own precedent.
This issue was long thought to have been put
Do you know a recent law school graduate who is looking for work? North Carolina’s Office of the Appellate Defender has just posted an opening for an entry-level attorney. For those who might be interested, the deadline to apply is November 4th at 5:00 p.m. More information can be found
Appellate practitioners are familiar with the concept of moving to have the court publish an opinion that was initially issued as “unpublished.” Much rarer is the reverse situation, where a party seeks to have an opinion that was published “demoted” to unpublished status. And perhaps even rarer is to have that request for “unpublishing” made by a member of the Court. In fact, the first and only
As discussed in an earlier blog post, every member of the current West Virginia Supreme Court got into some type of trouble. According to the American Bar Association Journal’s Weekly Newsletter, Associate Justice Beth Walker, impeached by the West Virginia House, was acquitted by that state’s Senate on a vote of 31-1.
My initial impression is that this outcome is heartening. Its near-unanimity indicates that the state’s Senate reached
The Court of Appeals again reminded medical-malpractice litigants this week of the importance of including certain magic words about expert review in the complaint. In Fairfield v. WakeMed et al., the Court reconfirmed strict compliance with the heightened pleading standard in medical malpractice cases and affirmed the trial court’s dismissal of an action for straying too far from the language required by Rule 9(j).
Wait, didn’t we just write