Go to Top

Home

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

Read More

Appellate Review of Trial Court Reasoning

Unlike in federal court, judges in North Carolina’s state courts often invite counsel for the prevailing party to draft a proposed order on the court’s ruling. Sometimes the judge will let the parties know of the judge’s rationale through a formal memorandum of ruling or an informal email. Does that document play any role in the appellate process?

Yes, according to the Court of Appeals. In Wilmington Savings Fund

Read More

Matt and Drew’s Excellent Adventure

On Friday, June 14, 2019, you have a chance to hear all about a U. S. Supreme Court case from those who were there.  And it’s free for all members of the NC Bar Association!  Here are the details:

In Kimberley Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue, ___ N.C. ___, 814 S.E.2d 43 (2018), the Supreme Court of North Carolina considered whether defendant could

Read More

Office of the Solicitor General Seeking New Assistant Solicitor General – Apply Today!

The Office of the Solicitor General of North Carolina is seeking applications for a new Assistant Solicitor General! The Assistant Solicitor General participates in all aspects of the office ‘s operations, including drafting appellate briefs and presenting oral argument in both state and federal appellate courts. In addition to getting to work on some of the highest profile appellate cases in North Carolina, the Assistant Solicitor General also has the opportunity to work closely with North Carolina’ s Solicitor General, the inestimable Matt Sawchak.

A full job description can be found here.  As prior clerkship experience is strongly preferred, any reader wrapping up a state or federal clerkship could be well-suited for the position.  Please help us

Read More

Big Wheel Keep On Turning

While I can’t say I’ve seen everything, there are days when I feel like I’m getting close.  Although this blog has most often looked at North Carolina or Fourth Circuit cases, we sometimes cast a wider net.  Let’s consider a recent published opinion from the Sixth Circuit, Taylor v City of Saginaw, et al.

Plaintiff Taylor apparently was fed up with a particular officer working for defendant City of

Read More

Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)

A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975. This long-neglected rule was the catalyst for a published decision that dismissed sua sponte a substitute party’s appeal in Weishaupt-Smith v. Town of Banner Elk.

Here’s the background: American Towers first applied for a conditional use permit to construct

Read More