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Appellate Social. April 12. Whiskey Kitchen. Be There.

Just in time for spring, it’s the NCBA Appellate Practice Section’s spring social!  Thanks to a great line up of sponsors, we have a fantastic event in store. Not a member of the Appellate Practice Section?  It’s never too late to join our fine group.  Click here, or call (919) 677-0561 and ask for the membership department. Here are the details for the social: WHEN | Thursday | April 12 …Read More

NC Appellate Courts Launch Appellate Pro Bono Program

Big news:  Both the North Carolina Supreme Court and Court of Appeals have voted to approve an appellate pro bono program that has been in the works for many months.  The initial training session for volunteers will be held April 13 at the Court of Appeals building in Raleigh.  The website for the program is up and running, and a full description of the program can be found here. Of course, …Read More

Update: Business Court Sidesteps Published Court of Appeals Opinion Affirmed “Without Precedential Value”

Last fall, Justice Edmunds analyzed the subtle policy questions presented when a Court of Appeals decision is affirmed “without precedential value” by a divided Supreme Court.  A robust discussion followed in the “comments” section. Last Friday, Chief Judge Gale of the North Carolina Business Court weighed in on the debate in Zloop v. Parker Poe.  He concluded that the business court is not bound by Court of Appeals decisions that …Read More

Judicial Primary Update: There Won’t Be One

In the latest shift in the tug-of-war over judicial elections in North Carolina, a divided panel of the Fourth Circuit last week issued an order all but ensuring that there will be no primary election for judges in North Carolina in 2018. The saga began last fall, when the General Assembly passed Senate Bill 656, canceling the 2018 judicial primaries.  Governor Cooper vetoed the bill, but the veto was overridden …Read More

Celebrate NC Courts Videos Available on YouTube

The Court of Appeals 50th Anniversary Celebration held at the Angus Barn in October was a great success.  During the dinner, a retrospective documentary on the Court of Appeals was played to great acclaim. Did you miss the dinner and the documentary?  Good news:  a number of videos–from the documentary, to a “year in review” video for the 50th anniversary of the Court of Appeals, to a recording of the August …Read More

Fourth Circuit to Tackle Contentious Clean Water Act Case

There’s a big Clean Water Act case being argued in the Fourth Circuit this week.  Here’s the gist:  suppose you discharge pollutants into the ground, and they seep into surface waters.  Does the Clean Water Act–which only regulates discharges into surface waters–apply? Apparently the nation’s district courts are split on this issue.  The Fourth Circuit tackles it this week in Upstate Forever v. Kinder Morgan Energy.  The Ninth Circuit is …Read More

Judicial Primaries–Including Appellate Primaries–Have Been Eliminated

The 2018 judicial primaries–including those for open Court of Appeals and Supreme Court seats–have been eliminated.  With the senate and the house voting to override the Governor’s veto by substantial margins, Senate Bill 656, the “Electoral Freedom Act of 2017,” has become law. The law (Session Law 2017-124) provides: No 2018 Primary for Judicial Offices. – Notwithstanding G.S. 163-106, no party primaries shall be held for candidates seeking the following …Read More

Could the 2018 Appellate Judicial Primaries Be Canceled?

The Governor has vetoed** a bill that would eliminate the 2018 judicial primaries–including those for open seats on the Supreme Court and Court of Appeals.  It is not clear if the bill has sufficient support to overcome the veto. Senate bill 656, if it becomes law, would instead allow candidates to file their notices of candidacy between June 18 and June 29, 2018, and then be listed on the ballot …Read More

You’re Invited: Court of Appeals 50th Anniversary Celebration

The annual dinner of the North Carolina Supreme Court Historical Society will honor the 50th anniversary of the Court of Appeals, and you are invited.  Mark your calendar for October 11 at the Pavilion at the Angus Barn, with cocktails at 6:00 and dinner at 7:00. The annual dinner gives the bench and bar a chance to pause and honor the rich history of our appellate courts.  The event consistently …Read More

AOC Hosts Inaugural CLE Program for the Appellate Division

Yesterday, the NC Administrative Office of the Courts hosted its inaugural CLE program for the appellate division.  Under the leadership of Grant Buckner, the Director of the Office of Central Staff, and Bryan Boyd, the Clerk of the Supreme Court, a full-day CLE was offered, including remarks by Chief Justice Mark Martin and Chief Judge Linda McGee. The schedule included a presentation on the genius of the common law, by Professor John …Read More