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Blog Archives

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 and deceptive …Read More

Podcast with Chief Justice Beasley

Chief Justice Cheri Beasley recently sat down with Tim Boyum of Spectrum News for his podcast Tying It Together. It was a great interview, and we recommend that you check it out. In the process, you’ll hear about the Chief Justice’s childhood and early jobs, as well as her formative years as a public defender. It’s good stuff, and it’s always helpful for practitioners to get a better perspective on our …Read More

Petition Updates: Bluegrass Edition

On Friday, while you were you tapping your toes to bluegrass on Fayetteville Street, the Supreme Court was filing its latest opinions, with a focus on disputes over child custody and child abuse and neglect proceedings. Those are fine and well, but we like to make sure the Court’s other orders, especially on pending petitions, also get some attention. The Court allowed just two petitions for discretionary review on Friday, but …Read More

Petitions to Watch: Labor Day Edition

In addition to our petition tracker for PDRs already granted by the Supreme Court, we also keep an eye on interesting petitions pending before the Court. Below are recently filed petitions that, among other things, ask the Supreme Court to consider dumping the State’s contributory negligence doctrine and to stop the State from informing the public about an upcoming voter identification requirement. If there are other interesting petitions that have …Read More

Petition Tracker Revamped

We hope you’ve been enjoying the Petition Tracker we launched last month. We’re letting you know that we’ve revamped the format to make it both easier to read and sortable. One of the new columns we added shows the types of issues involved, in case you’re interested in a particular topic. For frequent visitors, you’ll notice that the tracker is now in reverse chronological order, so the freshest petitions are …Read More

Sykes! Big News for Healthcare, Not So Much for Antitrust

Last Friday, the North Carolina Supreme Court issued its first-ever opinion discussing the learned-profession exemption under section 75-1.1.  This is big news, especially for healthcare lawyers and providers. Most lawyers in North Carolina are familiar with section 75-1.1 of the General Statutes, which offers a broad prohibition on unfair and deceptive practices in or affecting commerce. Most lawyers also know that the law has an exemption for members of a …Read More

New Blog Feature: Petition Tracker

Today we’re introducing a new feature for the blog: the petition tracker. You can check out the petition tracker page here, or by clicking on “Petitions Allowed” in the banner at the top of any page on the blog. Although our state constitution says that the “courts shall be open,” open hasn’t always meant “clear.” Before we created this feature, we realized that it wasn’t easy to track the cases pending …Read More

Petition Allowed: The Beasley Court Adds Its First Discretionary Cases

The Supreme Court released a batch of orders today, denying review in many cases (as usual) but also granting review in six cases. These six grants—the first from the new Beasley Court—cover issues ranging from federal immigration enforcement by local law enforcement agencies to defamation and Batson challenges. First up are the habeas petitions of two immigrants detained by the sheriff of Mecklenburg County. In Chavez v. Carmichael, the petitioners …Read More

After Further Review, the Ruling on the Field Stands

Last month, Beth blogged about an opinion from the Court of Appeals dismissing an appeal for eight appellate rules violations. This month, the Court withdrew its opinion, issued a new opinion finding seven-ish appellate rules violations, and dismissed the appeal again. The returning case is Ramsey v. Ramsey, a family law case involving a contempt order. Beth had noted that certain of the eight errors identified by Judge Zachary—including compliance with …Read More