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Proposed Change to Federal Appellate Rules Would Provide Reply-Brief Relief

I ‘m old enough to remember the good ol’ days, specifically, 2016, when we had 17 days to file a reply brief in a federal appeal.  Sometimes, you would even get lucky and have the 17th day fall on a weekend, giving you as many as 18 or even 19 days to file that scathing reply.

But then, in honor of a long tradition of counting by sevens that traces its roots through American football to the

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Trump Nominates Two New Fourth Circuit Judges

The President issued a thirteenth wave of federal judicial nominations on Thursday, including two new Fourth Circuit nominations:  Marvin Quattlebaum and Jay Richardson, both from South Carolina.

The White House Press Release had this to say about Judge Quattlebaum, who joined the federal district court bench only a few weeks ago:
If confirmed, A. Marvin Quattlebaum, Jr., of South Carolina will serve as a Circuit Judge on the U.S. Court of Appeals for

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Failure To Include “Magic Words” In Rule 54(b) Certified Order Not Necessarily Fatal

Under Civil Procedure Rule 54(b), a trial court “may enter a final judgment as to [fewer] than all the claims [ ] only if there is no just reason for delay and it is so determined in the judgment.” N.C. R. Civ. P. 54(b) (emphasis added).

Some opinions suggest that failing to include the “magic words” that there is “no just reason for delay” in the Rule 54(b) certification

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A Smorgasbord of Opinions from the Court of Appeals

A number of intriguing opinions were issued by the Court of Appeals in its Tuesday, April 17, release. Rather than pouncing on one, I thought I would take a quick dip into a few.

Barron v. Rafidi, an unpublished opinion with a pro se appellant, reinforces the importance of the Rules of Appellate Procedure.  The case arose as a dispute over real property.  The trial court granted summary judgment

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What Does the Supreme Court of North Carolina Consider To Be a “Substantial Right”?

Those familiar with North Carolina appellate jurisprudence are well aware that what constitutes “a substantial right” for the purposes of conferring jurisdiction over an interlocutory order is an issue that is routinely addressed, oftentimes at length, in North Carolina appellate opinions.   So it was interesting to see the Supreme Court of North Carolina’s opinion in Krawiec v. Manly (released last Friday) in which the Court invoked substantial right jurisdiction

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Road Trip! Road Trip!

In recognition of the Supreme Court of North Carolina’s 200th birthday, Chief Justice Martin recently announced that the Court is going to put on a road show.  North Carolinians living outside Raleigh soon will be able to watch the high court in action without having to travel far.

For as long as anyone now living can remember, the Supreme Court routinely has sat in Raleigh, but it was not

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