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Tag Archives: Petitions for Discretionary Review

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

Supreme Court Reverses Court of Appeals Application of Appellate Rule 2

Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post), but Justice Newby authored a concurring opinion inspired by “It’s a Wonderful Life.”  (“Was Old Man Potter simply morally corrupt or was he also guilty of a crime?”). For North Carolina’s appellate defenders, however, Friday was not a wonderful day. Out of 11 …Read More

Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court

On Wednesday, the General Assembly overrode the Governor’s veto of House Bill 239.  Against opposition from the bench and the bar, the legislature pushed the court-shrinking bill through on a mostly party–line vote.  The override votes came on the heels of a remarkable move by retiring Judge Douglas McCullough–a registered Republican–who reportedly retired a month early to avoid having his seat eliminated by the bill. Moving beyond the political turmoil …Read More

A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.

Over the past few months, we have shared several  potential problems created by the Business Court Modernization Act.  Nonetheless, we held a few potential traps close to our vest because, frankly, we were unsure if any of the unique circumstances necessary to trigger the traps would arise.  Recently, we changed our mind on the improbability of those scenarios based on an October 8 order from the North Carolina Business Court.  The …Read More

Amicus Input at the Petition Stage: Does the Supreme Court Want It?

There is an unwritten rule regarding the Supreme Court of North Carolina’s willingness to consider amicus input:  Amicus briefs are welcomed during briefing on the merits, but the Court does not want to read amicus briefs supporting or opposing the granting of discretionary review.  Does the same rule apply to amicus motions at the petition stage? In at least two recent cases, the Supreme Court has granted a motion for leave to …Read More

Interesting Times Ahead: NC Supreme Court Hears Oral Argument In First of Five Cases “Grabbed” from Court of Appeals.

On Monday, the North Carolina Supreme Court heard oral argument in Cubbage v. The Board of Trustees of the Endowment Fund of NC State University (a.k.a., the “Hofmann Forest appeal”)  The appeal involves environmental groups’ efforts to stop N.C. State’s sale of Hofmann Forest.  As we previously reported here, the Hofmann Forest appeal is one of five cases that the North Carolina Supreme Court sua sponte “grabbed” on 10 October for consideration before the Court …Read More

Let’s Be Civil: The Supreme Court of North Carolina Issues Two Important Civil Opinions and Grants Discretionary Review in Four More

In a big day for civil litigation, the Supreme Court of North Carolina on Wednesday issued a watershed opinion limiting the scope of actions under Chapter 75 (the Unfair and Deceptive Practices Act) and a significant decision favoring arbitration agreements.  Most surprising, however, was the Court’s granting of discretionary review in four civil cases of substantial importance to business and other civil interests.  Remember, review has historically been granted in …Read More

“Not a Model of Clarity”: When a Pending Motion for Attorneys’ Fees Prevents an Immediate Appeal

The case is over, and you’ve won. Feeling bullish, you move for attorneys’ fees. Before the trial court reaches the fees issue, however, your opponent files a Notice of Appeal from the order deciding the merits. Is that an appropriate appeal? The North Carolina Court of Appeals gave us some helpful guidance today on when interlocutory appeals on the merits of a case are proper when there is a motion …Read More

Supreme Court Grants Petition for Discretionary Review in Chapter 75 “Unfair or Deceptive Practice” Case

About eight times per year, on a Friday morning, the Supreme Court of North Carolina releases a batch of about a half dozen to a dozen opinions.  There’s usually something newsworthy among those opinions to generate a bit of legal or political buzz for the weekend news cycle. What often goes overlooked, however, is that the Supreme Court releases a large number of “non-opinion” decisions at the same time on …Read More

Article Asks: “Is the North Carolina Supreme Court Busy Enough?”

Do you have a large “to read” pile on your desk containing magazines, journals, and newspapers?  You may also have an online “to read” pile.  Do these piles mentally torture you every day you walk into your office?  Well, I have “the pile of all piles,”and the only reason that I can come up with for not burning it is that I sometimes find interesting appellate articles that I want to share with our readers.  For …Read More