By The Numbers: Likelihood of Reversal in the Fourth Circuit and the North...
Jerry Hartzell recently published an article in the April 2014 issue of the North Carolina Advocates for Justice’s Trial Briefs. The article is entitled “Probability of Success on Appeal: Reversal...
View ArticleUncertifiable: Battle Over North Carolina’s Statute of Repose in CERCLA Cases...
It was a pleasant surprise this morning to discover that the Maryland State Bar Association’s Maryland Appellate Blog was discussing a point of North Carolina appellate practice and procedure. The...
View ArticleUncertifiable and Unrecoverable: Marines’ Claims Dismissed by 11th...
In June, we blogged on how a United States Supreme Court decision interpreting a North Carolina statute of repose had created some strange bedfellows in the General Assembly–which had almost...
View ArticleJudge Pamela Harris and the Fourth Circuit’s Collaborative Culture
Yesterday, the Maryland Appellate Blog featured remarks from the Fourth Circuit’s newest federal appellate judge, Pamela Harris, on the Fourth Circuit’s collaborative culture. The remarks from Judge...
View ArticleMerry Christmas To Appellate Practitioners from the Fourth Circuit Court of...
The Fourth Circuit Court of Appeals issued two opinions last week clarifying issues relating to notices of appeal. In Jackson v. Lightsey, the Fourth Circuit addressed 1) whether a notice of appeal...
View Article“Soft Precedent”: Unpublished Opinions in the Fourth Circuit Court of Appeals
A few weeks ago, one of my colleagues blogged on the topic of unpublished opinions in the North Carolina Court of Appeals. The Maryland Appellate Blog released an interesting post today about the same...
View ArticleAppellate Brief Brevity and Success On Appeal?
“Brevity is appreciated.” “A short brief can be very effective.” How many times have you heard appellate judges make statements like this about appellate briefs? While I can most certainly understand...
View ArticleAppealability, Again
One of the oft-recurring issues in appellate decisions is that of whether the ruling sought to be appealed is actually, at least at that time, appealable. This week, both the North Carolina Court of...
View ArticleFourth Circuit Pleads With North Carolina to Create Federal Certification...
We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state courts for guidance on issues of state law....
View ArticleResisting the Urge To Give The Trial Court One Last Chance: Dangers of Using...
Most attorneys have had a least one unfavorable final judgment entered before trial. The attorney may feel that the trial court completely misunderstood her argument. Perhaps the trial court entered a...
View ArticleFourth Circuit May Conduct Initial En Banc Review of Revised Federal Travel Ban
Since December 2016, we have been monitoring the status of the North Carolina Court of Appeals’ new en banc authority. Several motions for en banc review have been filed, but to our knowledge, the...
View ArticleUncertifiable: Battle Over North Carolina’s Statute of Repose in CERCLA Cases...
It was a pleasant surprise this morning to discover that the Maryland State Bar Association’s Maryland Appellate Blog was discussing a point of North Carolina appellate practice and procedure. The...
View ArticleUncertifiable and Unrecoverable: Marines’ Claims Dismissed by 11th...
In June, we blogged on how a United States Supreme Court decision interpreting a North Carolina statute of repose had created some strange bedfellows in the General Assembly–which had almost...
View ArticleJudge Pamela Harris and the Fourth Circuit’s Collaborative Culture
Yesterday, the Maryland Appellate Blog featured remarks from the Fourth Circuit’s newest federal appellate judge, Pamela Harris, on the Fourth Circuit’s collaborative culture. The remarks from Judge...
View ArticleMerry Christmas To Appellate Practitioners from the Fourth Circuit Court of...
The Fourth Circuit Court of Appeals issued two opinions last week clarifying issues relating to notices of appeal. In Jackson v. Lightsey, the Fourth Circuit addressed 1) whether a notice of appeal...
View Article“Soft Precedent”: Unpublished Opinions in the Fourth Circuit Court of Appeals
A few weeks ago, one of my colleagues blogged on the topic of unpublished opinions in the North Carolina Court of Appeals. The Maryland Appellate Blog released an interesting post today about the same...
View ArticleAppellate Brief Brevity and Success On Appeal?
“Brevity is appreciated.” “A short brief can be very effective.” How many times have you heard appellate judges make statements like this about appellate briefs? While I can most certainly understand...
View ArticleAppealability, Again
One of the oft-recurring issues in appellate decisions is that of whether the ruling sought to be appealed is actually, at least at that time, appealable. This week, both the North Carolina Court of...
View ArticleFourth Circuit Pleads With North Carolina to Create Federal Certification...
We have blogged several times on the fact that North Carolina is one of only two states that does not allow a federal court to certify questions to its state courts for guidance on issues of state law....
View ArticleResisting the Urge To Give The Trial Court One Last Chance: Dangers of Using...
Most attorneys have had a least one unfavorable final judgment entered before trial. The attorney may feel that the trial court completely misunderstood her argument. Perhaps the trial court entered a...
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