I have written a few times about published denials of petitions for rehearing en banc in the Fourth Circuit. See here and here. If you are interested in further fascinating discussion on this topic, Megan Coleman has an excellent post on the Maryland Appellate Blog about the recent published denial of rehearing en banc
A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc. Turns out that the en banc party invitations were for naught.
In a special order entered this morning, the Court of Appeals notified the parties that “after further consideration by the Court
Last March, Pat blogged on a case pending before the Supreme Court of North Carolina in which invocation of the Rule of Necessity was a distinct possibility. Pat’s post has proved prescient as the Court on Wednesday, August 18, 2021, issued an Order invoking that Rule. The Court will now address the case. Watch this
Are you ready for a change of pace from private practice? The Office of Appellate Division Staff, which is located in the North Carolina Court of Appeals building, has a rare opening for a mid-level staff attorney position. Qualified external candidates would ideally have at least four years of legal experience, preferably including appellate practice
The Fourth Circuit had intended to resume in person oral arguments at the Lewis F. Powell Jr. Courthouse in Richmond, VA for its September argument calendar. That return was short-lived, as this morning the Court issued a notice that it was suspending the scheduled in person oral arguments and holding September arguments remotely over Zoom.
Less than a month ago, I excitedly reported about a courtroom reunion for appellate advocates and the Supreme Court justices.
Jinx!
With the recent surge in Delta variant Covid-19 infections, the North Carolina Supreme Court has postponed in-person oral arguments and reinstated remote oral arguments for the month of August–and possibly more.
Cannot say that
Friday afternoon, my email and text message notification systems were singing. Why? For the first time since December 2016 when the Court of Appeals received en banc review authority, an order allowing en banc rehearing was issued. See Order allowing rehearing en banc.
What issue precipitated this magical unicorn? I am not 100
The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates. In Wynn v. Frederick and Great American Insurance Company, the Court addressed issues relating to both sovereign immunity and judicial immunity.
The facts are not complicated. The plaintiff rented a home to his sister and her son.
The return to normalcy continues. Back in March 2021, the North Carolina Court of Appeals issued guidelines for when in-person oral arguments could be scheduled. Then, earlier this month, our Supreme Court returned to in-person oral arguments.
Now, the Court of Appeals is letting its old guidelines expire as pre-pandemic procedures return. Yesterday, the
After more than a year of remote oral arguments, the Supreme Court of North Carolina is ready for some face-to-face time. Barring a COVID-19 resurgence, both the Justices and advocates will be back in the Justice Building during the week of August 30, 2021 for oral arguments.
In a change from pre-pandemic practice, specific argument