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Notice of Appeal Business Court

Fox Rothschild LLP

Business Court: Subsequently Filed Notice Of Appeal Deprives Trial Court Of Jurisdiction To Rule On Pending Rule 60(b)(6) Motion

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In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a pending Civil Rule 60(b)(6) motion...more

Fox Rothschild LLP

For Timely Appeals From The Business Court, Keep The Calendar – And Geography – Close In Mind

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In ALC Manufacturing, Inc., v. J. Streicher & Co., 2020 NCBC 55, the Business Court dispatched a case that started off with bad timing, and ended that way too. Plaintiff claimed defendant BBP Bandenia, PLC breached a...more

Brooks Pierce

It Can Happen To Anyone: Mistakes In Appeals

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The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a...more

Moore & Van Allen PLLC

North Carolina Court Rules Class Action Settlements Can Award Attorneys’ Fees, but Note of Caution to Local Counsel

Moore & Van Allen PLLC on

The North Carolina Court of Appeals considered for the first time whether it is legal in a class action settlement agreement for one party to agree to pay the other’s attorneys’ fees and expenses. The court concluded that it...more

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