There is no such thing as a sure thing. And in three unpublished opinions, the North Court of Appeals reminded lawyers that a notice of appeal does not guarantee appellate jurisdiction....more
An order that denies a motion to compel arbitration, although interlocutory, can be appealed right away. Such rulings involve a substantial right that might be lost if appeal is delayed. But in JRM, Inc. v. HJM Cos., Inc.,...more
State and local governments around the country, including in North Carolina, directed bars, restaurants, and other businesses to suspend or limit operations in response to the COVID-19 pandemic. These orders, in turn, spawned...more
The North Carolina Court of Appeals Disagrees on the Standard of Review of the Industrial Commission’s Jurisdiction -
North Carolina appellate courts do not judge the credibility of witnesses or weigh evidence. That is,...more
North Carolina adheres to the common law doctrine of contributory negligence. The rule, which has been jettisoned by 46 states in favor of some form of comparative fault, bars recovery by a negligent plaintiff, even if a...more
Nothing derails a good appeal faster than a jurisdictional problem. And although the rules of procedure can be confusing, they cannot be ignored.
In Doe v. City of Charlotte, NO COA19-497, filed on August 18, 2020, the...more