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Abuse of Discretion Dissenting Opinions

Harris Beach PLLC

New York’s First Department Holds Trial Court Abused its Discretion in Limiting Scope of Independent Medical Examinations

Harris Beach PLLC on

Given the high “abuse of discretion” standard of review, any time a discovery ruling is altered or reversed by New York’s Appellate Division, the legal community must take note. Such a decision has the potential to affect...more

Fox Rothschild LLP

The Descent Of A Dissent

Fox Rothschild LLP on

An intriguing by-play between judges on the North Carolina Court of Appeals recently emerged into public view in the case of State v. Calvin Lee Miller. After shooting his wife, Miller was convicted of attempted...more

Fox Rothschild LLP

The Art Of Persuasion: The Supreme Court Disputes Where To Look

Fox Rothschild LLP on

If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court of Appeals opinions? Does the answer to...more

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