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NC Supreme Court

Fox Rothschild LLP

Does a Dissenting Opinion Control the Supreme Court?

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A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed an automatic right of appeal to the Supreme Court of...more

Ward and Smith, P.A.

Recent Case Law Does Not Doom All Rental Restriction Amendments

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The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association....more

Orrick, Herrington & Sutcliffe LLP

North Carolina Supreme Court upholds credit union’s right to enforce unilaterally inserted arbitration clause

On May 23, the North Carolina Supreme Court ruled that a defendant credit union can enforce an arbitration clause added to a customer’s contract years after its inception. The case centered on a “Notice of Amendments”...more

Parker Poe Adams & Bernstein LLP

NC Supreme Court: Credit Union Can Unilaterally Add Arbitration Provision and Class Action Waiver to Agreements

The North Carolina Supreme Court on Thursday, May 23 held that a credit union’s unilateral update to add an arbitration provision and class action waiver to its contract with one of its customers was valid under North...more

Fox Rothschild LLP

Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era Healthcare

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The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute. In May 2020, the pandemic was raging. Our General...more

Goldberg Segalla

NC Supreme Court Clarifies Requirements for Accessing Causality of Medical Treatment in Workers’ Compensation Cases

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It is well established that under the North Carolina workers’ compensation law, the question of whether a specific medical treatment is compensable or not hinges largely on the causal relationship between the treatment sought...more

Cranfill Sumner LLP

North Carolina Supreme Court Rules Stacking of UIM Coverage Is Not Permitted When Determining Whether a Vehicle is Underinsured

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In N.C. Farm Bureau Mut. Ins. Co. v. Herbert, the North Carolina Supreme Court held that UIM policies cannot be stacked when determining whether a tortfeasor’s vehicle is underinsured. The decision upends almost 30 years of...more

Parker Poe Adams & Bernstein LLP

NC Supreme Court Sets Direct Connection Test for Workplace Injuries

In most situations, medical treatment for workplace injuries is fairly straightforward. Workers' compensation statutes require coverage for procedures necessary to treat and correct injuries or illnesses that occurred at the...more

Fox Rothschild LLP

Some Calendar Notices from North Carolina’s Appellate Courts Are Not Getting Through

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Trigger warning: this post may cause appellate lawyers to have nightmares. There has been a spate of technical glitches lately that caused critical notices from the North Carolina Court of Appeals to end up in “quarantine”...more

Fox Rothschild LLP

NC Supreme Court Fills Its 2023-24 Calendar

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If you have a case pending before the North Carolina Supreme Court and haven’t yet received an oral argument notice, your case likely won’t be argued until the fall. The North Carolina Supreme Court does not have an...more

Fox Rothschild LLP

No, Your Case Isn’t Special–There’s a New Fourth Circuit Form.

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If you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you are aware of any cases currently pending in...more

Fox Rothschild LLP

A Majority Court and a Dissenting Justice: A Glimpse into the Future?

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The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court,...more

Fox Rothschild LLP

NC Expands Role of Amici in Appeals

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Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P....more

Fox Rothschild LLP

North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within

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If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value Health Solutions, Inc. v. Pharmaceutical Research...more

Cranfill Sumner LLP

Beyond the 500-Week Limit: Understanding Extended Compensation under the North Carolina Workers’ Compensation Act

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Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!...more

Smith Anderson

In a Win for Business, North Carolina Supreme Court Raises the Bar for Negligent Misrepresentation Claims

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Plaintiffs frequently tack on negligent misrepresentation claims to ordinary business disputes. A negligent misrepresentation claim alleges that one party carelessly supplied incorrect or incomplete information on which the...more

Fox Rothschild LLP

Judge Riggs Appointed on Monday; Issues COA Opinions on Tuesday; On Supreme Court Bench Wednesday

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On Monday, Governor Cooper elevated Judge Allison Riggs from the Court of Appeals to the Supreme Court. On Tuesday, Judge Riggs and her appellate colleagues issued 24 opinions outside of the normal schedule. And now we hear...more

Fox Rothschild LLP

Supreme Court Offers Appellate Advice for Unrepresented Litigants

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The Supreme Court of North Carolina gets a lot of questions and filings from unrepresented litigants. Often, those folks are in the wrong court (they should be in the Court of Appeals). Other times, they’re in the right...more

Fox Rothschild LLP

Recusal at Issue

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In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the gruesome and protracted abuse of a child that...more

Fox Rothschild LLP

When an appeal becomes moot, should the lower court opinion be vacated?

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In a short order issued last week, the North Carolina Supreme Court narrowly voted to vacate a Court of Appeals’ opinion in connection with dismissing an appeal on mootness grounds. Well, I said that the order was short, but...more

Fox Rothschild LLP

Justice Morgan to Resign

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Today, Justice Michael Morgan announced that he will be stepping down from his seat on the Supreme Court of North Carolina, effective the week of September 4. This announcement comes following Justice Morgan’s recent...more

Fox Rothschild LLP

Judge David Sentelle Retires

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I’m afraid it’s time to add another to my recent string of blog posts honoring remarkable judges and justices who have left the bench. United States Circuit Judge for the District of Columbia Circuit David Sentelle has...more

Fox Rothschild LLP

DO MONUMENTS HAVE STANDING?

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Over the last few years, Confederate monuments in many North Carolina towns and cities have been objects of controversy. As one who parked for eighteen years in the shadow of the towering and now-departed Confederate...more

Snell & Wilmer

SCOTUS Rejects the Independent State Legislature Theory

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In what some deem the “800-pound gorilla” of election law, the U.S. Supreme Court, on June 27, 2023, rejected the so-called independent state legislature theory in Moore v. Harper. By a vote of 6-3, the Supreme Court held...more

Cranfill Sumner LLP

Ensuring Your Student Dress Code Does Not Skirt Equal Protection Laws and Title IX

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The Supreme Court denied a North Carolina charter school’s petition for review of the Fourth Circuit Court of Appeals’ ruling that the school’s dress code requirements violated students’ civil rights, the Equal Protection...more

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