North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more
This week, the General Assembly briefly reconvened for one of the Special Sessions authorized by the July adjournment resolution. Although legislative activity and bill movement were both limited during this narrow window,...more
Legislators returned to Raleigh this week and passed a bill that among other things, adjusts the budget law enacted in October 2023. They also voted to override four vetoes by Gov. Roy Cooper. Budget Adjustment Bill - ...more
It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more
When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front door wide open all night and even the sweetest southern grandma...more
The 2024-2025 academic school year is ushering in a wave of new, mandatory policies to be adopted by public schools across North Carolina. Statutory and regulatory changes at the state and federal levels have imposed...more
Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse. Back in January, in North Carolina ex rel. Stein v. EIDP, Inc., the State raised a discovery dispute regarding...more
A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of...more
On July 26, Centers for Medicare & Medicaid Services (CMS) approved North Carolina’s plan to condition enhanced Medicaid payments on hospitals’ participation in a statewide medical debt relief policy initiative. Hospitals...more
Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the day after the trial ended and the defendant was sentenced. There...more
Long-time readers of this blog may remember the fun I’ve had finding photos reflecting the ups and downs of en banc rehearing in the Court of Appeals. The General Assembly first authorized en banc review in 2016, with the...more
Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more
In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more
As a matter of business hygiene, North Carolina’s records inspection statute is a bit of an information ATM. But the Business Court recently cautioned that a requester still has to press the right buttons. In Extra Care, LLC...more
On July 1, North Carolina announced a new plan to relieve past medical debt for low- and middle-income consumers and mitigate the impact of medical debt going forward. Under the proposal, hospitals that choose to implement...more
North Carolina Is a Top State for Business - The new economic development projects North Carolina has welcomed in recent months show that our state is a premier destination where innovative companies are investing capital...more
North Carolina recently enacted House Bill 237, which now permits federal PACs and political organizations (527s) to contribute to North Carolina candidates and political committees without registering or reporting as a state...more
The lazy, hazy days of summer are definitely not lazy or hazy when it comes to health planning in North Carolina. At this point in the year, the draft State Medical Facilities Plan (SMFP) has been published, and the summer...more
Grandparents may seek custody of, or visitation with, a minor child. However, custody and visitation, although often used interchangeably, are not synonyms under North Carolina law. The distinction is important, especially as...more
It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at the board from a disgruntled community member, assertions from...more
In 2007, the North Carolina General Assembly established the Renewable Energy Efficiency Portfolio Standards ("Standards"), which required that all investor-owned utilities in the state obtain 12.5% of their energy needs from...more
After a busy week, legislators left Raleigh on Thursday for the foreseeable future. Although they did not pass a new 2024 budget bill, they did appropriate funds for certain purposes and are authorized to return later this...more
On June 27, 2024, the North Carolina Business Court announced several changes to the Court’s composition. Chief Business Court Judge Louis A. Bledsoe, III announced his retirement effective January 1, 2025. Judge Bledsoe has...more
In most cases, a party to a lawsuit unhappy with a ruling cannot appeal that decision until the lawsuit is completely done. The general rule is that only “final orders” can be appealed – meaning there is nothing the trial...more
On June 20, 2024, H.B. 563 passed second reading in the North Carolina Senate by a vote of 33-9. Two additional amendments were considered and adopted prior to the floor vote. One adopted amendment, proposed by Senator...more