With federal and state elections less than forty-five days away, political signs are popping up in yards everywhere. Many community associations have restrictions in their declaration or covenants, conditions, & restrictions...more
On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more
A letter or three per year, alerting of a data breach at a company with which you’ve interacted, is now par for the course. Hackers, and the companies whose data they seek, are engaged in a near-daily volley of attacks and...more
North Carolina Governor Roy Cooper declared a State of Emergency on September 25, 2024, due to the impending impact of Tropical Storm Helene (Helene). On September 28, 2024, a Federal Major Disaster Declaration (FEMA-4827-DR)...more
The 16th Century gave plenty to the world – Leonardo da Vinci's "Mona Lisa," the Scientific Revolution, the Protestant Reformation, Michaelangelo's "David," and the Statute of Elizabeth. That last one may be a...more
Individual state legislatures and the District of Columbia have traditionally determined the licensure requirements for professionals to practice in their jurisdiction. As a result, there is an inherent lack of uniformity of...more
The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org. The filing site has long allowed attorneys and the...more
Agritourism is now a vital part of the agricultural economy in North Carolina. More and more farmers are turning to agritourism as a way to diversify and balance their revenue streams....more
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