Latest Posts › Appellate Courts

Share:

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

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

Fourth Circuit Holds Actual Notice Required For FRAP 4(a)(6)

Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen for 14 days a party’s time to...more

New Fourth Circuit Chief Judge Hails from North Carolina

Judge Roger Gregory has completed his seven-year term as Chief Judge for the Fourth Circuit. Taking over as Chief is Judge Albert Diaz, who was on the North Carolina Business Court bench prior to being nominated and...more

Blog Post of Significance – NCBC Goes Live with Notification System for Opinions and Orders of Significance

The North Carolina Business Court has implemented a new subscriber-based email alert system to keep readers up to date on the Court’s recent decisions. The alert will hit subscribers’ inboxes every other Wednesday and contain...more

Fourth Circuit Happenings – Back to Richmond and a New Member of the Court

Two significant announcements came out of the Fourth Circuit this week. The first was that the Court announced that in-person oral arguments will resume for the Court’s December argument calendar (December 7-10). This, of...more

An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable

In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an opinion issued this week,...more

Fourth Circuit Case Has Post-Argument Judge Substitution

A Fourth Circuit published opinion from earlier this week revealed an interesting panel composition issue, as the panel that heard the oral argument in the appeal was slightly different from the panel that ultimately issued...more

More On Published Opinions After Submission On Briefs

Last week I blogged about the Fourth Circuit’s recent published opinions that, due to the pandemic-prompted suspension of Local Rule 36(a), did not have the usual oral argument. The research for that post revealed that...more

When It Comes To Appeals As Of Right To The Supreme Court Of North Carolina, Not All Dissents Are The Same

North Carolina General Statute § 7A-30(2) allows for an appeal as of right to the Supreme Court of North Carolina from “any decision of the Court of Appeals rendered in a case…in which there is a dissent.” Seems pretty...more

Fourth Circuit Allows Creation Of Appellate Jurisdiction Through Voluntary Dismissal

Can a party “manufacture” appellate jurisdiction for an otherwise interlocutory appeal through the voluntary dismissal of remaining claims? That question was generally answered in the negative by the Supreme Court in 2017 in...more

Fourth Circuit Issues Public Advisory For Operating Procedures In Response To COVID-19

The Fourth Circuit this morning joined a growing list of courts that have issued public advisories and instructions regarding operations during this unprecedented time. This includes the closing of the Powell Courthouse in...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide