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Another Published Rehearing Denial

If you’ve regularly read my blog posts here over the past few years (in other words, if you are my mom), you will know that I find Fourth Circuit published denials of petitions for rehearing to be of particular interest. ...more

How Important Is Oral Argument In The Fourth Circuit?

The COVID-19 pandemic has forced many changes in the legal profession over the last 10 months. Those receiving the most focus have been, for obvious reasons, things like remote proceedings such as telephonic hearings and...more

Denial Of Emergency Motion Spawns Four Opinions From The Fourth Circuit

If you follow the Fourth Circuit, you know that there has been a noticeable increase in the number of en banc cases that the Court has taken, and in those cases there has been some sharp disagreement between the Judges...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

The Not So Curious Case Of The Published Denial Of Rehearing

A few years ago I wrote about The Curious Cases(s) of the Published Denial of Rehearing. In that post, which focused on two published denials of rehearing from the Fourth Circuit in the span of a week, from the I noted a...more

Institutional Disharmony In The Fourth Circuit? Or Merely Patriotic Dissent?

Is there institutional disharmony in the Fourth Circuit? That’s the question that one judge suggested, in a concurring opinion, that lawyers and judges might be asking after an en banc opinion released on Tuesday. In...more

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