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Appellate Law

North Carolina Appellate Blog

Highlights developments in the appellate courts that affect business interests in North Carolina.
By Sean E. Andrussier

Post Frequency: 5.9/day

Last Entry: March 19, 2016 at 15:47:00

It's Official: Wynn and Diaz Nominated to 4th Circuit

Posted on November 04, 2009
As we've noted before, Judge Wynn sits on the NC COA, Judge Diaz on the Mecklenburg Superior bench. More at the N&O here and at the Washington Post here.

NC COA Opinions Today

Posted on November 03, 2009
Good morning. Busy day at the Court of Appeals, which published 35 cases today, 21 of them civil. More on these later today.

COA Opinions Today

Posted on October 20, 2009
The COA published 14 cases, today, 10 civil. More on these soon.

2 NC Judges May Be Fourth Circuit-Bound

Posted on October 11, 2009
The Fourth Circuit may soon experience a growth spurt. The N&O speculates today that 2 NC judges, James Wynn of the NC Court of Appeals and Albert Diaz of Mecklenburg County's Superior Court, may be Richmond-bound.

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Secretary of Revenue Summons Enforcement Proceedings Not Subject To Civil Procedure Rules

Posted on October 11, 2009
On Friday, the NC Supreme Court in In re Summons of Ernst & Young held that summons enforcement proceedings brought by the Secretary of Revenue to get documents related to a tax investigation are not subject to the North Carolina Rules of Civil Procedure...

NC Supreme Court Opinions Today

Posted on October 09, 2009
Today NC Supreme Court filed 5 opinions, 2 civil, 3 criminal. More on these shortly.

COA: Failure to Properly Assist Poisoned Customer = Grounds for Punitive Damages

Posted on October 06, 2009
Today the COA held that a restaurant's policy of filling out an incident report before assisting a customer who drank poisoned water was willful and wanton conduct justifying an award of punitive damages. The case is Everhart v. O'Charley's. O'Charley's accidentally served Ms...

Today's COA Opinions

Posted on October 06, 2009
Good morning! The COA filed 20 published opinions this morning - six criminal, one juvenile, and the rest civil. We'll have more on these cases later today.

Major Changes to Appellate Rules This Week

Posted on September 28, 2009
On October 1, some major changes to the North Carolina Rules of Appellate Procedure go into effect. While the changes touch on various areas, including electronic transcripts, pro hac vice admissions and secured leave, perhaps the most notable change is the abolishment of assignments of error...

Blog Calendars Back This Week

Posted on September 21, 2009
Good morning. Our blog calendars are on their way back to the site. Look for them this week.

Judge Ann Marie Calabria Retiring from NC COA

Posted on September 17, 2009
The N&O reports that N.C. Court of Appeals Judge Ann Marie Calabria won't seek re-election when her term expires in 2010.

No Liability For Failing To Require / Install Seat Belts

Posted on September 15, 2009
In Biggers v Bald Head Island, the NC COA held today that the Village of Bald Head Island could not be held liable for failing to pass a law requiring that golf carts used in the village include seat belts. Likewise, the cart owner and rental agency could not be held liable for renting the cart without belts...

Barbara Milano Keenan's 4th Circuit Nomination Sent To Senate

Posted on September 15, 2009
The White House announced yesterday that the President has nominated Barbara Milano Keenan to the 4th Circuit and has sent the nomination to the Senate. Keenan currently serves as a Virginia Supreme Court Justice and has since 1991.

Hello + Today's COA Cases

Posted on September 15, 2009
Hi, folks, nice to be with you again. The COA filed 20 published opinions this morning--7 criminal, the rest civil. Look for more from us on these cases later today.

Belatedly Filed Record ? Dismissal, Executed Settlement Agreement = Enforceable

Posted on September 15, 2009
In Hardin v KCS Int?l, Inc., the NC COA ruled today that an appeal should not be dismissed just because the record was filed late. The Court then also held that a plaintiff who had entered into a settlement agreement couldn't pursue claims that he had released...

COA: Filed Rate Doctrine Bars UDTP Claims Related to Workers' Comp Rates Set by Rate Bureau

Posted on September 15, 2009
Today, in Stutts v. Travelers, the COA held that the "filed rate doctrine" applied and barred Plaintiff's claims of unfair and deceptive trade practices against his workers' comp insurer. Plaintiff applied for a workers' comp insurance policy through the NC assigned risk plan...

COA Majority: Assignment of Promissory Note Also Assigns Associated Guaranty

Posted on September 15, 2009
Today the COA majority held that a guaranty executed contemporaneously with a promissory note "follows" the Note where the Note is later assigned to a party but the guaranty is not. The case is Self-Help Ventures Fund v. Custom Services.Self-Help, a Certified Development Company, made a loan to Custom Services through the US Small Business Administration's 504 loan program...

Oral Arguments in Citizens United v. FEC

Posted on September 10, 2009
Yesterday, Citizens United v. FEC, a case challenging restrictions upon political spending by corporations, was reargued before the United States Supreme Court. A copy of the transcript can be found here and the audio can be found here. Observers of the Supreme Court believe that this case may result in sweeping changes to the law related to political advocacy by corporations.

Court of Appeals Discusses the Use of Pleadings and Discovery in Support of Summary Judgment

Posted on September 02, 2009
In Asheville Sports Properties v. The City of Asheville, the plaintiff brought suit to recover funds spent on repairing damage that occurred when two sink holes developed on its property. The plaintiff contended that the city was liable for the repair costs because the City had a duty to maintain and repair the pipes...

North Carolina Court of Appeals Decisions

Posted on September 02, 2009
Yesterday, the North Carolina Court of Appeals issued opinions in 27 matters. I hope to get notes up on some of the decisions shortly.I apologize for getting to these opinions a day late, but I was out of the office for the last few days on business.

Today's North Carolina Supreme Court Decisions

Posted on August 28, 2009
Today, the North Carolina Supreme Court released 12 opinions. At first glance, none of the opinions seem to touch on issues relevant to this blog, but if there are any decisions of interest, we will be sure to post an update.

NC Court of Appeals Reiterates Requirements for Orders Denying Motions to Compel Arbitration

Posted on August 20, 2009
On Tuesday, the North Carolina Court of Appeals issued two opinions dealing with the requirements for orders on motions seeking to compel arbitration. In Griessel v. Temas Eye Center and United States Trust Company v. Stanford Group Company, the Court of Appeals reversed and remanded orders denying motions to compel arbitration because the trial courts failed to include certain findings of fact in their orders...

Today's Court of Appeals Decisions

Posted on August 18, 2009
This morning the North Carolina Court of Appeals issued 29 opinions. We will try to get something up regarding any relevant cases later today.

Fourth Circuit Eliminates Balance of Harships Test for Preliminary Injunctions

Posted on August 05, 2009
Until today's decision in The Real Truth About Obama, Inc. v. Federal Election Commission, parties seeking a preliminary injunction in the Fourth Circuit had to satisfy the balance-of-hardship test set out in Blackwelder Furniture Company of Statesville v...

Today's Court of Appeals Decisions

Posted on August 04, 2009
The North Carolina Court of Appeals issued decisions in 25 cases this morning. Nine of the cases involve criminal law and three involve domestic issues. We will try to get something up on these cases later today.

Quick Notes on Today's NC Court of Appeals Decisions

Posted on August 04, 2009
Companies entering into contracts with governmental entities should double check to make sure that the contract contains all the statutorily required provisions or they may find themselves without a remedy for a breach of contract. In Crystal Transportation v...

Fourth Circuit Vacates Judgment in Favor of Defendants in PSLRA Case

Posted on August 03, 2009
On Friday, the Fourth Circuit Court of Appeals issued a lengthy opinion addressing whether a plaintiff adequately plead scienter under the Private Securities Litigation Reform Act's heightened pleading standard. The case is Matrix Capital Management Fund v...

Court of Appeals Affirms Denial of Attorneys? Fees in Key Education Case

Posted on July 21, 2009
This post is from our colleague, Bob Numbers, an expert in all things having to do with civil rights and state and local government:Today, the Court of Appeals affirmed the denial of a fee award to the Plaintiffs? counsel in the Leandro matter. The case is Hoke County Board of Education v...

Today's Court of Appeals Decisions

Posted on July 21, 2009
The Court issued decisions in 20 cases this morning. Of those, 9 are criminal cases and 4 are domestic.One civil case that may be of interest concerns the denial of a fee award in the Leandro case which established the contours of the right to a public education...

Court of Appeals Spells Out Claims Settlement Rules for Insurers and Unfair Trade Practices

Posted on July 08, 2009
In Martini v. Companion Property & Casualty Insurance Co., decided yesterday, the court of appeals considered the issue of when an insurer engages in unfair trade practices in connection with claims settlement.Section 58-63-10 of the General Statutes defines unfair practices by insurance companies but doesn?t, in itself, create a private right of action...

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