North Carolina Appellate Blog
The North Carolina Appellate Blog highlights developments in the Appellate Courts that affect business interests in North Carolina. Posts concentrate on civil decisions of the North Carolina Supreme Court and the North Carolina Court of Appeals, as well as civil decisions of the U.S. Court of Appeals for the Fourth Circuit that interpret of apply North Carolina Substantive Law. The contribuotrs to this blog are Womble Caryle’s Raleigh Appellate Group which includes Burley Mitchell, Sean Andrussier, Sarah Buthe, and Mark Sigmon.
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Featured Articles
COA Splits On Personal Jurisdiction
Today in Rossetto USA, Inc. v. Greensky Financial, LLC, the Court of Appeals (COA) held that personal jurisdiction was lacking over one Georgia-based defendant but not over another. Judge Arrowood authored the majority decision, joined by Judge McCullough. Judge Tyson dissented on both of the...
Recent Articles
COA Says Arbitration Clause Governing "Any Dispute" Includes Claim for Unfair and Deceptive Trade Practices
In Linsenmayer v. Omni Homes, an arbitration clause in a construction contract said that arbitration was the proper avenue should "any dispute arise relative to the performance of this contract that the parties cannot resolve[.]" The COA held that “any dispute” included plaintiffs' claim that def...
Appellate Rules Violations Fail Dogwood Test, Sanctions Imposed
In Weeks v. Select Homes, Inc., the COA held that the plaintiffs' Appellate Rules violations rose to the level of a “substantial failure or gross violation” under the standard established in Dogwood Dev. & Mgmt. Co. v. White Oak Transp. Co. (NC 2008). The Plaintiff’s rules violations included numer...
COA Says Rule 59 Motions for a New Trial May Be Filed Before Entry of Judgment
Yesterday the COA addressed an issue of first impression for North Carolina courts – whether a trial court can hear a Rule 59 motion for new trial filed before the entry of judgment. The case is Xiong v. Marks. Rule 59 says that a motion for a new trial shall be served no later than 10 days after ...
Today's COA Opinions
Today the NC Court of Appeals released 15 published opinions. Six of them are in criminal cases, and two are in domestic cases. More on these cases later.
NC Supreme Court Hears Medical Ass'n-Death Penalty Case
Today the NC Supreme Court heard oral argument in N.C. Dep't of Correction v. N.C. Medical Board. The case concerns the Medical Board's recently adopted policy against physician participation in executions, which conflicts with state law requiring that a physician be "present" at an execution. ...
Fourth Circuit To Become More Liberal?
Here's an interesting article on how the Fourth Circuit might change under the new President.
Appellate Rule Violations Clear Dogwood Hurdle
Today the COA addressed on remand a case in which it had dismissed an appeal for appellate rule violations. The case is Selwyn Village Homeowners Ass'n v. Cine & Co. When the case was last before the COA, the Court dismissed the appeal because of noncompliance with formatting requirements,...
COA Allows Battery Suit Againt Clay Aiken
Today the COA dealt with a lawsuit against Clay Aiken by an author who wrote a book about him. The case is Holleman v. Aiken. She sued him because he refused to endorse her book. The COA affirmed the tossing of that claim. But she also sued him for battery based on an incident with his...
COA Says Spoliation Isn't A Basis For Sanctions
Today in a case from the Industrial Commission the COA held that while spoliation of evidence can have evidentiary consequences (it can give rise to an adverse inference instruction), it is not itself a basis for sanctions in the absence of other independent statutory or rule violations authorizing...