Editor’s note: This is an updated version of the article that first appeared in the June 2016 edition of “The Litigator,” the NCBA Litigation Section newsletter. The article was updated Aug. 3, 2016.
When first established in 1995, the Business Court was touted as a way to make North Carolina’s “court system as responsive and predictable as the Delaware Chancery Court in dealing with complex corporate issues.” The Business Court has largely delivered on its promise of ease of use and predictability based, in part, on assignment of cases to a single (and highly qualified) Business Court judge and an e-filing system that practitioners could utilize from any jungle paradise (with wi-fi access). Practitioners must take heed, however. At the end of each Business Court case lurks a menacing tiger: North Carolina appellate practice and procedure!
Over the past two years, at least seven different appellate traps have emerged for North Carolina Business Court cases, many of which have resulted in dismissal of appeals. Those traps have been discussed extensively on our North Carolina Appellate Practice Blog (www.ncapb.com). This article summarizes several potential snares, with links to the detailed blog posts for those who seek more information about taming the beast.