Entries by Litigation

The Advocate’s Award Goes To Legal Aid Icon Ted Fillette

The Litigation Section has honored Ted Fillette as the 11th recipient of The Advocate’s Award. Presented as merited, the award recognizes “superstars” of the section and the legal profession. Rick Conner, section secretary, presented the award during a Litigation Section networking event in Charlotte on Wednesday, Feb. 13. Fillette retired last year following 45 years […]

Court of Appeals Again Dismisses Appeal for Procedural Error

By Tara Muller Civil litigators handling appeals: Beware. For the second time in less than a month, the North Carolina Court of Appeals dismissed an entire appeal due to an appellant’s failure to comply with the North Carolina Rules of Appellate Procedure. In WBTV v. Ashe County (4 Dec 2018, Dietz, J., unpublished), the Court […]

Fourth Circuit Finds Gag Order Fails First Amendment Scrutiny

By C. Amanda Martin Those who watch Fourth Circuit opinions already know this, but the court recently released an opinion ordering the Eastern District of North Carolina to vacate a gag order entered in ongoing litigation related to North Carolina hog farms. In addition to the importance of the core ruling – overturning the gag order […]

Navigating Trial Decisions Through an Appellate Framework

By Kip Nelson Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial lawyer and an appellate lawyer work collaboratively during trial to reach the best solution […]

A Family Practice. A Cunning Nurse. Does Section 75-1.1 Apply To Her Conduct?

By Stephen Feldman North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.” But “commerce” doesn’t include “professional services rendered by a member of a learned profession.” This quoted language comes straight from Section 75-1.1. One clear takeaway from this language is that a professional’s treatment of a patient or client doesn’t violate Section […]