Entries by Litigation

When Tiptoeing Around the Securities Exemption to North Carolina’s Unfair and Deceptive Trade Practices Act, Take Each Step Carefully

By Stephen Feldman North Carolina law prohibits unfair and deceptive trade practices, but not if those practices concern securities transactions. The state supreme court announced this exemption in 1985 in Skinner v. E.F. Hutton & Co. The court expanded on the exemption’s reach in a 1991 decision called HAJMM Co. v. House of Raeford Farms, […]

Upcoming Events

By Alan Parry Dear Members of the Litigation Section: Our year is off to a great start, with enjoyable networking events in August (Chapel Hill) and September (Raleigh) that gave Section members an opportunity to catch up and socialize with other litigators, judges, and court staff. We plan to sponsor similar events in communities around […]

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 In WBTV v. Ashe County (4 Dec 2018, Dietz, J., unpublished), the Court […]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 […]