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.
https://www.ncbarblog.com/wp-content/uploads/2016/08/Its-a-jungle-out-there.jpg10002817NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-08-09 14:38:002016-08-09 14:38:00Planning To Pursue An Appeal From A Business Court Decision? It’s A Jungle Out There!
I am often called upon to answer questions related to pending appeals because I recently completed a clerkship at the Court of Appeals of North Carolina. When asked how long it will take the Court of Appeals to issue an opinion, I always say it is impossible to know with certainty, but the court has an internal policy of trying to issue opinions within 90 days of the date the appeal is scheduled for argument. After being involved in an appeal as an advocate, I decided to determine how long it takes the court to issue opinions.
First, I calculated the number of days it took the Court of Appeals to issue opinions in 2015 by counting the days from the date the appeal was scheduled for argument (regardless of whether oral argument was granted) until the date the opinion was issued. Not all appeals have an argument date. For example, some opinions are issued after the Supreme Court of North Carolina remands the case or after the Court of Appeals grants a party’s petition for rehearing. If the appeal was not argued, I treated the date that the appeal was remanded or the date the petition for rehearing was granted as the argument date.
Based on this methodology, I determined that the court issued opinions an average of 77 days after argument in 2015. The median was 62 days.
https://www.ncbarblog.com/wp-content/uploads/2016/08/Aug-3-Waiting-Cover-Art-4.jpg15002817NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-08-03 15:15:002016-08-03 15:15:00Waiting Game: How Long Does It Take the N.C. Court Of Appeals To Issue Opinions?
Editor’s note: This article appeared originally in The Advocate, the newsletter of the NCBA’s Young Lawyers Division.
When The Advocate asked me to write an article about helpful tips for having an effective mediation, I took some time to reflect on how my personal preparation and tactics for mediation have changed over the last 20-some years. Civil litigation/mediation slowly but surely morphed from a passive “Well, let’s show up and see if we can settle at mediation” attitude, to an active “What do we need to do prior to mediation to secure a favorable settlement?”
Fundamentally, your client cares little about litigation drama. Your client cares about getting a good result that is cost effective and timely. Mediation can deliver all of that in spades. But, like almost anything in life, getting there takes some work and prior planning. Several hours of careful thought, strategy and planning about 60 days prior to a mediation will greatly increase the chances of having a successful mediation.
https://www.ncbarblog.com/wp-content/uploads/2016/02/head-header.jpg5001140NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-07-28 14:51:002016-07-28 14:51:00Prepping For Mediation: Practice Tips for Young Litigators
Planning To Pursue An Appeal From A Business Court Decision? It’s A Jungle Out There!
Featured PostsEditor’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.
By Beth Scherer and Matt Leerberg
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.
Read more
Waiting Game: How Long Does It Take the N.C. Court Of Appeals To Issue Opinions?
Featured PostsI am often called upon to answer questions related to pending appeals because I recently completed a clerkship at the Court of Appeals of North Carolina. When asked how long it will take the Court of Appeals to issue an opinion, I always say it is impossible to know with certainty, but the court has an internal policy of trying to issue opinions within 90 days of the date the appeal is scheduled for argument. After being involved in an appeal as an advocate, I decided to determine how long it takes the court to issue opinions.
First, I calculated the number of days it took the Court of Appeals to issue opinions in 2015 by counting the days from the date the appeal was scheduled for argument (regardless of whether oral argument was granted) until the date the opinion was issued. Not all appeals have an argument date. For example, some opinions are issued after the Supreme Court of North Carolina remands the case or after the Court of Appeals grants a party’s petition for rehearing. If the appeal was not argued, I treated the date that the appeal was remanded or the date the petition for rehearing was granted as the argument date.
Based on this methodology, I determined that the court issued opinions an average of 77 days after argument in 2015. The median was 62 days.
Read more
Prepping For Mediation: Practice Tips for Young Litigators
Featured PostsEditor’s note: This article appeared originally in The Advocate, the newsletter of the NCBA’s Young Lawyers Division.
When The Advocate asked me to write an article about helpful tips for having an effective mediation, I took some time to reflect on how my personal preparation and tactics for mediation have changed over the last 20-some years. Civil litigation/mediation slowly but surely morphed from a passive “Well, let’s show up and see if we can settle at mediation” attitude, to an active “What do we need to do prior to mediation to secure a favorable settlement?”
Fundamentally, your client cares little about litigation drama. Your client cares about getting a good result that is cost effective and timely. Mediation can deliver all of that in spades. But, like almost anything in life, getting there takes some work and prior planning. Several hours of careful thought, strategy and planning about 60 days prior to a mediation will greatly increase the chances of having a successful mediation.
Read more