The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument. Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally adopted on March 23, 2020, to allow for published opinions without argument in “cases assigned for pre-argument review, tentatively calendared, or calendared for argument while in-person argument sessions are suspended due to the coronavirus.” On July 22, 2020, the Fourth Circuit had suspended in-person oral…
If life gives you lemons make lemonade poster in vintage style, vector illustration
COVID-19 interrupted the plans of many North Carolina law students. In-person classes (Cancelled). Students (Sent home). Summer internships (Postponed, shortened, or cancelled).
In the midst of these upheavals, the Court of Appeals showed aspiring advocates how to turn lemons into lemonade. Judges Richard Dietz and Phil Berger, Jr. created a five-week, no-cost, online seminar for law students. The topic? North Carolina appellate practice and procedure. The series consisted of interactive lectures, small group break-outs, and…
From 1990 to 1999, the Supreme Court decided 22 employment law cases. Defendants won ten of those 22 cases. From 1990 to 1994, defendants won four cases and lost four. From 1995 to 1999, defendants won six of 14 cases.
The defendants won seven of those employment cases at the Court of Appeal. The Supreme Court affirmed three of those seven defense wins.
Fifteen of those employment law cases were lost by the defendants at…
Today, we begin our review of the Justices’ voting records in another area of civil law – domestic relations cases. From 1990 to 1999, the Court decided 23 domestic relations cases. Defendants won 12 of those 23 cases. From 1990 to 1994, defendants won seven cases and lost seven. From 1995 to 1999, defendants won five cases and lost four.
Defendants won ten of these cases at the Appellate Court. The Supreme Court affirmed four…
Since joining the Supreme Court, Justice Theis has participated in 33 criminal sentencing cases. She has voted for defendants’ position 12 times and against defendants in 21 cases. From 2010 to 2014, she supported defendants in eight of 20 cases. From 2015 to 2019, she supported defendants in four of 13 cases.
Sixteen of these cases were won by defendants below. Justice Theis voted to affirm in six of those cases and voted to reverse,…
Justice Kruger has participated in 35 criminal sentencing cases since joining the Court. She has voted for defendants in 15 of those cases and against defendants 20 times.
Ten of those 35 cases were won by defendants below. Justice Kruger has voted to affirm in six of those ten cases.
The remaining 25 cases were lost by defendants at the Court of Appeal. Justice Kruger voted to reverse, in whole or in part, in nine…
A lot of mistakes can be fixed, but those depriving an appellate court of jurisdiction are not usually among them. Unless the appellate court deems the appeal to raise issues of great importance and to present a compelling case for reversal, jurisdictional errors are usually fatal.
Those exceptions are rare. But this week, a panel of the North Carolina Court of Appeals found Doe v. City of Charlotte to be just such a case.
In…
Good afternoon.
There were only two substantive civil decisions released by the Court of Appeal for Ontario last week.
Siemon v. Perth Standard Condominium Corporation is a condominium oppression case.
Friends of Toronto Public Cemeteries Inc. v. Public Guardian and Trustee is a costs decision in respect of public interest litigation.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email…
Justice Cuellar participated in 35 criminal sentencing cases between joining the Court in 2015 and the end of 2019. He has supported defendants’ position in 18 of those cases and voted against defendants 17 times.
Ten of those cases were won by the defendants at the Court of Appeal. Justice Cuellar has voted to affirm six of those defendants’ wins and voted to reverse, in whole or in part, four times.
The remaining 25 cases…
From joining the Court through the end of 2019, Justice Liu has participated in 58 criminal sentencing cases. He has voted for defendants’ position in 31 of those cases and against defendants 27 times. From 2011 to 2014, he voted for defendants in 13 of 23 cases. From 2015 to 2019, he voted for defendants 18 times and against *them 17 times.
Eighteen of those cases were won by defendants below. Justice Liu has voted…