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Jul 7, 2022

COA washes away utility’s attempt to intervene in environmental dispute 

A public utility seeking to intervene in an environmental action brought by the state against The Chemours Co. waited too long to file its motion, a unanimous panel of the North Carolina Court of Appeals has ruled, affirming denial.   Chemours owns the Fayetteville Works facility, a chemical manufacturing plant adjacent to the Cape Fear River […]

Sep 22, 2021

COA upholds murder conviction for missing woman’s death

RALEIGH (AP) — A state Court of Appeals panel upheld on Tuesday the first-degree murder conviction of a southeastern North Carolina man in the death of his girlfriend, whose body was found in a shallow grave on property owned by his employer. The three judges rejected arguments by James Opleton Bradley, who is serving life […]

Aug 21, 2020

COA offers lesson on how to (and not to) perfect an appeal

BY DAN GIBSON Doe v. Charlotte, a decision handed down by the North Carolina Court of Appeals on Aug. 19, is a clinic on how to perfect your appeal and how to modify an interlocutory order (hint: use Rule 54, not Rule 59). The case centers on allegations that a Charlotte police officer violated the […]

Aug 18, 2020

COA holding online seminar for high school students

Two North Carolina Court of Appeals judges are launching another online seminar this fall, this time aimed at teaching high school students about the U.S. Constitution. Judges Richard Dietz and Philip Berger Jr. will host the free seminars  twice a week from Sept. 14 through Oct. 12. Over the summer, the judges presented seminars on […]

May 1, 2020

COA ruling could open door to multiple Rule 9(j) motions

Based on recent activity from the appellate courts, there seems to be renewed interest in the vagaries of Rule 9(j). On April 21, the Court of Appeals issued its decision in Robinson v. Halifax Regional Medical Center. It has several angles that are worthy of discussion. Robinson involved the alleged wrongful death of a patient […]

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