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Preserve or Perish: The North Carolina Supreme Court Reinforces Rule 50 Specificity in Vanguard Pai Lung v. Moody

Written By Chris S. Edwards

In Vanguard Pai Lung, LLC v. Moody, No. 15A24 (N.C. Mar. 21, 2025), the Supreme Court of North Carolina delivered a cautionary message for every trial lawyer: to preserve an issue for a motion for judgment notwithstanding …

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Reflections from the 2024 AJEI Summit: A Focus on Appellate Innovation and Integrity

Written By Chris S. Edwards

Last week, I had the pleasure of attending the 2024 Appellate Judges Education Institute (AJEI) Summit in Boston, Massachusetts. The Summit was an enriching experience, offering deep insights into the evolving dynamics of…

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The Chevron Doctrine Overturned: Implications for U.S. Regulatory Landscape

Written By Chris S. Edwards

In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their own interpretation of ambiguous federal…

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trial in the courtroom

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

Written By Chris S. Edwards

Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of ca…

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Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations

Written By Adam M. Beaudoin and Chris S. Edwards

Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023).  The Court of Appeals' opinion upheld the ability of condominium associations to determine…

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Top 10 Most Popular Articles of 2023

Written By Joanne H. Badr and Joseph A. Schouten

As we approach the New Year, it's time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith attorneys have provided valuable insights into various legal considerations. Here are…

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Embracing Change: Strategies for Effective Legal Writing in the Digital Age

Written By Chris S. Edwards

It’s no secret that judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of the Fourth Circuit, Albert Diaz, has said that he and his …

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North Carolina Flag and Gavel

NC Courts Step Into the Digital Age With E-Filing Rollout: A Look at the Progress

Written By Payton Collier Bullard

The rollout of a statewide electronic court filing system called Odyssey Integrated Case Management System, or Odyssey ICMS, is officially underway.  For some attorneys and paralegals, it will be a welcome change not…

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Lady Justice before a flag of North Carolina

Judges Get Age and Wage Boost in NC House Budget

Written By Chris S. Edwards

Recently, my colleagues Whitney Campbell Christensen and Trafton Dinwiddie wrote about our State's newest proposed budget.  As an appellate attorney, there were two portions of the state's budget that I found most int…

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Playing the Long Game: Preserving Issues for Appeal

Written By Chris S. Edwards

Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or simply keeping track of admitted exhibits. In t…

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Not So Fast: Limits of "Settlement Negotiation" Protections

Written By Isabelle M. Chammas and Joseph A. Schouten

Understanding How and Why "Settlement Negotiations" May Be Used Against You To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and e…

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The Third Chair: Engaging Appellate Counsel Early To Improve Outcomes at Trial

Written By Chris S. Edwards

You don't need us to tell you that trials are increasingly rare. So when heading to trial, trial counsel must know their client's story and must be prepared to tell that story to the trier of fact—a feat that requir…

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Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case

Written By Chris S. Edwards, S. McKinley Gray, III, and Grant B. Osborne

Litigation usually proceeds at a maddeningly glacial pace. Not this time. The Past The Occupational Safety and Health Administration's ("OSHA") well-publicized and controversial Emergency Temporary Standard ("ETS") was i…

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Making Your Case: Strategies for Briefing in the Supreme Court of North Carolina

Written By Chris S. Edwards

Appellate practice can be challenging. In complicated cases, it's made all the more challenging by the word limits often imposed by the pertinent rules of procedure. For example, in the North Carolina Court of Appeals, th…

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Odyssey and E-mail Service Under the New and Improved NC Rule 5

Written By Payton Collier Bullard and E. Bradley Evans

In October of 2020, House Bill 679 made significant changes to Rule 5 ("Service and Filing of Pleadings and Other Papers") of the North Carolina Rules of Civil Procedure. The amended Rule 5 creates two important changes. …

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Local Counsel in North Carolina's Federal Courts

Written By Jordan M. Spanner

In federal court, the rules for out-of-state counsel's participation vary from district to district.  For out-of-state counsel seeking to appear in federal court in North Carolina, the local rules require, first and …

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On Notice: How to Avoid Improper Notices of Appeal

Written By Chris S. Edwards

Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear.  A Notice of Appeal must "designate the judgment or order from which appeal is taken."  But what might seem clear on its face isn't a…

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Paper chain of people facing single paper person

"We'll Just Kick Him Out!" Member Discipline and Expulsion in Private Clubs

Written By Ryal W. Tayloe

Most private country clubs and social clubs are nonprofit corporations governed by North Carolina's Nonprofit Corporation Act found in Chapter 55A of the North Carolina General Statutes. Specifically, N.C. Gen. Stat.…

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Having Election News Withdrawal?

Written By Mary V. Cavanagh

Supreme Court Decides Case on Protected Political Activity in Public Employment Some of us may have had enough of all things election by now.  But the United States Supreme Court decided a case last April that broade…

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