Smith Moore Leatherwood LLP

Follow

What just happened? A guide to dispositions in North Carolina appellate opinions

October 4 2017 Most lawyers, upon learning that a case on appeal has been decided, immediately flip (or scroll) to the last page of the opinion to see the result…

Court of Appeals: A Guaranty is a Separate Contract No Matter What the Contracts Say

August 2 2017 In a divided opinion Tuesday, the Court of Appeals held that a lease and guaranty are separate contracts, even when the guaranty is incorporated…

Does “Affirmed” Mean “Overturned?”: The Uncertain Binding Effect of 3-3 Split Opinions from the Supreme Court of North Carolina.

November 29 2017 When less than a full complement of Supreme Court Justices considers a case being reviewed from the Court of Appeals, the result is sometimes an even…

Settlement of Claims, Satisfaction of Medical Liens, and a New Twist in North Carolina

October 4 2017 When resolving claims with pro se claimants, a recent North Carolina Court of Appeals opinion, Nash Hospitals, Inc. v. State Farm Mutual Auto. Ins. Co…

Informed Consent Under the EU's General Data Protection Regulation

September 7 2017 This is part four of a five-week series discussing General Data Protection Regulation (GDPR) and its implications for U.S. businesses and…

Stop Waiting for Your Turn on the Ransomware Hotseat

December 8 2017 There is a lot of buzz in the Charlotte area about a recent Ransomware infection of Mecklenburg County systems. Ransomware was introduced through a…

This Holiday Season, A Reminder Not To Forget The (File) Stamps

December 7 2017 If you don’t put postage stamps on your holiday cards, they aren’t going to make it to their intended destinations. Similarly, if you don’t have a…

Potential Circuit Split: Is Groundwater a Conduit to Jurisdictional Surface Water Under the Clean Water Act?

December 6 2017 On Thursday December 7, 2017 the Fourth Circuit will hear oral arguments in Upstate Forever v. Kinder Morgan Energy, on whether liability under the…

The Long and Winding Road (with Apologies to the Beatles)

November 30 2017 In the Court of Appeals’ latest batch of opinions, Beroth Oil Co. v. N.C. Department of Transportation, addressed the long-running issue of the…

Does “Affirmed” Mean “Overturned?”: The Uncertain Binding Effect of 3-3 Split Opinions from the Supreme Court of North Carolina.

November 29 2017 When less than a full complement of Supreme Court Justices considers a case being reviewed from the Court of Appeals, the result is sometimes an even…