County Implementation of New Medical Malpractice Law in North Carolina

Megan Silver

Effective October 1, 2021, the North Carolina General Assembly enacted a new law regarding judicial assignment related to medical malpractice cases. N.C. Gen. Stat. § 7A-47.3 (directing the rotation and assignment of superior court judges) has been amended to add a subsection, “[t]he Senior Resident Superior Court Judge shall designate a specific resident judge or…

Criminal Justice Reform in North Carolina: Important Changes for Local Law Enforcement Agencies

Patrick Scott

Governor Roy Cooper recently signed Senate Bill 300—a criminal justice reform bill—into law. The bill, reflecting the impact of the national conversation surrounding reform in law enforcement and attempts to address the calls for transparency from those who wear the badge, is expected to have major impacts on law enforcement and local governments in North…

Chapter 90 and 42 U.S.C. Section 1983: Raising the Bar for Pro Se Plaintiffs

Matt Little

In recent years, the Defense Bar has seen historic numbers of pro se prisoner filings. Along with this increase is a new litigation trend that involves coupling traditional medical malpractice claims under Chapter 90 of the North Carolina General Statutes with Federal civil rights claims under 42 USC Section 1983. Given the cap on non-economic…

Local Governments Haunted by Graveyard Regulations

Patrick Scott

During the month of October, front yards across the country are transformed into ancient burial grounds where long term tenants are attempting to escape. In most situations, this spellbinding event vanishes on November 1st, leaving authentic cemeteries to exist without much thought until the next October. However, the COVID-19 pandemic has made “private cemeteries” –…