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…

North Carolina Supreme Court Expands Sound Basic Education to Encompass Deliberate Indifference Claims

Daniel Strong and Rebecca Thornton

Article I, Section 15 of the North Carolina Constitution provides that “[t]he people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.”  N.C. Const. art. I, § 15.  The North Carolina Constitution implements this provision in Article IX, Section 2 by commanding…

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…

The Removal of Confederate Monuments: Considerations for Municipalities

Natalia Isenberg and Patrick Scott

Over the last few years, a growing number of citizens have called for the removal of confederate monuments while other groups have demanded their preservation. What considerations should a local government include in its analysis in determining whether to remove a statue? The answer depends on the facts and procedural posture. In United Daughters of…