North Carolina

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Pool Co. Gets Rival's Assets Frozen After False Ads Verdict

    A North Carolina federal judge on Thursday temporarily froze the assets of a Chinese manufacturer of pool products and its American subsidiary after they were hit with a multimillion-dollar verdict for false advertising and unfair business practices, citing a concern they may move assets to try and duck payment.

  • April 11, 2024

    Insurer Drops Suit After Evidence Clears Stihl In Fire Case

    Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.

  • April 11, 2024

    Software Co., NC Officials Want Out Of Digital Courts Row

    Software company Tyler Technologies, North Carolina court administrators and two sheriffs have asked a federal court to release them from a proposed class action alleging the state's new digital filing system has led to unlawful arrests and detentions.

  • April 11, 2024

    NC Justices Hint Holtzman Vogel Immune In Defamation Case

    The North Carolina Supreme Court's Republican majority seems poised to reverse a Court of Appeals decision forcing Holtzman Vogel Baran Torchinsky & Josefiak PLLC to face voters' defamation claims, with one justice lamenting that revoking the law firm's privilege defense could upend decades of case law in the Tar Heel State.

  • April 10, 2024

    No Retrial Over NC Farm Worker's $2.5M Severed Foot Verdict

    A North Carolina farm failed in its bid for a new trial following a $2.5 million verdict against it, a federal judge ruled Wednesday, as a worker who lost his foot to a grain silo auger had enough evidence to support the award.

  • April 10, 2024

    Emissions Rules' Foes May Be Forced To Yield To Automakers

    Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.

  • April 10, 2024

    4th Circ. Sides With CMS' Definition Of 'Line-Extension Drug'

    The Fourth Circuit on Wednesday affirmed a summary judgment ruling in favor of the Centers for Medicare & Medicaid Services in a rule challenge by Vanda Pharmaceuticals, which took issue with the agency's criteria for what constitutes a line-extension drug.

  • April 10, 2024

    Novant Wants Fired Exec's Atty Fees Cut After Trip To 4th Circ.

    An attorney representing a former Novant Health executive should receive about $140,000 after prevailing on claims that his client was fired for being white amid a diversity push, the healthcare network said, urging a North Carolina federal judge to reduce the ex-executive's request for about $152,000 in attorney fees.

  • April 10, 2024

    Honeywell Sues Insurer For $8.75M Performance Bond

    A company that issued a $8.75 million performance bond is refusing to honor its deal with Honeywell International Inc. after a subcontractor declared bankruptcy and didn't finish its work at the Tobyhanna Army Depot in Pennsylvania, Honeywell claims in a suit filed Tuesday in Pennsylvania federal court.

  • April 10, 2024

    Beer Biz Investors Beg NC Justices To Clear Legal Haze

    Former shareholders looking to revive their fraud suit against the CEO of a beverage company and his wife asked the North Carolina Supreme Court on Wednesday to tie up an unsettled area of fiduciary law, saying a lower court's disparate jurisprudence "cries out" for clarity.

  • April 10, 2024

    NC Justices Doubt Homeowner's Attic Fall Suit Can Go To Jury

    The North Carolina Supreme Court appeared likely Wednesday to rule against a homeowner who fell through an attic hole left by a builder, with the justices suggesting her actions may have played a part in her injury.

  • April 10, 2024

    Settlements Prompt SC Cheer Abuse Case Dismissal

    Four suits levying sexual abuse allegations against competitive cheerleading's power brokers have been tossed from South Carolina federal court as a series of settlements have shifted the focus of the litigation from corporate giants to individual gyms and coaches.

  • April 10, 2024

    Feds Cleared To Use Undercover Recording In Atty's Tax Trial

    Federal prosecutors trying an attorney next week on charges he orchestrated a tax fraud scheme that spanned seven states will be allowed to play for the jury an audio recording made by an undercover agent, a North Carolina federal judge ruled.

  • April 09, 2024

    4th Circ. Unravels MetLife's Win In Benefits Denial Suit

    The Fourth Circuit on Tuesday reinstated a policyholder's lawsuit accusing Metropolitan Life Insurance Co. of wrongly cutting off his long-term disability benefits payments, saying a new precedent requires a bench trial in the dispute.

  • April 09, 2024

    Property Owners' Bias Claims Belong In Court, NC Justices Told

    Three property owners urged the North Carolina Supreme Court on Tuesday to revive their claims that the city of Kinston targeted a Black community for house demolitions, contending that they shouldn't have to argue with City Council members before being able to sue.

  • April 09, 2024

    4th Circ. Tosses Duty To Defend Case Over Oil Co.'s Objection

    The Fourth Circuit said Tuesday that a West Virginia oil and gas company lacked standing to continue an appeal that was originally brought by a green grower, which had sought coverage from its insurer for an underlying $4 million land use dispute with the extractor.

  • April 09, 2024

    Challengers To H-2A Wage Rule Denied Extra Discovery

    A federal judge has refused to let agricultural businesses gather more information on the decision-making behind new H-2A agricultural worker minimum wages, rejecting claims that more discovery was warranted in light of a September order allowing the wages to take hold.

  • April 09, 2024

    Man's Unusual Filing Methods Led To Liability, 4th Circ. Told

    The Fourth Circuit should uphold a U.S. Tax Court decision allowing the IRS to collect the tax liability of a technology consultant who for years used unusual filing methods, the government argued Tuesday, saying the court correctly noted he contributed to any confusion over his bill.

  • April 09, 2024

    Feds Want To Push Back Complex Camp Lejeune Cases

    The federal government has asked the North Carolina court overseeing litigation concerning contaminated water at Camp Lejeune to first try cases brought by former residents of the Marine base who allege they have developed only one disease from the water and try more complicated cases later.

  • April 09, 2024

    Pot Distributor Can't Restrain Hemp Co. Amid Contract Dispute

    A cannabis distribution company and a family farm lost an early bid to stop online retailer Mood Product Group LLC from allegedly using their trade secrets to solicit suppliers, with a North Carolina Business Court judge finding the pair are unlikely to succeed on their claims.

  • April 09, 2024

    California Can Set Own Emissions Standards, DC Circ. Says

    The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.

  • April 08, 2024

    ACC Can Keep ESPN Deal Under Wraps In FSU Suit

    A North Carolina Business Court judge has allowed the Atlantic Coast Conference to file some contract terms under seal in its fight over whether Florida State University can leave the conference without facing a hefty fine, reasoning that such terms have been considered sealable trade secrets by state courts.

  • April 08, 2024

    Wells Fargo Knew Of Ex-Texas Atty's Fraud, Victims Claim

    Victims of a former Texas attorney's multimillion-dollar fraud urged a Lone Star State federal court on Monday to keep alive their lawsuit accusing Wells Fargo Bank NA of enabling the scheme, arguing the bank was aware the lawyer was misusing clients' money and profited from the arrangement.

  • April 08, 2024

    Sheriff Wants Out Of Civil Rights Suit Over NC Court Software

    A North Carolina sheriff has asked for an early exit from a proposed class action alleging the state's new digital court system has led to unlawful arrests and detentions, saying most of the claims pertain to state officials and the company that built the software rather than any wrongdoing on his part.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

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    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

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