North Carolina

  • February 01, 2024

    Former NC Justice Launches Latest Election Map Fight

    Retired North Carolina Supreme Court Justice Robert Orr is one of a trio of lawyers representing voters in the latest legal challenge to state election maps saying the state's constitution guarantees fair elections free of partisan gerrymandering even if it doesn't say those exact words.

  • February 01, 2024

    NC Woman Wants Town Forced Off Land After 10 Years

    A North Carolina homeowner has said the North Carolina Supreme Court needs to stop the town of Apex from violating her constitutional rights by taking over her property because it was ordered to do so.

  • February 01, 2024

    Growers Pan NC Poultry Producer's 'Abusive' Ranking System

    A North Carolina poultry farm has ensnared growers in a so-called tournament system that is heavily manipulated and significantly affects their earnings, according to a proposed class action that characterizes the scheme as "archaic, abusive and unconscionable."

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

  • February 01, 2024

    NC Judge In John Edwards Case To Take Senior Status

    Chief Judge Catherine Eagles of the Middle District of North Carolina, who presided over the criminal trial of former senator and presidential candidate John Edwards, will take senior status at the end of the year.

  • January 31, 2024

    Insurance Execs Stole Co. Assets For New Biz, Suit Says

    An insurance company alleged in a federal complaint Tuesday that three former executives lined their own pockets by breaking laws and stealing assets in a plot to found their own competing business as part of a vindictive campaign fraught with subterfuge on North Carolina regulators to further imperil their former employer.

  • January 31, 2024

    4th Circ. Revives Regulator's Bid To Ax W.Va. Law Challenge

    The Fourth Circuit revived the West Virginia Oil and Gas Conservation Commission's attempt to dismiss mineral owners' lawsuit challenging an amendment to the state's oil and gas conservation law, saying Wednesday the district court failed to address any of the grounds for dismissal advanced by the commission.

  • January 31, 2024

    Estate Blames AAA For Conn. Driver's Death On NC Highway

    The estate of a Connecticut woman who was hit by a car on the side of the road in North Carolina after running out of gas is suing AAA Northeast Inc. and an affiliate towing company for negligence, saying their alleged carelessness caused her "untimely death."

  • January 31, 2024

    'Glad I'm Not In The House': GOP Sens. Wary Of Ousting Mayorkas

    The House Republican-led efforts to impeach U.S. Department of Homeland Security Secretary Alejandro Mayorkas advanced to the full chamber early Wednesday, but those efforts may face headwinds from unenthused Senate Republicans.

  • January 31, 2024

    Greens Call Foul On Logging Plans In NC National Forest

    Conservationists are challenging a proposed logging project in North Carolina's Nantahala National Forest, saying Wednesday the plan will disturb an "exceptional ecological community" and otherwise contradicts the agency's own protective designation for the area.

  • January 31, 2024

    4th Circ. Says Migrant Can't Tie MS-13 Extortion To US Dad

    The Fourth Circuit refuted a Salvadoran asylum-seeker's claims that MS-13 extorted him to get its hands on remittances from his American father, finding no evidence showing that gang members even knew the father was in the U.S.

  • January 30, 2024

    Timber Co. Says Seller 'Twisting' Words In Carbon Offset Fight

    A New Hampshire-based timber company has told a North Carolina court that an investment firm specializing in forestland is "twisting" words in an attempt to escape claims that it overvalued the carbon offset of a property by about $1 million.

  • January 30, 2024

    Fans Fight Commanders' Arbitration Bid Over Railing Collapse

    NFL fans suing the Washington Commanders told the Fourth Circuit that a lower court correctly denied an attempt to compel arbitration and that the district court's ruling was "properly based" on the facts of the case filed over injuries the fans sustained from a rail that collapsed in a stadium.

  • January 30, 2024

    NC Hospital Says It Didn't Share Patient Data With Meta

    A North Carolina hospital system scoffed at allegations that it shared patient information with Facebook without consent for years in response to a proposed negligence class action brought by three patients and after a state business court allowed the action to move forward.

  • January 30, 2024

    Real Estate Rumors: Eldawy, Wake Stone, Ohio Police & Fire

    Developer Mohamed Eldawy is said to be seeking city approval for a $250 million mixed-use project in Galveston, Texas, Wake Stone Property is reportedly investing $48 million toward expanding an industrial park in North Carolina, and the Ohio Police & Fire Pension Fund could be investing up to $275 million in real estate this year.

  • January 30, 2024

    Irked NC Judge Pushes Deal To End Derelict 'Ghost' Park Spat

    A North Carolina state court judge irritated with the legal antics surrounding an abandoned theme park targeted for dissolution warned the parties Tuesday that a settlement may be their best path forward to avoid a decision that may be "mostly unsatisfactory for both of you."

  • January 30, 2024

    NC Federal Judge OKs Temporary Halt In Novant Hospital Deal

    Novant Health's push to buy two North Carolina hospitals is on hold after a federal judge granted a temporary restraining order Monday pausing the $320 million transaction, a step each party agreed to amid the antitrust challenge.

  • January 30, 2024

    4th Circ. Revives Combat IP Theft Suit Against Israeli Co.

    The Fourth Circuit on Tuesday revived an American combat training company's trade secret theft lawsuit against an Israeli company, its U.S. affiliate, a military officer and the Israeli Ministry of Defense, finding the trial court wrongly relied on a prior judgment, which didn't address the Delaware-based affiliate.

  • January 30, 2024

    UNC Prof Says He's Immune From Suit Over Party Pics Probe

    A University of North Carolina medical school professor has told the state Supreme Court that he's immune as a state official from a lawsuit alleging that he initiated a vindictive investigation into a bawdy going-away party resulting in an outgoing physician's pay being delayed.

  • January 30, 2024

    Full 4th Circ. Declines Atty's Coverage Case In Fraud Defense

    The full Fourth Circuit won't hear a Maryland attorney's arguments after a panel determined he is not entitled to defense costs from his firm's insurer concerning his indictment on charges that he defrauded financial institutions to gain control of $13 million in frozen Somali assets.

  • January 29, 2024

    Va. Tells 4th Circ. Hemp Law Not Preempted By Farm Bill

    The state of Virginia told the Fourth Circuit on Friday that a lower court was correct to deny hemp companies' bid for an injunction blocking the state's ban on intoxicating hemp products, saying the federal farm bill legalizing hemp empowered states to enact their own rules.

  • January 29, 2024

    Builder Tries To Sink Lawsuit Over Failed NC Venture

    A North Carolina builder has pushed back against a lawsuit from his former business partner seeking the return of a Charlotte-area property, saying that the filing doesn't include a necessary party and that the claims are derivative.

  • January 29, 2024

    NC Court Pares Down Crop Insurance Coverage Row

    A North Carolina federal judge trimmed a crop insurance dispute brought by a farm alleging that its insurance agent didn’t properly submit the coverage application or inform the farm’s owners of coverage, dismissing all claims against the insurer but leaving several against the agent.

  • January 29, 2024

    City Engineers Must Face Brain Injury Case, NC Panel Told

    A North Carolina woman has asked the state appeals court to revive her negligence case against the city of Charlotte and two of its engineers for allegedly failing to install pedestrian safety measures at a crosswalk where she was hit by a car, saying the city previously agreed to waive its sovereign immunity in tort cases such as hers.

  • January 26, 2024

    Fed. Circ. Kicks Patent Suit Against Honeywell Out Of Waco

    A ruling from the Federal Circuit on Friday knocked U.S. District Judge Alan Albright for keeping a patent lawsuit in Waco, noting that "nothing of significance ties this case to the Western District of Texas."

Expert Analysis

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Bankruptcy Ruling Shows Section 363's Magic Has Its Limits

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    The Ninth Circuit Bankruptcy Appellate Panel's recent ruling in Groves demonstrates that Section 363 — which allows a debtor-in-possession to sell their property in order to generate cash — fails as a tool when it’s used to turn a nondebtor entities' property into property of a debtor's bankruptcy estate, says Brian Shaw at Cozen O'Connor.

  • NC Sports Betting Law May Bring New Blockchain Frontier

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    North Carolina's new law that allows online and retail betting on professional, college and esports sports events has provided the blockchain industry with an opportunity to prove that its technology is better than that of traditional financial systems by listing cryptocurrencies as an accepted asset to wager, says Samir Patel at Holland & Knight.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • What Patent Bills Would Mean For Infringement Litigation

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    Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.

  • Rebuttal

    Mallory Ruling Doesn't Undermine NC Sales Tax Holding

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    Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • A Closer Look At Competing Stablecoin Legislative Proposals

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    Attorneys at Davis Polk dissect the key similarities and differences between competing stablecoin discussion drafts from Reps. Patrick McHenry and Maxine Waters, and while neither bill is enjoying overwhelming bipartisan support, there appears to be a greater sense of urgency for legislative intervention in the crypto industry.

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