North Carolina

  • 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."

  • January 26, 2024

    Voters Can't Block NC Senate Map Before 2024 Election

    A North Carolina federal judge on Friday declined to block the state's new Senate map from being used in the 2024 election cycle over concerns certain districts dilute Black voting power, saying such a ruling mid-election would cause "voter confusion and chaos."

  • January 26, 2024

    NC Insurance Group Not Bound By Medicare Law, Suit Says

    The North Carolina Insurance Guaranty Association asked a federal court to find that it doesn't have to pay back Medicare for claims that should otherwise be covered by private insurance, arguing the agency isn't a policy provider as defined by federal law.

  • January 26, 2024

    Software Co. Saddled With Receiver Amid Fraud Concerns

    A court-appointed receiver will start looking over the shoulder of a software company accused of funneling assets to avoid paying distributions to its founder's trust, a North Carolina Business Court judge has ruled, finding the trust's claims for fraud are likely sound.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Engineering Co. Flouted Stock Buyback Deal, Ex-Execs Say

    A former associate vice president and a managing director at engineering firm Syska Hennessy alleged in North Carolina federal court that the company violated an agreement by not purchasing their employee stock after they departed.

  • January 25, 2024

    Petition Watch: Patent Obviousness, ADA Trials, Spoofing

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past two weeks that you might've missed, including questions over pleading standards, the correct obviousness test to apply in patent disputes, whether Americans with Disabilities Act retaliation plaintiffs are entitled to jury trials, and how the government should prosecute spoofing.

Expert Analysis

  • 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.

  • Opinion

    Justices' Job Transfer Review Should Hold To Title VII Text

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    The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.

  • Immigration Program Pitfalls Exacerbate Physician Shortages

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    Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • The Legal Issues Flying Around The Evolving Drone Market

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    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • Opinion

    Mallory Opinion Implicitly Overturned NC Sales Tax Ruling

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    The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Tide May Be Turning On Texas Two-Step Bankruptcy Strategy

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    Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.

  • Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

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    In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

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