North Carolina

  • March 04, 2024

    Novant Rival Fights Bid To Access Confidential FTC Docs

    Novant Health can't unshield information given to regulators challenging its $320 million merger with two hospitals in North Carolina, a competitor hospital has told a federal court, saying it turned over those sensitive documents believing they would always be kept under wraps.

  • March 04, 2024

    Camp Lejeune Plaintiffs Say Specific Illness Link Is Not Required

    Litigants in the Camp Lejeune contaminated-water litigation on Sunday told a North Carolina federal court that Congress set a unique standard to show that their illnesses were caused by exposure to the water at the Marine base, given that it's been decades since some veterans were first exposed.

  • March 04, 2024

    NC Horse Owner Says USDA's Process Violates Constitution

    A North Carolina man is suing the U.S. Department of Agriculture following accusations that he allowed a purposely injured horse to be entered into a competition in order to improve its performance, arguing the allegations have subjected him to an unconstitutional hearing that denies him trial by a jury.

  • March 04, 2024

    Planned Parenthood Seeks To Weaken NC Abortion Law

    Planned Parenthood and a doctor have asked a North Carolina federal court to permanently stop the enforcement of two provisions in the state's abortion law, arguing that the pair violate due process and equal protection rights.

  • March 04, 2024

    Chrysler Gets Claims Trimmed In Truck Fire Defect Suit

    A Michigan federal judge on Monday trimmed one plaintiff's breach of express warranty claims and all unjust enrichment claims from a suit against Fiat Chrysler alleging it sold vehicles with engines prone to overheating and catching fire.

  • March 04, 2024

    Baker Donelson Opens In Charlotte With Nelson Mullins Attys

    Baker Donelson Bearman Caldwell & Berkowitz PC has expanded its offerings in the Carolinas by opening a Charlotte, North Carolina, office and adding eight shareholders from Nelson Mullins Riley & Scarborough LLP.

  • March 04, 2024

    North Carolina Grievance Process Fixes Would Empower Attys

    The North Carolina State Bar's grievance process could soon be revamped to include new standing requirements and open-file discovery for the accused under a slate of proposals proffered Monday by a group of lawyers and judges on the State Bar Review Committee.

  • March 04, 2024

    NC Law Firm CEO Dies In Crash Amid Stolen Funds Probe

    The CEO of North Carolina-based real estate law firm Washburn Law PLLC, which declared bankruptcy in the midst of an ongoing investigation into millions of dollars in stolen client funds, died in a car crash Saturday.

  • March 04, 2024

    Justices Turn Away Ex-Liberty U. Prof's Age Bias Battle

    The U.S. Supreme Court refused Monday to hear a fired Liberty University art professor's challenge to her loss in her age bias suit while simultaneously declining the school's invitation to take a fresh look at a carveout shielding religious employers from federal anti-discrimination law.

  • March 04, 2024

    Justices Say States Can't Keep Trump Off Ballot

    The U.S. Supreme Court found that states can't bar Donald Trump from running for reelection this year based on a 14th Amendment provision, with justices on Monday reversing a Colorado high court decision that barred Trump from the state's primary election ballot.

  • March 04, 2024

    JetBlue And Spirit Nix $3.8B Deal After Court Block

    JetBlue Airways said Monday that it has reached an agreement with Spirit Airlines to end their planned $3.8 billion merger, after the U.S. Department of Justice convinced a Massachusetts federal court to block the deal earlier this year.

  • March 01, 2024

    Pepsi, Kraft And GE Can't Block DEI, Enviro Proxy Proposals

    A division of the U.S. Securities and Exchange Commission has rejected bids from PepsiCo Inc., The Kraft Heinz Co. and General Electric Co. to exclude from their upcoming proxy statements proposals from a conservative think tank on diversity and environmental matters.

  • March 01, 2024

    BofA Trims Zelle Fraud Victims' Suit For Good On 3rd Try

    A California federal judge has again trimmed a lawsuit accusing Bank of America of refusing to reimburse Zelle fraud victims, narrowing the case to a breach of contract claim and denying the plaintiffs another opportunity to rework their complaint.

  • March 01, 2024

    55K Labcorp 401(k) Participants Seek Class Cert. In NC

    Tens of thousands of participants in a 401(k) plan for Labcorp employees asked a North Carolina federal court on Friday to certify the claims in their benefits lawsuit, arguing they had claims common and typical to warrant certification.

  • March 01, 2024

    Dartmouth Urges NLRB To Pause College Hoops Vote

    Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.

  • March 01, 2024

    FTC Attacks Constitutional Defenses In Hospital Merger Fight

    The Federal Trade Commission has urged a federal court to trim Novant Health's defenses in the agency's challenge of a $320 million plan to buy two North Carolina hospitals, citing case law holding that constitutional arguments are immaterial to the court's consideration of an antitrust injunction bid.

  • March 01, 2024

    Pool Co. Hit With $15M Verdict On Rival's False Ad Claims

    A swimming pool equipment manufacturer is on the hook for nearly $15 million after a North Carolina federal jury found it liable on Friday for false advertising and unfair business practices, but it otherwise escaped infringement claims stemming from the use of its rival's trademarks on Amazon product listings.

  • February 29, 2024

    Duke Can't Escape Retiree's Mortality Data Lawsuit

    Duke University can't toss a retiree's suit alleging it underpaid former employees millions by using outdated mortality data to calculate their retirement benefits, a North Carolina federal judge said Thursday, ruling that the former worker put forward enough detail showing she was harmed.

  • February 29, 2024

    NC Says Court Blocked From Philip Morris Franchise Tax Row

    The North Carolina Department of Revenue is urging the state Supreme Court to uphold a loss for Philip Morris in the agency's fight to fetch more than $300,000 in franchise tax from the tobacco giant, arguing that state law forbids an administrative court from contemplating the constitutionality of tax law.

  • February 29, 2024

    Auto Co. Says $50M Policy Endorsement Covers COVID Loss

    An auto parts manufacturer is seeking $50 million in coverage for its COVID-19 pandemic-related losses in North Carolina federal court, claiming its policy's "unique" communicable disease provision was misrepresented when its insurer denied coverage for losses at its Indiana, Ohio, Michigan and North Carolina locations.

  • February 29, 2024

    SVB Parent's Counsel Booted From Fraud Coverage Row

    The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.

  • February 29, 2024

    NC Judge Trims Family Paving Co.'s Dueling Self-Dealing Jabs

    The North Carolina Business Court has pruned a family quarrel over the alleged mismanagement of their construction company, narrowing one side's claims that a longtime officer siphoned company funds for his own gain while simultaneously slashing certain counterclaims accusing a faction of the family of plotting a takeover.

  • February 29, 2024

    Defense Contractor Says Ex-Exec Took Sensitive Data To Rival

    A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.

  • February 28, 2024

    NC Hospital, Nurses Get OK For Settlement Of Bias Suit

    A North Carolina federal court on Wednesday approved a settlement between a Charlotte hospital and former nurses who had alleged they bore the brunt of a discriminatory campaign to oust veteran nurses and bring in new workers, ending a four-year lawsuit.

  • February 28, 2024

    Truck Co. Must Justify NC Venue In $70M Volvo Contract Row

    A North Carolina federal court has punted on dismissing a Mexican trucking company's $70 million lawsuit against Volvo over allegedly defective semi-trucks, ruling that the business first needs to justify the litigation venue.

Expert Analysis

  • 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.

  • 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.

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