North Carolina

  • April 04, 2024

    4th Circ. Turns Away Yemeni Asylum Holder's Residency Bid

    The Fourth Circuit on Thursday determined that it lacks jurisdiction to review U.S. Citizenship and Immigration Services' denial of permanent residency to a Yemeni asylum holder who allegedly belonged to a terrorist organization, reasoning that only Attorney General Merrick Garland or Homeland Security Secretary Alejandro N. Mayorkas can second-guess the matter.

  • April 04, 2024

    NC Tax Fraud Trial Evidence Bids Get Lukewarm Reception

    A North Carolina federal judge on Thursday seemed reluctant to limit certain evidence against two attorneys and an insurance agent in their upcoming tax fraud trial, saying some of it seemed pertinent to the government's quest to prove intent but suspected other information might be construed by jurors as "petty."

  • April 04, 2024

    Ex-CBP Agent Avoids Prison For Selling King Of Pop Signature

    A 75-year-old former border agent who pled guilty to selling a customs declaration form signed by late singer Michael Jackson ducked prison time Thursday when a federal judge in North Carolina instead sentenced him to a year of probation.

  • April 04, 2024

    Structure Defense Remains In FTC Hospital Case, But Not Hearing

    When the Federal Trade Commission goes to trial April 29 against an allegedly anti-competitive hospital merger, the agency won't have to contend with defense assertions that its structure is unconstitutional right away, but a North Carolina federal judge refused Thursday to scrub them entirely.

  • April 04, 2024

    Citibank Can't Force Arbitration In Fees Suit, Veterans Say

    A proposed class of military members has told the Fourth Circuit that Citibank cannot force them to arbitrate claims the bank overcharged credit card fees, arguing federal laws on military-member lending negate arbitration agreements.

  • April 04, 2024

    W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm

    A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.

  • April 04, 2024

    MV Realty Abusing Ch. 11 Process, Bankruptcy Court Told

    State prosecutors, federal agencies and consumer advocates have told a Florida bankruptcy judge that MV Realty is using the Chapter 11 process to avoid enforcement and enshrine a set of predatory agreements designed to extract millions in junk fees from homeowners over the next 40 years.

  • April 04, 2024

    BMW Dealer, Claims Manager End $4M Injury Settlement Fight

    A South Carolina BMW dealership and its insurers have agreed to end their suit against a claims manager over a $4 million personal injury settlement, with the claims manager also dropping allegations against the dealership's automotive group, according to a notice filed in North Carolina federal court.

  • April 03, 2024

    Judge Consolidates Wells Fargo Unwanted Products Suits

    A San Francisco federal judge has consolidated five suits asserting proposed class claims that the bank sought to shortchange customers who deserved compensation after they were enrolled in financial products without their knowledge.

  • April 03, 2024

    NC AG Greenlights New Monitor For HCA Hospital Amid Probe

    A new organization has taken up the baton to monitor whether HCA Healthcare is in compliance with the agreement that cemented its $1.5 billion acquisition of a North Carolina health system, a pact that is the focus of ongoing litigation between HCA and the state's attorney general.

  • April 03, 2024

    Insurer Wants $38M For Covering Unfinished Road Jobs

    An insurance company has asked a federal court to force companies connected to an insolvent contractor to hand over more than $38 million to compensate for costs it covered for unfinished jobs.

  • April 03, 2024

    Broker Says Developer Won't Pay Finder's Fee On $24M Loan

    A South Carolina real estate developer has failed to fork over a finder's fee to his broker on more than $24 million in financing for a mixed-use project on the coast of North Carolina, according to a newly filed federal complaint.

  • April 03, 2024

    NC Must Face Challenge Over Voter Registration Limits

    A North Carolina federal judge kept alive a suit by civil rights groups challenging the state's restrictions on same-day voter registration, finding that the groups had sufficiently claimed that the limits violate citizens' rights.

  • April 03, 2024

    EPA Faces Down Water Rule Challenge In Texas

    The federal government has asked a Texas federal judge to toss lawsuits filed by Texas, Idaho and more than a dozen industry groups challenging the U.S. Environmental Protection Agency and Army Corps of Engineers' rule defining the extent of the Clean Water Act's reach.

  • April 02, 2024

    MV Realty Files Ch. 11 Plan Amid Growing Calls To Toss Case

    MV Realty plans to reorganize in Florida bankruptcy court by firing its brokers and collecting millions in fees from about 34,000 U.S. homeowners over the next 40 years, even as more than a dozen states backed the U.S. Trustee's view that the case is a stall tactic against prosecutors.

  • April 02, 2024

    NC GOP Pols Stress Health In Bid To Keep Abortion Law Intact

    Two North Carolina abortion law provisions that Attorney General Josh Stein deems unconstitutional are necessary to protect women's health, Republican leaders have argued in a bid to keep hospitalization and fetus-location requirements in the statute.

  • April 02, 2024

    Food Co. Gets New Shot At H-2B Hires For Cinco De Mayo

    A U.S. Department of Labor appeals board revived a food producer's bid to hire 55 foreign workers to help out with increased demand during Cinco de Mayo celebrations, saying the company clearly showed there's a production uptick during the spring through the summer.

  • April 02, 2024

    Rental Co. Sues Family Of Child Who Drowned On Property

    A North Carolina beach vacation rental company, facing a negligence lawsuit brought by a father whose son died in one of its pools, has in turn filed suit against the deceased child's extended family members, claiming that any blame for the death should be on their shoulders.

  • April 02, 2024

    Cemetery Owner Can't Sell Unused Land, NC Panel Rules

    The operator of two North Carolina cemeteries couldn't convince the state Court of Appeals to let her section off unused land for a potential sale, with a three-judge panel ruling Tuesday state law forbids her from transferring the property even if remains are not interred.

  • April 02, 2024

    Feds Seek Use Of 'Intertwined' Evidence In NC Tax Fraud Trial

    Federal prosecutors have asked a North Carolina district court to permit tangential evidence in a tax fraud trial, saying that the evidence is "inextricably intertwined with the charged conduct" of two St. Louis attorneys and a North Carolina insurance agent.

  • April 02, 2024

    Law Firm Can't Make Atty Arbitrate Pay Spat, NC Panel Rules

    A local law firm can't force a former shareholder to arbitrate his suit alleging he was stiffed on pay, the North Carolina Court of Appeals ruled Tuesday, saying it would be a stretch to find his claims stem from two side agreements containing arbitration clauses.

  • April 01, 2024

    Insurance Mogul's Cos. Want $161M Arbitration Case Tossed

    Two companies associated with Greg Lindberg are looking to nix litigation filed by defunct Dutch life insurer Conservatrix to enforce an arbitral award that could force the embattled insurance mogul to fork over about $161 million, arguing that the award orders only provisional relief and is not enforceable.

  • April 01, 2024

    EPA Asks 4th Circ. To Review Panel's Split Ozone Decision

    The U.S. Environmental Protection Agency has told the Fourth Circuit that a panel of judges incorrectly rejected its attempt to move West Virginia's lawsuit over an ozone regulation program to a different court.

  • April 01, 2024

    Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict

    Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.

  • April 01, 2024

    Ex-Pharma Co. Exec Denies Signing Noncompete Deal

    The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.

Expert Analysis

  • 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.

  • 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.

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