North Carolina

  • March 14, 2024

    Trial Challenging NC Abortion Restrictions Pushed To July

    A July trial date has been set in a closely watched constitutional challenge seeking to dismantle a state law that restricts access to abortions in North Carolina after 12 weeks, marking a pushback from the court's earlier projected spring timetable for the trial.

  • March 13, 2024

    Subpoenas Can't Skirt USPTO Discovery Rules, 4th Circ. Says

    In a precedential ruling, the Fourth Circuit said Wednesday that companies can't use the subpoena power of the courts to go beyond the limits of discovery that the U.S. Patent and Trademark Office puts on deposing employees in foreign countries.  

  • March 13, 2024

    Hospital Asks NC Justices To Take Up Virus-Law Immunity Case

    Healthcare providers are pressing the North Carolina Supreme Court to review a lower court's finding that the state's COVID immunity law isn't fatal to a medical malpractice suit, warning that the decision would have drastic consequences on a liability shield from pandemic-related suits.

  • March 13, 2024

    Judge Says 'Exotic' Camp Lejeune Files Must Stay Intact

    A North Carolina federal judge ruled that the federal government must produce water modeling project files in litigation over alleged injuries caused by decades-long water contamination at Marine Corps Base Camp Lejeune, ordering the government to avoid changing the format of some "exotic" files that could make them harder to parse.

  • March 13, 2024

    NC City Asks State Justices To Review Homebuilders' $5M Win

    The North Carolina city of Greensboro urged the state's high court to review the $5.25 million judgment won by D.R. Horton Inc. and True Homes LLC in the homebuilders' class action accusing the city of charging illegal preservice water fees.

  • March 13, 2024

    FCC Waives Bank Rating Rule For Rural Auctions For 1 Year

    Internet service providers that received letters of credit from banks that took a plunge in the ratings will have an extra year to find a suitably rated financial institution to back them so they can get their rural broadband auction funding, the Federal Communications Commission has declared.

  • March 13, 2024

    Ex-VP's 'Dereliction' Provokes Default Judgment As Sanction

    An exasperated judge in North Carolina gave an HVAC company an early win by default against a former executive accused of stealing trade secrets, calling his failure to meet discovery demands "dereliction" and granting his former employer's request for sanctions as a result.

  • March 12, 2024

    Wells Fargo Shortchanges Its Fake-Account Victims, Suit Says

    Wells Fargo has been hit with another proposed class action alleging that the bank engaged in a "deceptive campaign" by sending letters designed to give the appearance of correcting its practice of opening fake customer accounts and enrolling them in products without their consent, but offering no substantial reparations.

  • March 12, 2024

    MV Realty Says NC AG Is Working For Real Estate Industry

    Embattled Florida-based real estate company MV Realty told the North Carolina Supreme Court the state's attorney general is "wielding the power of the state under the guise of consumer protection" to shut down the business at the behest of "entrenched real estate brokerage interests."

  • March 12, 2024

    Camp Lejeune Water Plaintiffs Push For Jury Denial Appeal

    The plaintiffs suing the U.S. government over contamination of water at Camp Lejeune are urging a North Carolina federal court to allow them to appeal an order striking their bid for a jury trial, arguing there is substantial room for disagreement over whether the Camp Lejeune Justice Act allows for jury trials.

  • March 12, 2024

    Court Bars Ex-Exec From Sharing Info On Co.'s Body Armor

    A North Carolina federal court granted a defense contractor's request to stop a former sales executive from sharing confidential information and export-controlled data with a foreign rival, while the court reviews the contractor's allegations.

  • March 12, 2024

    NC Software Execs Convicted Of Payroll Tax Crimes

    Two former software executives in North Carolina were convicted Tuesday of failing to pay hundreds of thousands of dollars in employment taxes, but were absolved of charges that they lied on their individual tax returns, bringing to a close their five-day trial in Charlotte's federal courthouse.

  • March 12, 2024

    4th Circ. Upholds White Exec Firing Verdict But Cuts Damages

    The Fourth Circuit on Tuesday affirmed a victory for a white hospital executive who won a jury trial in his lawsuit alleging he was fired as part of a diversity push, but found his $300,000 punitive damages award was unwarranted because he fell short in backing his claim that his employer knowingly violated federal law.

  • March 12, 2024

    4th Circ. Revives Navy Surgery Wrongful Death Claims

    The Fourth Circuit on Tuesday reversed an order dismissing claims from the estate of a woman who died after an allegedly botched surgery at a Navy hospital, saying the trial court was wrong to conclude that Navy regulations for implementing Federal Tort Claims Act procedures created jurisdictional requirements beyond what the FTCA's text includes.

  • March 12, 2024

    GE Aerospace Plans $650M Manufacturing Investment

    GE Aerospace said Tuesday it plans to invest $650 million into its manufacturing facilities and supply chain this year to bolster support for its commercial and defense customers.

  • March 11, 2024

    'I Made A Huge Mistake,' Software Exec Says In Tax Fraud Trial

    Two former software executives in North Carolina took the stand Monday in the government's tax fraud trial against them, where they portrayed a company in extreme distress as hundreds of thousands of dollars in employment taxes went unpaid and their personal lives crumbled.

  • March 11, 2024

    Judge OKs Eye Care Tech Co.'s $8M DIP Request

    A Texas bankruptcy judge on Monday approved optometry software company Eye Care Leaders Portfolio Holdings LLC's request to draw on the remainder of its $8 million in debtor-in-possession funds for its Chapter 11 case, saying the company had given good reason to believe it was poised for a rewarding auction.

  • March 11, 2024

    Ill Will Pushed UNC Doc's Bawdy Party Lie, NC Justices Told

    A former doctor at the University of North Carolina hospital wants the state's highest court to revive his defamation lawsuit alleging a supervisor's ill will motivated an investigation into a supposed bawdy party, telling the justices that the supervisor isn't afforded the immunity public officials receive from lawsuits.

  • March 11, 2024

    NC Judge Scraps $8M Verdict In AXA Life Insurance Suit

    A North Carolina federal judge wiped out an $8 million jury award for historian and investment firm founder Malcolm Wiener in his lawsuit accusing AXA Equitable Life Insurance Co. of sabotaging his insurability with inaccurate health information reporting, finding Wiener had "no baseline" to support the award beyond $1 in nominal damages.

  • March 11, 2024

    FTC, 10 States Sue 'Sham' Women's Cancer Fund

    The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.

  • March 11, 2024

    Womble Bond Hires NC Federal Public Defender In Charlotte

    Womble Bond Dickinson's new of counsel, Erin Taylor, told Law360 Pulse that as the daughter of a social worker and community organizer, working to defend legal injustices in North Carolina's federal public defender's office came naturally. After 15 years in the role, it's work she found extremely rewarding, she said.

  • March 08, 2024

    Split NC High Court Reopens Embattled Realty Firm

    The North Carolina Supreme Court has temporarily lifted a business shutdown order on MV Realty amid the state's claims that the company imposed predatory fees, with a dissenting justice fearing that unshackling it could put homeowners at risk of losing their homes.

  • March 08, 2024

    DC Judge Strikes 2 BofA Experts In $1.1B FDIC Premiums Suit

    Bank of America can't use a certified public accountant and an economics scholar it had enlisted to fend off a Federal Deposit Insurance Corp. suit accusing the financial institution of failing to pay $1.1 billion in premiums, a federal magistrate judge has determined, finding both experts offered inadmissible opinions.

  • March 08, 2024

    State Farm Beats Spas' COVID Shutdown Suit At 4th Circ.

    The Fourth Circuit sided with State Farm insurance entities Friday in tossing a coverage dispute brought by a class of spa businesses alleging they were owed under "all risk" policies after COVID shutdown orders, with the court holding that recent precedent determined similar policies dealt with physical damage, not business closings.

  • March 08, 2024

    Trump Tells 4th Circ. DQ Ruling Ends Virginia Ballot Challenge

    Donald Trump and the Republican Party of Virginia have asked the Fourth Circuit to pull the plug on an appeal seeking to remove the former president from the state's ballot, citing the U.S. Supreme Court's decision finding that states lack that kind of disqualification power.

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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