North Carolina

  • January 17, 2024

    4th Circ. Revives Death Suit As Unbarred By Lumber MDL Deal

    The Fourth Circuit on Wednesday reinstated a wrongful death suit against Lumber Liquidators alleging that formaldehyde from its products caused a man's death from cancer, saying an earlier settlement in multidistrict litigation did not cover personal injury and death claims.

  • January 17, 2024

    4th Circ. Upholds Home Healthcare Co.'s Defeat Of ADA Suit

    The Fourth Circuit won't revive a former clinical manager's lawsuit alleging a home healthcare company refused to let her skip fieldwork because of arthritis in her knees, ruling Wednesday she'd failed to show that eliminating that job duty was reasonable amid a pandemic-fueled staffing crisis.

  • January 17, 2024

    Software Co. Seeks To Escape NC Digital Court System Suit

    A Texas-based software-maker whose technology is accused in a proposed class action of leading to unlawful arrests and detentions in North Carolina county courts has urged a federal judge to toss it from the case.

  • January 17, 2024

    Labor Officials Dodge Suit Over NC OSHA 'Incentive' Policy

    A North Carolina federal judge has thrown out a lawsuit accusing state labor officials of incentivizing inspectors to issue workplace safety citations, finding the corrosion control company that filed suit failed to show the citations it received resulted from such a policy.

  • January 17, 2024

    NC Justice Drops Suit Over Diversity Comments Probe

    North Carolina Supreme Court Justice Anita Earls has dropped her explosive First Amendment lawsuit over a judicial watchdog's investigation of her comments about the makeup of the state bench, as the watchdog has abandoned the probe.

  • January 17, 2024

    High Court Majority Shows No Eagerness To Overturn Chevron

    U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Sen. Tillis Warns Biden Against Seizing Drug Patents

    A Republican senator who used to chair the chamber's intellectual property subcommittee complained on Tuesday, for the second time in a month, about the Biden administration's proposal to seize drug patents in order to lower the cost of drugs that were developed with taxpayer funding.

  • January 16, 2024

    Camp Lejeune Litigants Want Lower Causation Hurdle

    Litigants in the Camp Lejeune toxic water lawsuit urged a federal court Monday to simplify the evidence needed to link a disease's cause to exposure while at the Marine training base, saying that doing so adheres to the principle of the law empowering the lawsuits.

  • January 16, 2024

    White Residents Denied Class Cert. In NC City Board Bias Suit

    A group of white residents who claim a North Carolina city's appointment process for a volunteer commission is discriminatory lost their bid for class certification this week when a federal judge found there were, at most, just nine members who qualified for class treatment.

  • January 16, 2024

    Assurant Unit Escapes NC Brewery's Flood Insurance Suit

    A North Carolina federal judge dismissed an Assurant unit from a brewing company's National Flood Insurance Program coverage suit, finding Tuesday that the brewery had no valid claim for damage to a building that was not insured under its policy.

  • January 16, 2024

    NC Revokes Broker's License Of Bankrupt MV Realty

    North Carolina regulators have barred MV Realty from doing business in the state after its attorney general, along with others around the U.S., accused the company of locking homeowners into predatory, 40-year exclusive home listing contracts.

  • January 16, 2024

    BofA Denies 'Silencing' Criticism In User Agreements

    Bank of America NA has denied allegations that it "stifles" consumer critics through nondisparagement clauses in its online banking terms and conditions, saying the terms targeted by a recent proposed class action are actually designed to prevent the use of online banking services for conduct like terrorist financing, fraud and harassment.

  • January 16, 2024

    Verbal Deal Not Enough To Warrant Atty Fee, NC Panel Finds

    A North Carolina law firm is out almost $14,000 after the state Court of Appeals ruled Tuesday that a father's alleged verbal agreement to pay his son's legal bills needed to be in writing.

  • January 16, 2024

    Entertainment Finance Pro Jumps To Moore & Van Allen

    A finance attorney with a niche practice in the entertainment industry advising banks on complex media transactions has joined North Carolina-based Moore & Van Allen PLLC after two and a half years at Mayer Brown LLP.

  • January 16, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery tuned in to several music-related disputes last week, with two settlements involving Sirius XM and a new case over the late musician Prince's estate. Other litigation related to various ventures focused on house-flipping, house-cleaning, home-building, funerals and hospital workers' scrubs.

  • January 16, 2024

    Judge Blocks $3.8B JetBlue-Spirit Merger

    A Massachusetts federal judge on Tuesday blocked a proposed $3.8 billion merger between JetBlue Airways Inc. and Spirit Airlines, finding in a lengthy order that the deal would stifle competition in the low-cost carrier market.

  • January 12, 2024

    Syngenta, Corteva Can't Duck FTC's Pesticide Antitrust Suit

    A North Carolina federal judge on Friday refused to throw out the Federal Trade Commission's suit accusing Corteva and Syngenta of blocking competition from generic pesticides, ruling that the agency has plausibly alleged anticompetitive conduct and injury.

  • January 12, 2024

    Cyberattack On Insurer Compromised Over 64K, Suit Says

    The private information of over 64,000 individuals was compromised in a data breach of a construction industry insurer, according to a proposed class action filed against the company in North Carolina federal court.

  • January 12, 2024

    Asbestos Claimants Seek Appeal On Aldrich Ch. 11 Dismissal

    A group of asbestos claimants are asking a North Carolina bankruptcy judge to allow an appeal of his rejection of their attempt to dismiss the Chapter 11 case of Aldrich Pump, saying the appeal could immediately resolve both the bankruptcy and significant legal issues.

  • January 12, 2024

    NC Resort Says Energy Co. Can't Dig Up Trees For Pipeline

    A North Carolina resort owner has told the state appeals court that an energy company cannot remove trees on its property, saying a lower court got it wrong when it only granted the resort partial summary judgment and a jury trial was held on that erroneous premise.

  • January 12, 2024

    Butterball Pushes NC Court To Toss Workplace Assault Suit

    Turkey processor Butterball LLC urged the North Carolina Court of Appeals to toss a negligence lawsuit alleging it facilitated an assault on an employee, arguing that under state law any case involving injury to a worker must go before the state's workers' compensation court.

  • January 12, 2024

    IRS Agent Unwittingly On In-Laws' Tax Scheme Case, US Says

    An IRS criminal investigator said he unknowingly volunteered to help prosecute two St. Louis tax attorneys and a North Carolina insurance agent in a sweeping tax fraud allegation that involved his in-laws, telling a federal court that he was fresh from training and simply looking for experience.

  • January 12, 2024

    ITC Probes Lenovo Over Ericsson's Infringement Claims

    The U.S. International Trade Commission will investigate claims from Swedish telecommunications company Ericsson that Lenovo and its subsidiaries infringed the Nordic company's patents for high-efficiency video coding technology in its laptop computers.

  • January 12, 2024

    House Pans NLRB Joint Employer Rule In Bipartisan Vote

    A bipartisan group of lawmakers in the U.S. House of Representatives on Friday voted in favor of striking down a National Labor Relations Board rule that would make it more difficult for linked companies to beat claims they jointly employ the same workers.

Expert Analysis

  • 4th Circ. Ruling Outlines Defense Against Retaliation Claims

    Author Photo

    The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.

  • High Court Cert Denial Puts New Spotlight On Plea Bargains

    Author Photo

    The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.

  • How Courts Are Treating SEC Disgorgement 3 Years After Liu

    Author Photo

    Following the U.S. Supreme Court's 2020 Liu decision on the U.S. Securities and Exchange Commission's ability to seek equitable disgorgement of defendants' net profits, case law is veering significantly in the SEC's favor, and there are four key issues to follow, say Amy Jane Longo and Brooke Cohen at Ropes & Gray.

  • Now Is The Time For State And Local Sales Tax Simplification

    Author Photo

    In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

    Author Photo

    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • The Texas Two-Step May Be Losing Steam

    Author Photo

    The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

    Author Photo

    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

  • Rethinking In-Office Attendance For Associate Retention

    Author Photo

    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Opinion

    ALI, Bar Groups Need More Defense Engagement For Balance

    Author Photo

    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • High Court Ruling Wouldn't Change Federal Affirmative Action

    Author Photo

    If the U.S. Supreme Court's eventual decision in two cases concerning affirmative action indicates that using race or ethnicity as a factor in college admissions is illegal, it would align with how the Office of Federal Contract Compliance Programs already enforces nondiscrimination regulations for government contractor hiring, say Joanna Colosimo and Evan Szarenski at DCI Consulting.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

    Author Photo

    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

    Author Photo

    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Cost To Gov't Means Justices Must Review NC Sales Tax Case

    Author Photo

    The U.S. Supreme Court should review and overrule the North Carolina high court’s decision in Quad Graphics v. North Carolina Department of Revenue — an anticipatory overruling of precedent that expands the state sales tax base and imposes a stealth tax on the federal government, says Richard Pomp at the University of Connecticut Law School.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

    Author Photo

    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Tackling Judge-Shopping Concerns While Honoring Localism

    Author Photo

    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the North Carolina archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!