North Carolina

  • January 12, 2024

    NC Farmworker Fights New Trial Bid In Severed Foot Case

    A man who lost part of his right leg in an auger at a North Carolina farm has urged a federal judge not to grant his former employer a new trial, saying there was "ample" evidence supporting a jury verdict finding the farm was partially to blame.

  • January 12, 2024

    Wells Fargo Top Brass Dodges Deposition Over Exec's Firing

    A member of Wells Fargo's senior management has escaped being deposed in a North Carolina wrongful-termination suit following back-and-forth about what role, if any, he played in the events at issue in a former director's disability- and age-discrimination claims.

  • January 12, 2024

    Disney Says Shirt Co. Didn't Connect Threads To NC In IP Row

    Disney urged a North Carolina federal court to toss a trademark infringement lawsuit brought against it by a shirtmaker, arguing the apparel operation didn't give any evidence that the entertainment giant's brands and its online shopping site have enough connections to be sued in the Tarheel State.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 12, 2024

    High Court Eyes Chevron Deference: What You Need To Know

    Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.

  • January 12, 2024

    Justices To Decide Federal Rights Exhaustion Rule

    The U.S. Supreme Court agreed Friday to resolve lingering questions over the breadth of its previous rulings prohibiting states from requiring litigants to exhaust state administrative remedies before pursuing federal right violation claims, in a dispute over Alabama's processing of unemployment benefits claims.

  • January 11, 2024

    Petition Watch: Atty 1st Amendment Rights, ERISA Remedies

    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 how attorneys' First Amendment rights are protected, the Federal Trade Commission's ability to collect civil contempt sanctions, what equitable remedies are available to plaintiffs in Employee Retirement Income Security Act lawsuits, and the cross-appeal rule.

  • January 11, 2024

    Truist Belongs In Bad Check Suit, NC Appeals Court Told

    A video conferencing company has asked the North Carolina Court of Appeals to revive its claims against Truist Bank for allegedly allowing an impostor to cash a check made out to the firm, saying it now faces the possibility of inconsistent verdicts.

  • January 11, 2024

    NC Justices Urged To Nix Clothier's Virus Coverage Appeal

    Zurich American Insurance has asked the North Carolina Supreme Court to reject a clothing company's bid to appeal its coverage suit for COVID-19 losses, arguing that the insurance policy in dispute bars coverage for any loss caused by virus contamination.

  • January 11, 2024

    COVID Masks Didn't Violate Cop's Trial Rights, 4th Circ. Says

    A former West Virginia police officer who was sentenced to nine years behind bars for assaulting an arrested man and lying to a court can't get his conviction overturned on the grounds that witnesses' mask wearing during his 2021 trial violated his Sixth Amendment rights, the Fourth Circuit ruled Thursday.

  • January 11, 2024

    Divorce Pauses Husband, Wife IP Row Over Insurance Co.

    The North Carolina Business Court halted a lawsuit alleging the husband of an insurance agency owner stole her business records to benefit his newly formed company while keeping $3 million meant for her, reasoning the case will be affected by divorce proceedings the two are going through.

  • January 11, 2024

    Farms Demand Look At DOL Justification For H-2A Wage Rule

    Critics challenging the new wage calculations for H-2A workers have asked a North Carolina federal judge if they can look into the U.S. Department of Labor's decision-making process, saying they want a chance to prove the agency overlooked the rule's impact on illegal immigration.

  • January 10, 2024

    Chancery Pans 'Farcical' Portrayal Of $5.8B Cornerstone Deal

    Exchanges between Clayton Dubilier & Rice LLC and Cornerstone Building Brands, over what ultimately became the private equity firm's $5.8 billion buyout of the construction materials company in 2022, were clearly price negotiations, and attempts to portray them otherwise are a "farce," a Delaware Chancery Court vice chancellor said Wednesday.

  • January 10, 2024

    Bill Floated To Study Bayh-Dole Requirement Inefficiencies

    A proposal is being floated that would require the U.S. Government Accountability Office to do a study of ways to streamline processes outlined in a law that cleared private organizations and universities to commercialize patents that came from government funding.

  • January 10, 2024

    Ex-Defender Says Impostor Syndrome Affects Women More

    A former assistant federal defender followed up on claims she made about impostor syndrome during her sexual harassment trial against the judiciary, telling the court that academic studies and a Ninth Circuit decision support her assertion that the phenomenon largely affects women.

  • January 10, 2024

    Disbarred Atty Sues Patent Office 'To Find Out The Truth'

    A lawyer who was disbarred in North Carolina a decade ago over paying a client in a personal injury lawsuit is going to a Virginia federal court to contest the U.S. Patent and Trademark Office's decision that ejected him from practicing before the agency.

  • January 10, 2024

    4th Circ. Stays W.Va. EPA Action, Rejects Move To DC Circ.

    The Fourth Circuit temporarily blocked the U.S. Environmental Protection Agency's mitigation plan for West Virginia's ozone emissions on Wednesday and denied the agency's request to move litigation against the plan to the D.C. Circuit.

  • January 10, 2024

    Eateries Press NC Justices To Force COVID-19 Loss Coverage

    A group of restaurants and bars pressed the North Carolina Supreme Court on Tuesday to force an insurer to pay for losses incurred because of COVID-19, arguing their policies don't require physical destruction but an inability to use property to trigger coverage.

  • January 10, 2024

    Starbucks Worker Says Filing A Complaint Got Her Punished

    A female Starbucks employee has filed a lawsuit in North Carolina federal court claiming the coffee chain investigated her use of leave time and ultimately disciplined her after she complained about inappropriate comments and unwanted touching from her manager.

  • January 10, 2024

    Chicken Plant Fights Sanctions Over Newly Divulged Notes

    A North Carolina chicken plant urged the state's business court on Wednesday not to sanction it for a last-minute disclosure of pertinent evidence on the verge of an insurance fraud trial, saying it was an honest error that can be easily resolved by reopening discovery.

  • January 09, 2024

    Insurer Asks NC Justices To Help Secure $524M Judgment

    An insurer urged the North Carolina Supreme Court to review a state appeals court's judgment reversing limitations on an embattled insurance mogul's transfer of assets, maintaining that the decision "substantially diminishes" its ability as a judgment creditor to collect a more than $524 million award.

  • January 09, 2024

    NC Officials Say Certificate Of Need Protest Defies Legislature

    North Carolina health officials have told the state Supreme Court that a New Bern optometrist's challenge to the state's certificate of need law undermines democracy as he argues that the law effectively grants monopolies to established hospitals.

  • January 09, 2024

    NC Agency Sued Over Child Solitary Confinement Practice

    The North Carolina Department of Public Safety is violating the constitutional rights of children not convicted of crimes by locking them up alone every hour of the day with little to no relief from confinement, while breaking state law requiring education, according to a proposed class action filed in federal court Monday.

  • January 09, 2024

    Smart Home Biz Can't Shake $190M Verdict In TM Case

    A major smart home software company has failed to persuade a North Carolina federal judge to throw out a nearly $190 million jury verdict the company lost to a rival over allegations it broke trademark law in order to trick customers into switching providers.

  • January 09, 2024

    AT&T, FCC Settle Pole Rate Row Before 4th Circ. Arguments

    AT&T and Duke Energy have settled their differences two weeks before they were set to face off with the Federal Communications Commission at the Fourth Circuit over a pole rate decision that both were unhappy about for different reasons.

Expert Analysis

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • As Subchapter V's Popularity Rises, So Do Its Boundaries

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    Recent data and bankruptcy court rulings give greater context to Subchapter V’s popularity, but also show how courts continue to interpret its provisions to establish limits and contours, such as the sequence of filing for affiliate debtors, say Jack O’Connor and Heidi Hockberger at Levenfeld Pearlstein.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • 4th Circ. Ruling Reveals 2 Layoff Pitfalls To Avoid

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    The Fourth Circuit's recent decision in Messer v. Bristol Compressors serves as a reminder that employers have a continuing obligation to keep employees informed about mass layoffs, and that employees do not need to show prejudice to succeed on Worker Adjustment and Retraining Notification Act claims, say Kevin White and Steven DiBeneditto at Hunton.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • Beware Patchwork Of State NIL Laws For Student-Athletes

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    With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.

  • PFAS Coverage Litigation Strategy Lessons For Policyholders

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    While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

  • A Case For Sharing Mediation Statements With Counterparties

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    In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

  • Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

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    Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

  • 3 Key Areas Where Fintech And Sports Gaming Intersect

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    Sports gaming operators cannot produce reliable and efficient products without the full participation and support of their fintech vendors and suppliers, so firms in both industries should follow developments and changing regulation in the arena, including state expansion of crypto-funded wagering and advancements in payment processing, say attorneys at Nelson Mullins.

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