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North Carolina
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
Copter Companies Will Pay $30M To 2 Estates For Fatal Crash
Two families whose loved ones were killed in a Duke Life Flight helicopter crash are getting $30 million in settlements between them from the companies behind the chopper's operation, construction and sale, according to dismissals filed in North Carolina state court Wednesday.
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June 04, 2025
NC Mall Owner Fails To Boost $1K Water Damage Award
A North Carolina mall property owner lost its bid to increase a paltry water damage award when a state appellate panel ruled Wednesday that the landlord failed to show sufficient evidence of damage from a neighboring property's stormwater runoff.
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June 04, 2025
NC Governor Launches Council To Advise On Cannabis Policy
North Carolina Gov. Josh Stein on Wednesday announced the creation of a state advisory council on cannabis to develop a comprehensive policy with respect to the regulation of hemp and marijuana.
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June 04, 2025
ACC, FSU, Clemson Drop Suits After Reaching Revenue Deal
The Atlantic Coast Conference, Florida State University and Clemson University have officially ended their legal battle spanning a year and a half and three state courts, dismissing their suits and countersuits three months after agreeing on a new plan to generate and divide athletic revenue.
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June 04, 2025
Full 4th Circ. Asked To Rethink Copter Pilot's Death Suit
Farmers accused of negligently allowing a crop-dusting pilot to fly into a steel cable stretched across a property are urging the full Fourth Circuit to release them from a lawsuit filed by the pilot's widow, arguing that, as nonpilots, they had no way of foreseeing aerial hazards.
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June 04, 2025
CFPB Resumes $4.2M Redress After Pressure From States
California's Department of Financial Protection and Innovation said Wednesday that the Consumer Financial Protection Bureau is now making good on a $4.2 million redress plan for former students of a shuttered sales-training firm, following agency delays and subsequent pressure from various states.
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June 04, 2025
Damages Retrial Ordered In NC Massage Envy Sex Assault Suit
A North Carolina state appeals court on Wednesday ordered a new trial on damages in a suit over alleged sexual assaults at a Massage Envy location, finding the jury was improperly instructed on joint and several liability.
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June 04, 2025
Auto Co. Says Recent Orders Support Axing Class Wage Suit
Seven recent decisions support an automobile parts company's bid to nix class and collective claims in a workers' lawsuit alleging they were shorted on wages, the firm told a North Carolina federal court Wednesday, saying those cases show that the allegations cannot stand because they were filed too late.
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June 04, 2025
NC Biogas Co. Sanctioned For Breaking Deal With Lenders
A North Carolina biogas company has been ordered to fork over a six-figure judgment in an ongoing legal battle with its lenders as a sanction for flouting a state court order related to its pursuit of a renewable energy project.
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June 04, 2025
Lowe's Ex-Manager Drops Racial Bias, Retaliation Case
A former Lowe's Companies Inc. manager has agreed to drop her case against the home improvement retailer, in which she alleged she was treated differently, retaliated against and later fired for being Black.
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June 03, 2025
Adjustment Of Claims Ordered After $66M Boat Death Suit
A North Carolina federal judge granted a preliminary injunction ordering an adjuster to proceed with adjusting claims for insurers, including one related to a 2021 fatal Florida boat accident that resulted in a $66 million consent judgment against a policyholder.
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June 03, 2025
4th Circ. Revives Immigration Judges' Free Speech Suit
The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.
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June 03, 2025
4th Circ. Again Decertifies Marriott Data Breach Classes
The Fourth Circuit on Tuesday once again scrapped class certification of potentially millions of Marriott International Inc. guests in multidistrict litigation over a major data breach at the company's Starwood-branded hotels, finding the guests can't get around a class action waiver built into the rewards program.
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June 03, 2025
Air Force Major, Wife Drop Negligence Suit Against Marriott
A Marriott hotel operator in North Carolina accused of failing to prevent the robbery and sexual assault of an Air Force major in a Charlotte hotel has secured a voluntary dismissal from the major's negligence federal lawsuit, while other Marriott entities, the property owner and a parking management company remain as defendants, the parties said Tuesday.
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June 03, 2025
4th Circ. Backs NLRB Order On Trucking Co.'s Union Threat
The Fourth Circuit has upheld a National Labor Relations Board decision concluding a trucking company in Virginia made an illegal threat to workers in response to a union organizing push, and also clarified what messages from employers are protected under federal labor law.
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June 03, 2025
Calif. Mazda Oil Leak Deal Dooms NC Class Claims
Mazda has escaped class claims alleging leaky valve stems caused cars to burn excessive oil when a North Carolina federal judge ruled that the driver didn't opt out of a similar class action settlement across the country in California.
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June 03, 2025
Tech Co. Accuses Ex-Manager Of Pilfering Trade Secrets
A former senior account manager for a public and investor relations technology business emailed himself company secrets and tried to poach customers before he decamped for a competitor, according to a newly designated North Carolina Business Court complaint.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 03, 2025
Katten Adds 4 Ex-Kirkland Attys To Healthcare Practice
Katten Muchin Rosenman LLP announced Tuesday that it has hired two partners and two associates from Kirkland & Ellis LLP to boost Katten's regulatory and transactional expertise in the firm's healthcare practice.
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June 02, 2025
Despite 11-1 Split Warning, 7th Circ. Limits Use Of Mandamus
The Seventh Circuit shrugged off assertions that it has inexplicably adopted one-of-a-kind restrictions on change-of-venue challenges, refusing Monday to rethink its recent rejection of mandamus as a mechanism to fight forum selection decisions.
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June 02, 2025
Bed Skirt Biz Trial On Snooze After Partial Deal, Atty Exit
The joint owners of a commercial bed skirt company have all but settled their dueling claims of corporate mismanagement on the eve of trial, according to a notice filed Monday, though a lone holdout has forced the parties to recalibrate what remains of the case for a later trial.
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June 02, 2025
TitleMax Must Face NC Borrowers' Unfair Lending Suit
TitleMax can't duck a consumer complaint accusing it of predatory lending practices in North Carolina, a federal judge has said, finding that the auto title lender deliberately reached into the state to do business even if it doesn't officially operate there.
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June 02, 2025
Chinese Rival Shouldn't Get Code Docs, Micron Tells Justices
Micron Technology Inc. is asking the U.S. Supreme Court to block a Chinese semiconductor competitor from accessing paper copies of sensitive source code during patent infringement litigation, asserting in a petition that a lower court "ignored completely the national-security concerns tied up" in the dispute.
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June 02, 2025
Judge Denies UTC Bid To Block Liquidia's Lung Drug
A North Carolina federal judge has refused to temporarily block Liquidia Technologies Inc. from selling its own version of United Therapeutics Corp.'s blockbuster lung disease treatment Tyvaso.
Expert Analysis
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Surprise NC COVID Ruling Revises Reasonable Expectations
The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.