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North Carolina
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March 27, 2025
Chamber Asks Justices To Review Duke Energy Monopoly Suit
The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.
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March 27, 2025
Insurer Can't Escape Auto Co.'s $50M COVID Coverage Suit
An insurer can't escape an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19-related losses, a North Carolina federal court ruled, saying the manufacturer sufficiently alleged that its losses are covered under the policy's communicable disease endorsement.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
NC Biz Court Limits Testimony In Smithfield Coverage Trial
A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.
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March 27, 2025
Life Sciences REIT Says Ex-Employee Stole Trade Secrets
Alexandria Real Estate Equities Inc. filed suit against a former employee in Massachusetts federal court, alleging that he stole a trove of proprietary information as he was planning to leave the company.
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March 27, 2025
Dutch Software Co. Tells 4th Circ. To Pause Trial After Atty DQ
A Dutch software company is taking another stab at delaying its impending trademark trial with an American rival, telling the Fourth Circuit that it should not be forced to proceed after the district court held one of its attorneys in contempt and essentially disqualified him.
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March 27, 2025
Jordan's NASCAR Team Fires Back At League's Cartel Claim
Michael Jordan's racing team has urged a North Carolina federal judge to toss NASCAR's counterclaim in an antitrust suit against the league, arguing that the stock car racing company has failed to lay out enough detail on the alleged cartel Jordan's team and others purportedly formed to harm its business.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
3 Firms Guide Nuclear Power Startup's $925M SPAC Merger
Nuclear power developer Terrestrial Energy Inc. plans to go public by merging with special purpose acquisition company HCM II Acquisition Corp. at a $925 million equity value under guidance from three law firms, both parties announced Wednesday.
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March 26, 2025
4th Circ. Says Credit Union Not Liable For Fraudulent Transfer
A Fourth Circuit panel on Wednesday reversed a lower court ruling that held a credit union liable for a scammer's use of its services to swindle a metal fabricator out of $560,000, ruling that banks aren't on the hook for misdescribed fund transfers without "actual knowledge" of the discrepancy.
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March 26, 2025
Wings Restaurant Illegally Retains Tips, Server Says
Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.
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March 26, 2025
AGs Seek 1st OK For $39M Apotex Deal In Price-Fixing Case
A coalition of 50 state attorneys general on Wednesday asked a Connecticut federal judge to accept a $39.1 million deal settling claims that pharmaceutical company Apotex Corp. schemed with others to fix generic-drug prices, with 70% earmarked for a restitution fund and 30% for consumer notices and attorney fees.
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March 26, 2025
NCAA Can't Use NY Case To Halt NC State '83 Team's NIL Suit
North Carolina's business court refused to pause an antitrust lawsuit brought by members of the 1983 North Carolina State University men's basketball national championship team who accuse the NCAA of illegally using their likenesses, ruling the organization had failed to show it would suffer a "substantial injustice" without a stay.
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March 26, 2025
Hospital To Face Doctor's Libel Claim Over Suspension Report
A North Carolina federal judge has dismissed claims for breach of good faith and emotional distress from a gynecological oncologist's defamation suit against the hospital where he used to work, but let libel and loss of job opportunity claims continue in line with a magistrate judge's recommendation.
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March 26, 2025
Ex-CEO Says McGuireWoods Can't Rehash Immunity Appeal
McGuireWoods LLP and one of its former partners are rehashing immunity defenses in a last-ditch effort to dodge a long-running defamation case, the former CEO of a managed care organization told the North Carolina Court of Appeals in seeking to have the case kicked back down to the trial court.
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March 26, 2025
Even With Few Openings, Courts Can Still Shift Under Trump
There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.
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March 25, 2025
North Carolina OSHA 'Incentive' Suit Dismissed Again
North Carolina labor officials have once again dodged a corrosion control company's lawsuit claiming the state agency wrongfully incentivized workplace safety inspectors to find violations, after a federal judge accepted a magistrate judge's analysis that the latest suit largely copied one that had already been tossed.
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March 25, 2025
Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.
Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.
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March 25, 2025
Insurance Mogul Seeks To Overturn $122M Contempt Order
A convicted billionaire embroiled in lawsuits over the demise of his insurance empire wants out of a nine-figure contempt order, telling the North Carolina Court of Appeals that neither he nor his company has the ability to pay more than $122 million to purge the contempt.
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March 25, 2025
NC Justices Agree To Hear Traffic Stop Smell Test Appeal
The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.
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March 25, 2025
Phillies Sue To Keep Player Stats Program Exclusive
The Philadelphia Phillies took the owners of a baseball statistics and analytics program it paid extra to have exclusive access to into Pennsylvania state court for allegedly working to "circumvent" that exclusivity and sell parts of the system to other teams.
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March 25, 2025
Staffing Co. Workers Can't Get Class Status In NC Wage Suit
Staffing firm employees can't proceed as a class in their lawsuit accusing their employer of failing to pay them a minimum wage, a North Carolina federal judge ruled, because they can't show that all the workers were subject to the same common policies.
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March 25, 2025
Womble Bond Atty's Contempt Order Isn't Final, 4th Circ. Told
A federal judge's order holding a Womble Bond Dickinson partner in contempt of court over misrepresentations he allegedly made to a foreign tribunal isn't a final decision capable of being appealed, a software company told the Fourth Circuit in seeking to have the appeal tossed.
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March 25, 2025
4th Circ. Won't Rehear Drug Price-Fixing Class Action
The Fourth Circuit said Tuesday it will not hold a full court rehearing of its panel decision to back the dismissal of a proposed class action accusing drugmakers of conspiring and inflating the price of a medication for Huntington's disease, a suit the panel called "shaky at best."
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March 24, 2025
NC Urges Court To Rule Fla. Realty Co. Duped Homeowners
The North Carolina Attorney General's Office has urged a state business court to find that a Florida real estate company targeted homeowners and tricked them into signing long-term predatory agreements in exchange for small cash advances, saying it is undisputed that the law was broken.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.