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North Carolina
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March 19, 2025
Plane Parts Maker Beats NC Appeal In Fatal Crash Suit
Continental Aerospace Technologies Inc. defeated an appeal of its win in a products liability lawsuit stemming from the deaths of two pilots who crashed in one of the manufacturer's planes, with the North Carolina Court of Appeals ruling the plaintiffs failed to differentiate their claims of a defective engine manual with those about the allegedly faulty aircraft.
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March 19, 2025
Procedural Flub Ends Peeping Nurse Appeal, NC Panel Says
A North Carolina state appellate panel on Wednesday axed an appeal in a negligence suit alleging a county allowed a nursing assistant to secretly film women at a county-owned clinic, saying the court lacks jurisdiction because the order being appealed wasn't final.
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March 19, 2025
NC Captive Insurer's Owner Can't Shirk Self-Dealing Claims
North Carolina's business court has largely rejected a majority shareholder's efforts to curtail claims he seized control of a captive insurance company only to run it into the ground, finding the suit sufficiently ties him to unpaid premiums that dried up the insurer's sole source of revenue.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Ex-Worker Says Honeywell Must Face Retooled 401(k) Suit
A former Honeywell International Inc. worker urged a New Jersey federal judge to reject the aerospace and manufacturing company's bid to toss his amended proposed class claims targeting how the company used forfeited 401(k) funds, arguing that he plausibly pled his allegations.
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March 18, 2025
Duke Energy Says NC Town Can't Pin Climate Harms On It
Duke Energy Corp. has asked a North Carolina state court judge to dismiss a town's lawsuit accusing the company of a decades-long "deception campaign" about climate change.
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March 18, 2025
Convicted Insurance Mogul's Co. Liable For $57M Fraud
A Malta-based advisory firm controlled by convicted insurance mogul Greg Lindberg violated the Investment Advisers Act of 1940 by helping facilitate his misappropriation of $57 million in client funds, a North Carolina federal court ruled, noting Lindberg and another firm executive already admitted to fraud in separate consent judgments.
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March 18, 2025
Kaiser Insurer Says Ch. 11 Plan Doesn't Protect Against Fraud
Truck Insurance Exchanged told a panel of Fourth Circuit judges Tuesday that the confirmed Chapter 11 plan of Kaiser Gypsum Co. should be overturned as a bad faith filing because it doesn't impose simple measures to prevent asbestos injury claim fraud.
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March 18, 2025
Administrative Leader Of US Courts Retires From NC Bench
U.S. District Judge Robert J. Conrad Jr. has stepped down from the Western District of North Carolina after 20 years on the federal bench, leaving the longtime jurist to focus on his role as director of the Administrative Office of the U.S. Courts, Law360 exclusively learned Tuesday.
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March 18, 2025
NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.
An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.
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March 18, 2025
Whistleblower Says Perdue Farms' DOL Battle Is Premature
A whistleblower pursuing retaliation claims against Perdue Farms Inc. at the U.S. Department of Labor over the company allegedly sending him unhealthy chickens to raise after he raised concerns about the company's sanitation standards urged a North Carolina federal judge to throw out the poultry producer's case, arguing the court lacks jurisdiction.
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March 17, 2025
Gogo Says Rival Pivoted From Competing To Suing
In-flight entertainment company Gogo Business Aviation wants out of a $1 billion lawsuit accusing it of wielding its monopoly over air-to-ground broadband tech to keep competitors at bay, telling the court that SmartSky is just trying to convert their intellectual property dispute into an antitrust one.
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March 17, 2025
4th Circ. Revives Tenant's FCRA Suit Over Disputed Debt
The Fourth Circuit has revived a tenant's lawsuit over an allegedly bogus charge from her landlord, ruling that collection agencies are not exempt from their obligation to investigate Fair Credit Reporting Act claims if they involve a legal dispute.
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March 17, 2025
Energy Co. Urges FERC To End $1B Enforcement Case
An energy efficiency aggregator on Monday urged the Federal Energy Regulatory Commission to drop its pursuit of nearly $1 billion in penalties for disputed market manipulation and tariff violations, an enforcement case the company has already asked a federal judge to declare unconstitutional.
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March 17, 2025
NC AG Fights TikTok's Early Exit From Addiction Suit
North Carolina is pushing back on TikTok's bid to sidestep a lawsuit accusing it of knowingly addicting young users to its platform, arguing that the state court has jurisdiction because the company has engaged directly with "over a million children and teens" within its borders.
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March 17, 2025
4th Circ. Tosses HOA Closing Fees Suit
The Fourth Circuit tossed a North Carolina property owner's proposed class action alleging that a property management company unlawfully charged excessive closing fees when she sold two properties.
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March 17, 2025
NC Appeals Court Leaves Judge's Ballot Challenge To Panel
The full North Carolina Court of Appeals has shot down Democratic Justice Allison Riggs' request for an en banc hearing of her Republican challenger's suit seeking to throw out more than 60,000 ballots cast in their race for a seat on the state's highest court, leaving the dispute for a panel to decide first.
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March 17, 2025
Jordan's Race Team Defends NASCAR Injunction To 4th Circ.
A pair of stock car race teams including one owned by Michael Jordan urged the Fourth Circuit not to vacate a lower court's injunction allowing them to keep competing in NASCAR races while they pursue antitrust claims against the league, arguing NASCAR's "overblown rhetoric" against the order falls flat.
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March 14, 2025
Justices Set Deadline In Birthright Citizenship Injunction Row
The U.S. Supreme Court on Friday gave states and organizations challenging President Donald Trump's executive order aimed at limiting birthright citizenship until early next month to address Trump's request for the high court to limit three federal judge's injunctions that preliminarily blocked the order's implementation across the U.S.
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March 14, 2025
11th Circ. Again Upholds Fla. Ban On Under-21 Gun Sales
Florida's law banning sales of firearms to anyone under 21 is constitutional, a divided Eleventh Circuit ruled Friday on en banc review, finding that America's 18- to 20-year-olds have had their gun rights checked since the nation's founding.
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March 14, 2025
Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.
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March 14, 2025
4th Circ. Dubious Of Private Island's Win In Fair Housing Fight
The Fourth Circuit on Friday seemed poised to upend a lower court ruling siding with a gated community in a discriminatory housing suit brought by the developer of a proposed assisted living facility, with one judge lamenting a lack of analysis on whether the facility's accommodation request was necessary and reasonable.
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March 14, 2025
NC Ex-Doctor Gets 2.5 Years For Drug Test Billing Scheme
A 72-year-old doctor in North Carolina was sentenced Friday to two and a half years in prison and ordered to hand over $2 million in restitution for a fraudulent billing scheme involving medically unnecessary drug tests, prosecutors said.
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March 14, 2025
Wash. Justices Side With Shopper In Lowe's Fallen Fence Suit
Washington's high court has sided with a customer suing Lowe's after she was injured by a fallen roll of fencing at an Evergreen State store, saying a judge or jury should decide whether the retailer could have anticipated the hazard given the self-service style of the store.
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March 14, 2025
4th Circ. Reluctant To Loosen EEOC Charge Requirement
A Fourth Circuit panel seemed hesitant Friday to revive a bias case from a worker whose presuit U.S. Equal Employment Opportunity Commission charge didn't specifically name one of the entities he hauled into court, with one judge expressing "apprehension" about adopting a widely used exception to charge filing rules.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.