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North Carolina
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July 24, 2025
NC Urges 4th Circ. Not To Block Vape Regs During Appeal
North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.
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July 23, 2025
Red Wolf Survival Relies On Redesignation, Judge Told
A conservation lawyer told a North Carolina federal judge in a dueling motions hearing Wednesday the state's experimental population of red wolves is still imperiled, arguing in federal court that the government needs to take another look at a petition to grant the wolves tighter protections.
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July 23, 2025
North Carolina AG Defends Power To Pursue PFAS Suit
North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.
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July 23, 2025
FWS Wrongly Approved Bird-Harming Pesticide, Judge Says
A North Carolina judge on Wednesday revoked the federal government's approval of a pesticide that is toxic to birds for use as an algal bloom control measure at a lake in a wildlife refuge, saying regulators bungled the environmental review.
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July 23, 2025
4th Circ. OKs Firing Of Worker After Pregnancy Complications
The Fourth Circuit upheld a win for media giant Nexstar in a former account executive's pregnancy disability discrimination suit, finding the accommodations she'd proposed for her postpartum health issues were not reasonable for the company.
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July 23, 2025
Firm Can't Arbitrate After Filing Suit, 4th Circ. Says
A Maryland law firm and a debt buyer cannot force a debt collection dispute into arbitration, the Fourth Circuit ruled Wednesday, finding they waived their right to arbitrate when they filed their own collective action.
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July 23, 2025
Race, Sex Bias Claims Against British Automaker Trimmed
The former director of public relations and marketing for Ineos Automotive Americas LLC failed to support her claims that the automotive company discriminated against her because of her race and sex, but her wage and hour claims can continue, a North Carolina federal court has ruled.
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July 23, 2025
No New General Causation Opinions In Camp Lejeune Case
A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.
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July 23, 2025
4th Circ. Says Gov't Is Immune From Contractor Negligence Suit
The Fourth Circuit said the Defense Intelligence Agency is immune from a polygraph examiner's suit alleging an employee's negligence caused her to get into a car accident outside the agency's offices, affirming a Virginia federal judge's dismissal of her suit.
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July 22, 2025
DOJ Backs Door Maker's Divestiture Order In 4th Circ. Appeal
The U.S. Department of Justice cleared a door maker's merger twice by the time a rival challenged the tie-up in court and won a landmark divestment order, but now the government is standing behind the company that won the order and asking the Fourth Circuit to keep it in place.
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July 22, 2025
Jordan's Team Says NASCAR Is Trying To 'Rewrite History'
Michael Jordan's NASCAR team 23XI Racing accused the private stock car racing organization of filing a bad faith countersuit in the parties' antitrust battle, using it to extract a valuable aspect of a joint charter agreement.
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July 22, 2025
NC Judge OKs $318M For Lindberg Victims From Asset Sale
A federal judge in North Carolina on Tuesday signed off on a special master's request to divvy up $318 million from the sale of one of convicted insurance mogul Greg Lindberg's most valuable assets to help pay back the insurance companies he is accused of defrauding.
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July 22, 2025
4th Circ. Backs Medicaid Fraud Conviction, 17-Year Sentence
A North Carolina lab owner lost his bid Tuesday to overturn his healthcare fraud conviction after the Fourth Circuit found evidence against him to be sufficient and the terms of his sentence reasonable.
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July 22, 2025
NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit
A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.
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July 22, 2025
4th Circ. Lets End Of Afghan Protected Status Move Forward
The Fourth Circuit has lifted an administrative stay blocking the Trump administration's attempt to end Temporary Protected Status for Afghans and Cameroonians, allowing those efforts to move forward while the litigation proceeds.
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July 22, 2025
Old Dominion Inks $1.9M Deal To End 401(k) Fee Suit
Old Dominion Freight Line has pledged to pay $1.9 million to settle Employee Retirement Income Security Act litigation claiming the trucking company failed to keep its 401(k) plan's fees low, a group of workers requesting approval of the settlement told a North Carolina federal judge.
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July 22, 2025
4th Circ. Affirms $190M Trademark Verdict Against Vivint
Smart home software company Vivint on Tuesday lost its appeal seeking to overturn a nearly $190 million verdict in which a North Carolina jury found it liable for deceiving customers of a rival local security company, with the Fourth Circuit finding there was enough evidence to support the award.
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July 22, 2025
Tax Software Co. Avalara, Universal Music Submit IPO Plans
Avalara Inc. and music giant Universal Music Group NV have confidentially filed plans for initial public offerings with the U.S. Securities and Exchange Commission, marking the latest two companies to join the private-to-public pipeline.
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July 22, 2025
Fiat Chrysler Denies Misleading Court Over Settlement Delays
Fiat Chrysler told a Michigan federal judge on Monday that changes to management and internal procedures are in part to blame for the continued delay in submitting documents to finalize a deal resolving allegations that the automaker sold vehicles with engines prone to catching fire, urging the court not to sanction the company.
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July 21, 2025
Copyright And TM Cases To Watch In The Second Half Of 2025
The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Builder Accuses NC County Of Losing $1.3M In Phishing Scam
A general contractor is suing to recoup the cost of renovating a county administrative building in eastern North Carolina after local officials fell for a phishing scam and sent more than $1.3 million in payments for the project to fraudsters, according to a state court complaint.
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July 21, 2025
NCAA Says Ohio NIL Case Ruling Ends NC Spat
The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.
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July 21, 2025
4th Circ. Reverses Portion Of Railroads' Broadband Suit
The Fourth Circuit has ruled that the Association of American Railroads has standing to challenge a Virginia state law requiring railroads to allow for broadband crossings, reversing a trial court decision and dealing another blow to a law that the Virginia Supreme Court already gutted on state constitutional grounds in May.
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July 21, 2025
Travelers Unit, NC Door Maker Settle Excess Insurance Fight
A Travelers unit has resolved a North Carolina door manufacturer's lawsuit seeking $10 million in excess coverage from the insurer to help cover a $39.5 million securities class action settlement, court records show.
Expert Analysis
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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.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Open Questions In Unsettled Geofence Warrant Landscape
The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.