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North Carolina
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March 27, 2024
Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'
A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."
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March 27, 2024
NC Commissioner Says Insurance Mogul's Argument 'Mistaken'
The North Carolina insurance commissioner asked the state's Supreme Court on Tuesday to allow him to give his take on a group of insurers' lawsuit against embattled mogul Greg Lindberg that alleges he pilfered the insurance companies as owner, saying if the court lets him submit an amicus brief he'll explain how Lindberg's main argument is "mistaken."
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March 27, 2024
Marriott Hit With Negligence Suit After Break-In, Sex Assault
An Air Force major and his wife are accusing Marriott International Inc. and owners of a hotel in Charlotte, North Carolina, of negligent security, alleging that a repeat trespasser well known to hotel staff sexually assaulted and robbed the major in his room, according to a newly filed federal lawsuit.
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March 27, 2024
4th Circ. Overturns Fraud Ruling In Suit Over $4.5M Home Buy
The Fourth Circuit on Wednesday revived fraud claims brought by the buyers of a $4.5 million Virginia home who accuse the seller of lying about licenses and permits for improvements to lure them into the purchase, with the panel concluding a federal district court flubbed decisions on the claims.
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March 27, 2024
Advice-Of-Counsel Defense Curbed From NC Tax Fraud Trial
Two St. Louis attorneys and a North Carolina insurance agent can't fall back on advice-of-counsel defenses during their upcoming tax fraud trial after a federal judge found that they had failed to follow court orders requiring them to hand over information about the advice they sought.
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March 27, 2024
BCBS Can't Escape Therapy Coverage Suit
A North Carolina federal judge refused to throw out a proposed class action accusing Blue Cross Blue Shield of unlawfully refusing to cover proton beam therapy to treat prostate cancer, saying the case could remain in court if a state worker health plan is added as a defendant.
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March 26, 2024
Insurer Wants $29M Treble Damages Ruling Reversed In NC
An insurer has asked a North Carolina state appeals court to overturn a nearly $29 million ruling penalizing it for failing to defend an employee who crashed a company truck, killing his colleague, citing a policy exclusion for employee injury cases it said the trial court ignored.
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March 26, 2024
FTC Urges Court To Pause Novant's NC Hospital Deal
The Federal Trade Commission is urging a North Carolina federal court to pause Novant Health's $320 million deal for a pair of hospitals, contending the move would give Novant an "eye-popping" share of the hospital market in a Charlotte suburb.
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March 26, 2024
Insurance Mogul's Ex-Political Consultant Wants Own Retrial
A former political consultant charged alongside embattled insurance mogul Greg Lindberg wants their criminal retrial on wire fraud and bribery charges severed, telling a federal court that Lindberg's potential plan to throw him under the bus will destroy any defenses against the government's accusations.
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March 26, 2024
Starbucks Settles Worker's Suit Alleging Manager Groped Her
Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.
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March 26, 2024
SEC To Settle Fraud Suit With CEO Of North Carolina CBD Co.
The U.S. Securities and Exchange Commission and the North Carolina CBD company CEO it accused of self-dealing and defrauding investors in a fund he ran has asked a federal judge to pause the government's case, telling the court they have reached a settlement.
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March 26, 2024
DOL Urges 4th Circ. To Keep $9M Nurse Classification Ruling
A medical staffing company is trying to circumvent clear error standards simply because it didn't like a federal court's conclusion that the company must pay $9 million in a misclassification suit, the U.S. Department of Labor told the Fourth Circuit.
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March 26, 2024
NC Software Execs Ask To Raze Payroll Tax Fraud Conviction
Two former software executives found guilty of failing to pay hundreds of thousands of dollars in employment taxes have sought to wipe out their conviction based on what they allege was insufficient evidence presented by the government at trial.
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March 26, 2024
NC Justices Find BofA Mortgage Fraud Suit Filed Too Late
The North Carolina Supreme Court has ruled that homeowners accusing Bank of America NA of fraud in a mortgage modification program filed their claims too late, finding they knew or should have known about the alleged fraud when their homes were foreclosed upon — four to seven years before they sued.
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March 26, 2024
Wells Fargo Denies Liability Over Texas Atty's Fraud Scheme
Arguing a San Antonio lawyer's widespread fraud scheme predated his relationship with the bank, Wells Fargo has asked a Texas federal judge to trim a suit launched by the attorney's former clients, who accused the bank of enabling the scheme that landed the attorney behind bars for 50 years.
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March 25, 2024
4th Circ. Sides With Trump Jr. In Ex-Coal CEO's Libel Suit
A Fourth Circuit panel on Monday upheld Donald Trump Jr.'s win against former coal company CEO and U.S. Senate candidate Don Blankenship's defamation suit, saying there's no evidence Trump Jr. acted with actual malice when he called Blankenship a "felon" — instead of a person convicted of a federal misdemeanor — on social media.
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March 25, 2024
NC Justices Undo Stacking Auto Insurance Coverage
The North Carolina Supreme Court has overruled 30 years of intermediate appellate court adherence to "stacking" underinsured motorist policies, ruling the plain language of a state law only allows that type of coverage to be combined among policies on a vehicle involved with a collision.
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March 25, 2024
NC High Court Vacates Workers' Comp For Weight Loss Surgery
A divided North Carolina Supreme Court has adopted a test for determining when someone is entitled to workers' compensation for treatment related to their workplace injury and, in doing so, reversed a ruling finding a preschool must pay for an employee's weight loss surgery.
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March 25, 2024
NC Judge Agrees To Suspension After Lying For Jailed Son
A North Carolina judge has agreed to a 120-day suspension for a "pattern of problematic conduct" that included lying to a magistrate in an attempt to spring her son from jail and for closing a courtroom without permission, according to state Supreme Court order.
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March 25, 2024
Pool Co. Objects To Rival Counsel's Exit After $15M Verdict
A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.
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March 25, 2024
Divided NC High Court Backs Insurer's Mailer Coverage Win
A deadlocked North Carolina Supreme Court has left undisturbed a lower court's ruling that an insurer needn't cover a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims.
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March 25, 2024
NC Justices Deadlock On Reviving Investors' $9M Fraud Suit
The North Carolina Supreme Court has deadlocked on deciding whether to revive negligence claims against a hedge fund administrator for failing to flag what turned out to be a $9 million Ponzi scheme, meaning a lower court ruling favoring the administrator will stand.
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March 25, 2024
Kirkland Guides Ingersoll Rand On $2.3B ILC Dover Buy
Kirkland & Ellis LLP is representing Ingersoll Rand on a new agreement to buy ILC Dover from private equity firm New Mountain Capital for more than $2.3 billion, part of Ingersoll's plan to bolster its life sciences business, the industrial products company said Monday.
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March 22, 2024
Patient Asks NC Justices To Skip Immunity Review Of Virus Law
A patient who claims she nearly died from a botched hysterectomy urged the North Carolina Supreme Court to ignore a hospital's bid to expand the immunity healthcare providers can receive under the state's COVID-19 emergency law, arguing the medical providers conflate common law and statutory immunity.
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March 22, 2024
Trims Recommended In Zelle Fraud Victims' Case Against BofA
A North Carolina federal magistrate judge has recommended trimming claims in a proposed class action that alleges Bank of America NA didn't compensate for or adequately investigate scammers' unauthorized Zelle transactions despite assurances to victims who lost thousands of dollars.
Expert Analysis
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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What 4th Circ. Military Lending Case Means For Auto Finance
While auto financing dealers can breathe easy for now after the Fourth Circuit's decision in Davidson v. United Auto Credit Corporation confirmed that guaranteed asset protection plans are exempt from Military Lending Act protections, the government may still attempt to address the issue in future rulemaking, say Sasha Leonhardt and Cierra Newman at Orrick.
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Cities Should Explore Minn. Municipal Alcohol Store Model
Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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As EVs Surge, Regs For Charger Warranties Remain Murky
Even as electric vehicles move rapidly into the mainstream, extended warranties for EV chargers do not always fit clearly into existing regulatory categories — but how such contracts are classified can have serious implications for the companies that issue and sell them, say attorneys at Locke Lord.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.