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North Carolina
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July 29, 2025
22 States Sue To Block Defunding Of Planned Parenthood
California and more than 20 other states on Tuesday launched their own legal challenge to budget legislation that halts federal Medicaid funding for Planned Parenthood, alleging the measure illegally targets the organization and violates its First Amendment rights.
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July 29, 2025
Justices Can Fix Circuit Split On Compassionate Release
The First Step Act drastically reduced the mandatory minimum sentences for certain federal crimes, but it will be up to the U.S. Supreme Court to settle a 6-4 circuit split over whether courts can consider those changes when weighing a prisoner's compassionate release, attorneys tell Law360.
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July 29, 2025
4th Circ. Rejects BofA's Claim Of Tax Offsets After Mergers
Bank of America cannot use its tax overpayments to offset interest on tax underpayments by Merrill Lynch just because the two companies later merged, the Fourth Circuit affirmed Tuesday in a $163 million case that affects more than 20 years' worth of tax adjustments.
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July 29, 2025
NC Engineer Says Green Energy Co. Withheld Stock Options
A former engineer at a North Carolina climate technology company sued his ex-employer, claiming the company and its board refused to let him exercise his stock options after he left for another green energy business.
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July 29, 2025
Pharma Co. Blasts Adversary For Nudging Judge Assignment
A pharmaceutical solutions group has assailed its opponent's "hurry-up-court" motion nudging the appointment of a new judge after the previous judge overseeing their contract fight retired, saying its adversary "has only itself to blame" for the alleged delays that have put off a final resolution.
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July 28, 2025
NCAA Tennis Players Score Class Cert. In Antitrust Suit
A North Carolina federal judge on Monday certified two classes of college tennis players who claim that National Collegiate Athletic Association rules governing prize money violate antitrust law, finding that the players have presented a common issue that can be resolved on a classwide basis.
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July 28, 2025
NeoGenomics Wants Jury Trial In Natera DNA Test Patent Fight
NeoGenomics Laboratories Inc. told a North Carolina federal judge that a company suing it for patent infringement over DNA cancer test technology, Natera Inc., had no right to withdraw its demand for a jury trial and move forward with a bench trial.
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July 28, 2025
Splenda-Maker Says Emails Show NC Scientist Ignored Data
The makers of Splenda said new emails and documents unearthed in discovery for its defamation lawsuit against a scientist show that she ignored and manipulated experiment data to suggest that the artificial sweetener is dangerous for humans.
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July 28, 2025
Eli Lilly Alleges Pharmacy Sells Knockoff Weight-Loss Drugs
Eli Lilly and Company is accusing a Houston pharmacy of selling knockoff versions of two of its Ozempic-like weight-loss drugs.
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July 28, 2025
Judge OKs $18.5M Johns Hopkins Deal, Sets Aid Fixing Trial
An Illinois federal judge has set a November 2026 trial date in a sprawling antitrust case accusing elite universities and colleges of fixing financial aid offerings, saying Monday that he wanted the target date in mind given that the trial is likely to last multiple weeks.
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July 28, 2025
NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim
Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.
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July 28, 2025
State Justices' Financial Disclosures 'Didn't Get Worse' In '24
Several states are making information about their Supreme Court justices' finances and potential financial conflicts somewhat more accessible, according to a new report.
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July 28, 2025
Atty Loses Pro Hac Vice Status In NC For Habitual Practice
A North Carolina Business Court judge has yanked a Minnesota lawyer's temporary permission to appear in his court based on a prolific number of previous appearances, saying North Carolina bars attorneys from "practicing habitually" in its courts without a North Carolina license.
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July 28, 2025
Store Managers Say Shoe Co.'s OT Violations Were Common
A shoe retailer had a common policy of requiring store managers to work outside their shifts, two former employees of the company said, urging a North Carolina federal court to greenlight a collective in their overtime suit.
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July 25, 2025
In New Twist, W.Va. Judges Suddenly At Odds In Opioid Suits
A new ruling in West Virginia opioid crisis litigation is revealing sharp divisions among the Mountain State's federal judges regarding a pivotal legal theory, potentially boosting a Fourth Circuit appeal by beleaguered municipalities aiming to erase a landmark win for drug distributors.
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July 25, 2025
4th Circ. Revives Kraft Heinz Suit Over Safety Complaints
The Fourth Circuit on Friday overturned a win for Kraft Heinz Inc. in a suit by a former worker at a meatpacking plant who alleged that he'd been fired for reporting safety issues, saying the district court wrongly concluded that a separate disciplinary investigation was the sole reason he was terminated.
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July 25, 2025
Real Estate Recap: Private REITs, Farms, Crypto In Escrow?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on private real estate investment trusts, national security concerns raised by farmland and a recent California listing that could lead to the state's largest real estate deal using digital currency.
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July 25, 2025
Solar Developer Claims NC County's Permit Denial Was Biased
A "needlessly and excessively combative" board of county commissioners in North Carolina unconstitutionally blocked a solar energy developer's project based on personal issues, according to the company's lawsuit.
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July 25, 2025
4th Circ. Sends Power Plant Labor Row Back To Arbitration
The Fourth Circuit ruled Friday that Wheeling Power Co.'s attempt to vacate an arbitrator's finding of liability in favor of a coal plant's labor union was premature because the decision wasn't final when Wheeling Power took the issue to court.
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July 25, 2025
Property Owner Claims Partner Failed To Develop SC Land
A South Carolina property owner sued its business partner in North Carolina federal court, accusing the company of failing to carry out its promise to develop about 75 acres of land after the county designated the area as historic.
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July 25, 2025
4th Circ. Denies Inmate's Habeas Despite 'Kafkaesque' Delays
The Fourth Circuit has affirmed a West Virginia federal court's dismissal of a convicted murderer's bid to get out of prison, finding that although his rights may have been violated by "Kafkaesque," decadeslong delays and ineffective counsel, he was nevertheless able to find resolution in state court.
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July 25, 2025
4th Circ. Backs Maryland Contractor's Fraud Conviction
A Fourth Circuit panel affirmed a Maryland man's conviction and 45-month prison sentence for selling misrepresented video teleconference equipment and related services to the U.S. government, rejecting his challenges to a jury instruction and sentence enhancement.
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July 24, 2025
NC Judge Reins In Row Over Clinical Trial Software Contract
A 6-year-old breach of contract suit got pruned on its second trip to North Carolina's business court Wednesday, with defendant Pharmaceutical Research Associates Inc. winning partial summary judgment against former PRA employee Neil Raja and the healthcare technology company he founded, Value Health Solutions Inc.
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July 24, 2025
Insurer Asks 4th Circ. To Nix $1.1M Roof Damage Verdict
An insurer specializing in covering religious organizations asked the Fourth Circuit to set aside a $1.1 million jury verdict it faces over roof damage that a North Carolina church said was caused by snow, arguing the lower court's jury instructions adopted the wrong causation standard.
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July 24, 2025
Networking Co. Ends Fired President's HR Retaliation Suit
Business Network International and its former U.S. president have agreed to end the ex-leader's suit claiming he was fired for complaining that a male executive made crude comments toward female colleagues, according to a North Carolina federal court filing.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.