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North Carolina
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August 29, 2025
Fortnite Maker Says Patent Claims Too Abstract For IP Suit
Epic Games Inc. urged a North Carolina federal judge to throw out a suit alleging that player-to-player messaging options in its popular Fortnite video game infringe patents held by a California company.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
NC Tex-Mex Chain Says Ex-Employee Defected With Recipes
The owner of a string of Tex-Mex restaurants has accused a former employee in North Carolina Business Court of taking the chain's proprietary recipes, menus, drinks and decor several states away to use at another restaurant in Missouri.
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August 29, 2025
NC Biz Court Crops Doctors' Dispute Over Practice Split
A state court judge has pared down claims against a North Carolina doctor in a messy legal dispute with his former business partners, finding they failed to show how he breached a settlement agreement governing their separation and that his allegedly disparaging remarks about another doctor don't rise to the level of causing extreme emotional distress.
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August 29, 2025
NeoGenomics Scores Win In Natera DNA Test Patent Suit
A North Carolina federal judge put an end to genetic testing company Natera Inc.'s lawsuit accusing NeoGenomics Laboratories Inc. of patent infringement over DNA cancer test technology, finding the patent claims at issue are invalid.
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August 29, 2025
States Say White House Caved In AmeriCorps Cut Fight
A coalition consisting of Maryland, two dozen other states and D.C. that is challenging the Trump administration's attempts to slash AmeriCorps programs and withhold funds announced Friday the White House has chosen to release nearly $185 million as it faced "a blistering legal defeat."
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August 28, 2025
'Animosity' In NASCAR Suit Raises Red Flag For NC Judge
A North Carolina federal judge on Thursday cautioned out-of-state counsel in the NASCAR antitrust litigation to familiarize themselves with how a Charlotte jury thinks after they traded backhanded barbs in front of a packed courtroom, saying trial tactics that might pass in other states won't work in the Queen City.
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August 28, 2025
Barings Denied Ex-Employee Emails In Corporate Raid Case
Investment giant Barings LLC can't force five former employees to hand over their personal emails and text messages in a corporate-raiding suit because their current employer doesn't have them, nor does it have a right to them, a North Carolina Business Court judge ruled.
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August 28, 2025
Truist, Ex-Execs Clash In Bids To End Poaching Dispute
Charlotte, North Carolina-based Truist Financial Corp. and its mortgage banking arm resisted a bid for a pretrial win by its former executives' new employer, arguing that troves of evidence sustain its claims that over 50 employees were illegally poached, costing the bank tens of millions of dollars in losses.
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August 28, 2025
Accounting Firm Sued Over Breach Of Easterseals Data
A North Carolina-based accounting firm was hit with a class action on Thursday alleging it failed to protect personal information and health data of children, veterans and disabled people entrusted to it by Easterseals Inc.
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August 28, 2025
Hotel Group Says Insurer Owes $12.5M For Helene Losses
A hotel group said it is entitled to recover $12.5 million from a Liberty Mutual unit for business interruption losses stemming from Hurricane Helene, the company said, telling a North Carolina federal court that the insurer has unjustifiably and in bad faith refused to provide coverage.
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August 27, 2025
4th Circ. Upholds Va. County's 'Sensitive Places' Gun Bans
The Fourth Circuit on Wednesday upheld a Virginia county's ban on guns in public parks and left in place its ban near county-permitted events, leaning on U.S. Supreme Court dicta on school gun bans and ruling that plaintiffs hadn't shown enough to sustain their facial challenge to the restrictions.
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August 27, 2025
FCC Pressed To Expand NC Carrier's High-Cost Aid
North Carolina telecom Carolina West says it needs more money from the federal government to continue operating at its current level in high-cost remote areas, and a coalition of its peers has told the Federal Communications Commission that it agrees.
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August 27, 2025
Negligence Suit Over Arrest On Stale Warrant Gets New Life
A Fourth Circuit panel Wednesday vacated a South Carolina county clerk's summary judgment win against allegations that her negligence resulted in a man being arrested twice over the same unpaid child support dispute, kicking the case back to trial court for new proceedings.
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August 27, 2025
Investors Push 4th Circ. To Revive Auto Parts Fraud Suit
Investors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things.
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August 27, 2025
DOD Education Unit Accused Of Bias By Assistant Principal
A Black, longtime employee of the Department of Defense Education Activity has sued the agency and its leaders in North Carolina federal court, alleging a lower school principal harassed her, that she was denied promotions based on her race and sex and is being unfairly terminated.
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August 27, 2025
Splenda Maker Knows It Contains Toxic Chemical, Scientist Says
A scientist accused of falsely stating that Splenda contains cancer-causing chemicals asked a North Carolina federal court to amend her counterclaims, alleging that Splenda-maker TC Heartland LLC has performed tests showing the sweetener contains the very chemical she warned of.
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August 27, 2025
Widow Wasn't Forced Into Sewage Settlement, 4th Circ. Told
The city of Charlotte, North Carolina, told the Fourth Circuit it did not pressure a widow to settle her property damage claims stemming from a sewage backup in her home, saying she was represented by a lawyer and was in good mental and physical health when she accepted the deal.
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August 27, 2025
Feds, Blue States Clash Over Future Of EV Funding Fight
The Trump administration says its recent decision to release funding for new electric-vehicle charging infrastructure moots Democratic-led states' litigation challenging the prior revocation of the funding, but the states said they're still being harmed and their lawsuit should proceed.
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August 27, 2025
Judge Scolds Atty In Katt Williams Case For 'AI Hallucinations'
A Georgia federal judge warned the attorney representing four women who are suing the comedian Katt Williams that she could face "serious discipline" for filing a brief he described as riddled with "AI hallucinations."
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August 27, 2025
Co-Founder Says Weapons Tech Co. Undercut Stock Buy
A co-founder of Armaments Research Co. sued the artificial intelligence-enabled weapons sensor company in North Carolina's business court, alleging that it failed to abide by their agreement to buy back his founding shares after he left the company.
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August 27, 2025
Grubhub Agrees To Pay $7M To End Restaurants' TM Suit
Several restaurants told an Illinois federal judge they have reached an agreement with Grubhub under which the food delivery service will pay $7.1 million to resolve claims it used their trademarks without permission.
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August 27, 2025
NC City Scraps Race-Based Board Criteria To End Bias Suit
The city of Asheville, North Carolina, has agreed to remove race qualifications from the appointment process for a volunteer advisory board, resolving racial discrimination claims brought by five residents who said their applications were rejected because they are white.
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August 26, 2025
Capital One Beats Robocall Class Cert. Appeal At 4th Circ.
The Fourth Circuit has affirmed that consumers who accused Capital One of violating consumer protection laws by leaving prerecorded messages on their cell phones cannot be certified as a class, agreeing that it would be too difficult to ascertain members of the proposed class who weren't customers of the bank.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.