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North Carolina
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Kioti Execs Siphoned $7.7M Through Service Scheme, Suit Says
Former executives for the maker of Kioti tractors and mowers siphoned away nearly $7.7 million from the company through an exploitative and self-dealing scheme with a financial services business, the manufacturer said in a North Carolina Business Court complaint filed Friday.
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
4th Circ. Sees Path For Deportee To Return, But Denies Appeal
The Fourth Circuit on Friday found that a U.S. Immigration and Customs Enforcement directive might provide a narrow path for a deported Salvadoran's return to the U.S. to fight his removal, but ultimately shot down his appeal.
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May 31, 2024
Ex-CFO Gets 2 Years For Embezzlement Scheme
A former chief financial officer in North Carolina was sentenced to two years in prison after he admitted to embezzling hundreds of thousands of dollars from his employer and cooking the company's books to disguise the fraud, U.S. Attorney Dena J. King announced Thursday.
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May 31, 2024
COVID Test Contract Suit 'Cries Out' For Jury, NC Judge Says
A fight between two companies over a doomed distribution deal for COVID-19 tests has gone from "ships passing in the night" to not even "sailing in the same ocean," a North Carolina Business Court judge said, paring the case for trial.
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May 31, 2024
4th Circ. Won't Revive NC Homeowners' Storm Coverage Suit
The Fourth Circuit refused on Friday to revive a suit brought by the owners of a North Carolina beach house accusing certain underwriters at Lloyd's London of stalling a $1 million payout over hurricane damage.
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May 30, 2024
Army Vet Again Files Retaliation Suit Against Casino Owners
A disabled U.S. Army veteran and former table games dealer has again filed suit against Harrah's Casino and its parent company, Caesar's Entertainment, claiming his employment was wrongfully terminated after he requested time off to deal with the aftermath of a fire alarm that triggered his post-traumatic stress disorder.
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May 30, 2024
Sorority, Ex-Affiliate End Trademark Suit After Mediation
A sorority and a former affiliate have agreed to scrap a trademark dispute alleging the affiliate continued to use the sorority's name and symbols after their relationship had been severed.
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May 30, 2024
NC Insurance Mogul Chases Acquittal After Bribery Retrial
An insurance magnate besieged by litigation and twice convicted on charges of trying to bribe North Carolina's insurance commissioner is looking to undo the latest jury verdict, saying there wasn't enough evidence during the second trial to convict.
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May 30, 2024
Feds Say NC Man Ran $1M Ponzi With 'Tiger-Wolf' Firm
A self-styled trader and his unregistered hedge fund Tiger-Wolf Capital face wire fraud and securities fraud claims brought by North Carolina federal prosecutors and the U.S. Securities and Exchange Commission over an alleged $1 million scheme that took in over 100 would-be investors.
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May 30, 2024
FTC, Novant Ask To Delay In-House Trial On Merger Challenge
The Federal Trade Commission and Novant Health have asked to postpone an upcoming administrative hearing over the nonprofit's proposed purchase of two North Carolina hospitals, a purchase that regulators are concerned will dampen competition in the region, according to a notice filed in federal court.
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May 30, 2024
Retired NBA Star Ends Coverage Suit Against BCBS
Former NBA player Rodney Rogers on Thursday dropped claims that Blue Cross Blue Shield abruptly ended at-home nursing care in violation of his policy but kept the door open to refile the claims.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Slapping Groping Patient Isn't Protected Action, 4th Circ. Says
A former certified nursing assistant at a nursing home operator didn't show that smacking the hand of a patient whom she alleged groped her constituted protected activity under West Virginia law, a Fourth Circuit panel ruled Thursday, affirming the company's win in a lower court.
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May 29, 2024
NC State Is Blocking Probe Of PCBs In Building, Court Told
North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.
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May 29, 2024
Honeywell Ends Suit Over $8.75M Bond For Army Base Work
A Pennsylvania federal court has approved a request from Honeywell International Inc. to drop its lawsuit over an $8.75 million performance bond whose issuer allegedly balked at paying to replace a bankrupt subcontractor for a long-delayed job at the Tobyhanna Army Depot.
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May 29, 2024
Dealer Faults Trucking Co. For Damage To Yacht In $1.4M Suit
A North Carolina boat dealer is seeking a quick exit from a suit by a yacht owner seeking more than $1.4 million for damage that a yacht sustained during transport across the East Coast, arguing that the trucking company that was hauling the yacht is to blame.
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May 29, 2024
Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict
A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.
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May 29, 2024
4th Circ. Rejects Atty Fee Bid In Fight Over Ted Nugent Photo
The Fourth Circuit has denied a photographer's application for attorney fees after Bricker Graydon LLP helped him secure a favorable ruling in his legal battle over a news website's allegedly unauthorized use of a Ted Nugent photo he took in an article titled, "15 Signs Your Daddy Was A Conservative."
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May 29, 2024
NC House Advances Bill To Let Attys Expunge Ethics Records
The North Carolina House of Representatives on Tuesday voted in favor of a bill that would allow attorneys to clear certain disciplinary records, putting the proposal one step closer to becoming law.
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May 29, 2024
Contractor Talking To Juror Warrants Contempt, NC Panel Told
A general contractor interfered with the court when he spoke to a juror during a civil trial involving his company, state prosecutors told a North Carolina appellate court in seeking to have the contractor's contempt conviction upheld.
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May 28, 2024
$10M Policy Excludes Tobacco Group's Suit, Court Told
An insurer told a North Carolina federal court Tuesday that it doesn't owe coverage to a tobacco growers' cooperative saddled with paying out a $100 million settlement for farmers, arguing that its $10 million policy excludes contract claims.
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May 28, 2024
27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law
Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.
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May 28, 2024
States, Greens Want Judgment Over USPS' New Vehicle Plan
Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."
Expert Analysis
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.