North Carolina

  • May 17, 2024

    Real Estate Authority: Loan Doctors, CFIUS, Mixed-Use Boom

    Catch up on the week's key developments by state from Law360 Real Estate Authority — including potential conflicts of interest in special servicing, a data center buy stymied by the Committee on Foreign Investment in the United States, and one hospitality pro's prediction for more mixed-use residential and hotel demand.

  • May 17, 2024

    Qorvo Wins $38.6M In Akoustis Trade Secrets And Patent Trial

    A Delaware federal jury on Friday told Akoustis Technologies Inc. to pay wireless company Qorvo Inc. nearly $38.6 million for misappropriating its trade secrets and infringing its patents, following a two-week trial over radio frequency filter technology.

  • May 17, 2024

    BCBS Says 'Clear' Contract Ends Ex-NBA Player's Suit

    Blue Cross and Blue Shield of North Carolina pressed a state district court to throw out a lawsuit brought by retired NBA star Rodney Rogers that alleges in-home nursing was suddenly denied, arguing the "clear language" of his benefits doesn't provide for long-term, in-home nursing.

  • May 17, 2024

    Air Gun Co. Manager Accused Of Fraud By Receiver

    The court-appointed overseer of a crumbling North Carolina air gun company has alleged that an owner was fraudulent and self-dealing with the businesses' money, saying a forensic accounting showed money flowing between accounts.

  • May 17, 2024

    Jury Convicts NC Provider In Medicaid, COVID Fraud Scheme

    A clinical social worker in North Carolina was found guilty Friday of defrauding South Carolina's Medicaid program and falsely obtaining COVID-19 relief checks following a nine-day trial in Charlotte's federal courthouse, prosecutors said.

  • May 17, 2024

    Deserted NC 'Ghost Town' Theme Park Wards Off Dissolution

    A woman who inherited partial ownership of an abandoned theme park in the mountains of Western North Carolina has failed to prove the business is too dysfunctional to continue operating, a state Business Court judge ruled in allowing the partnership to live another day.

  • May 16, 2024

    Convicted Insurance Mogul Says He'll Trim Empire

    Convicted insurance mogul Greg Lindberg told the North Carolina Supreme Court he's relinquishing control of portions of his enterprise to fulfill a deal to restructure them with independent oversight, according to court filings.

  • May 16, 2024

    BofA Customers Get Final OK For $8M Deal In ACH Fee Suit

    A North Carolina federal judge has granted final approval to an $8 million settlement for Bank of America customers who claim they were unfairly charged fees for Automated Clearing House transfers.

  • May 16, 2024

    IQVIA To Pay $3.5M To Resolve Ex-Workers' 401(k) Suit

    Healthcare technology company IQVIA agreed to pay $3.5 million to end a 9,000-member class action accusing it of choosing investments that consistently underperformed and had excessive risk and expense for its $1.13 billion 401(k) plan, a filing in North Carolina federal court said.

  • May 16, 2024

    Convicted NC Tech Exec, Wife Accused Of Defaming Couple

    A couple facing claims they sabotaged a licensing deal that ultimately drove a North Carolina software company out of business have accused the company's co-founder and his wife of spending months slandering them online while the suit was otherwise on hold.

  • May 16, 2024

    Ex-Execs Accuse Truist Of Hijacking Control Of Mortgage Unit

    Three former executives who spearheaded the real estate finance arm of Truist Financial Corp. before they left for a competitor are countersuing the bank for allegedly usurping control of the business, saying Truist then tried forcing them out to skirt paying severance.

  • May 16, 2024

    NC Sheriff's Surety Dodges Ex-Detention Officer's Bias Suit

    An ex-detention officer accusing a local county sheriff of Title VII violations has all but abandoned her claims against the sheriff's surety, a North Carolina federal court ruled, axing all claims against the surety and leaving only a sex discrimination claim against the Mecklenburg County official.

  • May 15, 2024

    'Law And Order' Star Sues Instacart Over Dog's Shooting

    "Law & Order" actor Angie Harmon has filed a lawsuit against Instacart and a delivery driver who she claims shot and killed her dog while delivering groceries to her home, according to the complaint lodged in North Carolina state court.

  • May 15, 2024

    Calif. Atty Tells 4th Circ. Dormant Commerce Applies To Pot

    A California lawyer who has filed lawsuits challenging state and local cannabis licensure programs spearheaded an appeal at the Fourth Circuit asking it to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.

  • May 15, 2024

    Prosecutors Fight Full Court Review Of 'Double Odor' Pot Test

    North Carolina prosecutors said no review is necessary on a state appellate court's opinion which found that the smell of marijuana combined with the "strong odor of a cologne" as a "cover scent" is enough to give police officers probable cause to search a vehicle, highlighting the hostile tone in the appellant's bid.

  • May 15, 2024

    Feds, Pesticide Cos. Seek More Time To Find Mediator

    The Federal Trade Commission and agricultural chemical companies Syngenta and Corteva are seeking extra time to select a mediator as they litigate claims that the manufacturers leverage loyalty programs to suppress competition from cheaper generic pesticides.

  • May 15, 2024

    NC Insurance Mogul, Adviser Found Guilty Of Bribery — Again

    A federal jury in North Carolina on Wednesday convicted embattled insurance mogul Greg E. Lindberg and his former political consultant on federal bribery charges for the second time after a weeklong trial in Charlotte.

  • May 15, 2024

    4th Circ. Revives Landowners' $523K Win Against Pipeline Co.

    A Fourth Circuit panel has instructed a Virginia federal court to reinstate a more than $523,000 jury award for the condemnation of easements across a family's property by Mountain Valley Pipeline, holding the verdict can be supported by credited testimony.

  • May 15, 2024

    Fired NC County Atty Launches Race Bias Suit

    A former Pitt County, North Carolina, government attorney has alleged in a federal lawsuit that the county manager's racial animus and the lawyer's concerns about contracting compliance got him fired after only 90 days on the job.

  • May 14, 2024

    4th Circ. Says Attempted Child Sex Abuse Warrants Removal

    The Fourth Circuit approved the deportation of a man convicted of attempting to sexually abuse a child, ruling Tuesday that the attempted offense qualified as child abuse crime warranting removal.

  • May 14, 2024

    Ex-Wachovia Exec Owes $9M For Decade-Old Fraud, Feds Say

    A former senior trading executive-turned-Christian novelist still owes over $9 million in restitution on a 17-year-old conviction for a Ponzi-like scheme he ran while working for what was then Wachovia's investment banking unit, according to federal prosecutors.

  • May 14, 2024

    Conn. Judge Guts $1.4M Yacht Damage Lawsuit

    Parsing the underlying laws of several states, a Connecticut federal judge has torpedoed half of a four-count complaint accusing a North Carolina boat dealer and a Tar Heel State trucking company of destroying a $750,000 yacht during a highway transport move through New Jersey.

  • May 14, 2024

    NC State Fights Cancer Patient's Presuit Building Access

    North Carolina State University is pressing the state appeals court to find it is insulated from an "unusual" order allowing a former graduate student worker diagnosed with cancer to inspect a campus building that tested high for levels of carcinogens.

  • May 14, 2024

    Polsinelli Grows With 2 CMBS Experts From Kilpatrick

    Polsinelli PC has brought on two shareholders in Florida and North Carolina from Kilpatrick Townsend & Stockton LLP, bolstering the firm's real estate finance and financial services offerings, according to a Tuesday announcement.

  • May 14, 2024

    Pool Co. Pleads For Reprieve From Asset Freeze To Pay Attys

    A Chinese manufacturer of swimming pool products and its American subsidiary are seeking a temporary respite from a court-ordered asset freeze intended to ensure they pay a multimillion-dollar verdict, saying they need to pay legal fees and other trial costs in the interim.

Expert Analysis

  • Perspectives

    Public Interest Attorneys Are Key To Preserving Voting Rights

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    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.

  • Exploring An Alternative Model Of Litigation Finance

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    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.

  • Airlines Must Prepare For State AG Investigations

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    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.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    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.

  • A Vision For Economic Clerkships In The Legal System

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    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.

  • Opinion

    Climate Change Shouldn't Be Litigated Under State Laws

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    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.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    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.

  • Series

    Swimming Makes Me A Better Lawyer

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    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.

  • Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

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    As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

  • Notable Q1 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

  • Opinion

    Viral Deepfakes Of Taylor Swift Highlight Need For Regulation

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    As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Court Clerk Error Is No Excuse For A Missed Deadline

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    Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.

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