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North Carolina
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October 04, 2024
NC Atty Dies In Hurricane Helene, Legal Community Rattled
A North Carolina family law attorney was included in the rising death toll caused by Hurricane Helene, whose effects were felt throughout the region's legal community.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
High Court Takes Up E-Cig 'Forum Shopping' Appeal
The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.
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October 03, 2024
NC Woman Sues Duke Energy Over Coal Ash Management
A Catawba County woman has hit Duke Energy with a lawsuit in a North Carolina state court asserting that contamination stemming from its management of coal ash waste caused her to develop kidney cancer.
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October 03, 2024
Justices Urged To Ax Google's Ad Tech Subpoena
A South Carolina agency has asked the U.S. Supreme Court to review its challenge of Google's document request in a case accusing the tech giant of monopolizing key digital advertising technology after the Fourth Circuit ruled the agency has to respond.
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October 03, 2024
Lowe's Staves Off Defamation Claim In Vendor's Contract Suit
A home accents company accusing Lowe's of maligning its reputation with allegedly unsubstantiated claims about defective products and its financial health can't pursue defamation against the home improvement giant, North Carolina's business court has ruled.
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October 03, 2024
4th Circ. Orders Damages Redo In Metal Worker Benefits Fight
The Fourth Circuit ruled Thursday that a Maryland-based sheet metal manufacturer violated federal benefits law by underpaying contributions it owed to a group of union benefit plans, but said a trial court needs to take another shot at calculating damages.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
High Court Told Bid-Rigging Conviction Was Rightly Tossed
A former Contech executive is urging the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.
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October 03, 2024
4th Circ. Revives Retaliation Claim In NIH Race Bias Suit
The Fourth Circuit has revived part of a discrimination suit by a Black former chief grants management officer with the National Institutes of Health, reasoning in a published opinion that the lower court failed to consider her retaliation claim solely in the context of the complaint's allegations.
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October 03, 2024
Mine Can't Toss CSX's Suit Over Derailment After Hurricane
A North Carolina federal judge won't throw out claims from CSX Transportation Inc. against a North Carolina sand and gravel mine over a 2018 derailment, finding there's sufficient evidence for a jury to conclude the mine was negligent in its water management, leading to erosion following Hurricane Florence that washed out a section of track.
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October 02, 2024
Insurer Seeks To Ax NC Mogul's Appeal In Receivership Row
An insurer seeking to collect on a $524 million arbitration award against insurance mogul Greg Lindberg told a North Carolina appeals court that in order to avoid a court-appointed receiver taking control of his assets, he's filed a "baseless" appeal arguing the state's courts lack jurisdiction over him.
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October 02, 2024
14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule
A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.
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October 02, 2024
NC Judge Ends NIL Ban For State's Public School Athletes
North Carolina public school athletes can now be compensated for their name, image and likeness, thanks to a preliminary injunction granted by a state judge that overturned a ban by the state board of education.
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October 02, 2024
NC's Med Mal Damages Cap Is Constitutional, Panel Told
North Carolina's cap on compensatory damages in medical negligence suits does not impede a citizen's right to a jury trial and is in line with the state's constitution, according to an attorney appointed to defend the law against a woman seeking to collect her full $7.5 million jury verdict stemming from the loss of her unborn baby.
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October 02, 2024
3rd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit
Another firearm firm has settled with Connecticut Attorney General William Tong to resolve his claims it was selling "ghost gun" components unlawfully in a deal that involves the company dissolving itself, handing over its web domain and deleting all of its social media, Tong announced Wednesday.
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October 02, 2024
Supplement Co. Hits Back At TM Suit, Alleges Fake Reviews
Supplement-maker Nutranext Business LLC failed to disclose that a doctor promoting its products is a paid influence, artificially inflated its positive reviews on Amazon and misrepresented a study that purports to show the benefits of using its products, according to new counterclaims filed by a competitor it sued for trademark infringement.
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October 02, 2024
4th Circ. Says Murdaugh Can't Appeal Fraud Sentence
Former South Carolina attorney Alex Murdaugh, who is serving life in prison for murder, was denied an appeal of a separate 40-year sentence after pleading guilty to stealing at least $9 million from clients by a Fourth Circuit panel that said he'd waived his right to appeal.
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October 02, 2024
Michael Jordan's Race Team Sues NASCAR Over Monopoly
NASCAR has exploited its economic power to dominate the market, allowing no other motorsport series to compete, according to an antitrust lawsuit filed Wednesday in North Carolina federal court by two racing teams, including one owned by Michael Jordan.
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October 02, 2024
Justice Roberts Names Judicial Conference Committee Chairs
Chief Justice John G. Roberts Jr. has reshuffled the leadership of the U.S. Judicial Conference, naming five new committee chairs and extending the terms of five current chairs by one year.
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October 01, 2024
Premier Health Sued For Age Bias By Ex-Regional Director
Premier Healthcare and University of Louisville Health face an age discrimination suit filed Monday in North Carolina federal court by a former employee who alleges he experienced a hostile work environment and that younger colleagues subjected him to derogatory comments, including "boomer" and "dumb son of a bitch," that went unaddressed.
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October 01, 2024
Attys Contest $1M Wrongful Conviction Referral Fee
A Michigan attorney has accused a well-known wrongful conviction lawyer of withholding nearly $1 million in fees she says she's owed for referring a client who went on to win an $8.5 million settlement for his imprisonment, though the client says the attorney didn't actually help him find the firm that ended up representing him.
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October 01, 2024
NC Man Defends $1.6M Verdict Over Vape Battery Explosion
A North Carolina man is asking a state appeals court to affirm his $1.6 million verdict in a suit against a distributor over injuries he suffered when a lithium-ion battery for his vape exploded in his pocket, saying there was plenty of evidence for the jury to conclude the distributor sold the battery in question.
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October 01, 2024
EEOC, Hooters Not Taking Bias Suit 'Seriously,' Judge Chides
Attorneys for the U.S. Equal Employment Opportunity Commission and Hooters got a dressing down Tuesday by a federal judge in North Carolina who accused them of dragging their feet and wasting the court's time by asking for deadline extensions without making meaningful progress.
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October 01, 2024
NC Hospital Hit With More Class Claims Over Data Breach
Columbus Regional Healthcare System's legal woes have worsened with more privacy breach claims filed against it by patients whose personal information was exposed by a May 2023 cyberattack on the healthcare provider's network.
Expert Analysis
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.