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North Carolina
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April 03, 2025
Accountant Cleared To Testify In Malpractice Case Against Her
An accountant accused of malpractice can testify about whether her actions were reasonable when she allegedly failed to tell a client about a change in tax law stemming from the U.S. Supreme Court's Wayfair decision, a state Business Court judge has ruled.
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April 03, 2025
Ally Bank, White Ex-Worker End Suit Alleging Illegal Quotas
Ally Bank and a white, male former employee have agreed to end his discrimination suit alleging he was passed over for a senior role in favor of a woman with less experience so the company could check off diversity quotas, according to a North Carolina federal court filing.
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April 02, 2025
5 Fed. Circ. Clashes To Watch This Month
The Federal Circuit will hear arguments this month in patent cases involving Moderna's COVID-19 vaccine and a blockbuster Johnson & Johnson schizophrenia drug, and the court will itself be the subject of a case at another appeals court as Judge Pauline Newman seeks to end her suspension.
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April 02, 2025
Sotomayor Seems Wary Of 'Magic Words' For Medicaid Rights
The U.S. Supreme Court's liberal bloc on Wednesday bristled at the notion that "magic words" were necessary to cement a public insurance program recipient's right to sue, suggesting that a private right of action is inherent in the Medicaid Act's provider choice provision.
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April 02, 2025
'Beer Law' Firm Says Confusion Is Brewing Over Rival's Name
A North Carolina law firm, one of whose managing partners focuses on advising businesses in the beer, wine and craft beverage industries under the name "Beer Law Center," on Wednesday accused a Colorado law firm of coasting off its reputation by offering services under the confusingly similar "Beer Law HQ."
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
Feds Dodge Mom's $25M Med Mal Suit Over Son's Death In NC
The federal government won't have to face a mother's $25 million suit claiming the doctors at a government-funded hospital failed to properly diagnose and treat her 39-year-old son prior to his death, a North Carolina federal judge has ruled.
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April 02, 2025
Law Profs Back Cert. Reversal In Boeing Stock-Drop Fight
Law professors and former U.S. Securities and Exchange Commission officials urged the Fourth Circuit to undo class certification for Boeing investors who accused the company of overstating the safety of its 737 Max fleet, calling the certification order a "master class" in misinterpreting precedent.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Fed. Circ. Won't Review Reviving Medical Device Patent Suit
A Federal Circuit panel on Tuesday declined to reconsider a decision reviving a patent infringement suit against a medical device manufacturer, letting stand its holding ordering a new trial in the case.
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April 01, 2025
NC Judge Affirms $68M Arbitration Award For Volvo
A North Carolina judge affirmed a $68 million arbitration award Tuesday in Volvo Group North America LLC's favor over a Mexican auto parts manufacturer it accused of supplying the company with defective input shafts, an award that Volvo's counsel said is possibly the largest in the Tar Heel State court history.
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April 01, 2025
Tyler Tech Denied Early Exit From NC Civil Rights Class Action
Tyler Technologies, the Texas-based software provider behind North Carolina's transition to a digital court system, can't escape a proposed civil rights class action claiming the new technology led to wrongful arrests and extended jail time, though claims against one sheriff named in the suit were dismissed.
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April 01, 2025
NC Atty Gets $775K Fee For Multistate Wage Verdict
A North Carolina federal judge has awarded $775,000 in attorney fees to the workers of an Apple-affiliated repair company following their six-figure win in a multistate wage class action over back wages and damages.
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April 01, 2025
NC Panel Told To Cut Textron Loose From Plane Crash Case
Textron Inc. doesn't belong in a products liability suit involving malfunctioning cables that allegedly caused a plane crash, the conglomerate has told the North Carolina Court of Appeals, arguing it doesn't make the cables at issue or do business in the Tar Heel state.
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April 01, 2025
23 States Sue HHS To Stop $11B In Health Grant Funding Cuts
Twenty-three states and the District of Columbia on Tuesday accused the Trump administration of illegally terminating about $11 billion in public health funding, causing layoffs and "chaos" in public health agencies across the country.
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March 31, 2025
DuPont Must Face NC Residents' PFAS Claims
A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.
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March 31, 2025
NCAA Says Tennis Prize Money Class Cert. Bid Too Narrow
The NCAA is urging a North Carolina federal judge not to certify a class of college tennis players suing the organization over their inability to accept prize money from outside tournaments, saying the disputed rules do not affect a broad class of student athletes.
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March 31, 2025
Chicken Processor Strikes $7.26M Deal In Wage Suit
A North Carolina chicken processor and workers claiming unpaid wages jointly requested that a federal court greenlight a deal in which the company agreed to pay $7.26 million to the workers.
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March 31, 2025
Nut Butter Co. Says Calif. Rival Copied 'Big Spoon' Trademark
A North Carolina company that makes various nut butters under the name "Big Spoon" is suing a California sauce company for trademark infringement, saying in a federal complaint that the rival business is selling similar products using the same name and confusing customers.
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March 31, 2025
NC Judge Axes Mexican Truck Co.'s $70M Volvo Suit
A North Carolina federal judge tossed out a Mexican trucking company's $70 million suit against Volvo Group North America LLC in a one-page order adopting a magistrate judge's recommendation that the case be dismissed for leaving out "necessary and indispensable parties" for the contract claims to survive.
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March 31, 2025
EMS Workers Get Nothing In Wage Suit Against NC County
A North Carolina county violated the Fair Labor Standards Act by underpaying emergency medical services workers during certain pay periods, but the workers are not entitled to any extra money because they were overpaid at other times, a federal judge determined Monday.
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March 31, 2025
Judge Won't Let Wells Fargo Duck Bulk Of $22M ADA Verdict
A North Carolina federal judge on Monday mostly kept intact a $22.1 million Americans with Disabilities Act verdict against Wells Fargo, though he did agree to lower the jury's punitive damages, which he said exceeded the statutory cap.
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March 31, 2025
Progressive Says Motorcycles Aren't 'Autos' For Crash Claims
Progressive asked a North Carolina federal court to declare it does not owe bodily injury coverage to a woman who was hurt while riding as a passenger on a motorcycle that went off the road, arguing in its new complaint that the motorcycle is not an "auto" for "auto accident" coverage.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Real Estate Recap: Train Domain, FinCEN, Atlanta Data Centers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an insider's view of the Union Station takeover in Washington, D.C., the latest game-changing development at the Financial Crimes Enforcement Network, and a BigLaw dealmaker's take on Atlanta's data center boom.
Expert Analysis
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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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.