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North Carolina
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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May 14, 2024
TrueBridge Amasses Over $1.6B Across 5 VC Funds
Chapel Hill, North Carolina-based venture capital firm TrueBridge Capital Partners on Tuesday announced that it has secured $1.6 billion in capital commitments across five investment vehicles that focus on venture funds and technology companies, bringing the firm's total assets under management to over $7.5 billion.
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May 13, 2024
'Grinch' Is Not A Protected Class, HHS Tells 4th Circ.
The U.S. Department of Health and Human Services has urged the Fourth Circuit to reject a chemist's discrimination, hostile work environment and retaliation claims, arguing that "Grinch" is not a protected class and federal law doesn't protect an individual "from not being well-liked in the workplace."
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May 13, 2024
NC Agency Atty Guilty Of Permitting 'Coercive' Custody Deals
The former attorney for a North Carolina county's social services department was convicted of obstruction of justice in connection with the agency forcing parents to sign "coercive" child custody agreements that put children into abusive homes and violated constitutional rights, Attorney General Josh Stein announced Monday.
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May 13, 2024
Florida State Fee Fight Frozen Pending Ruling By NC Justices
A North Carolina state judge has pressed pause on the Atlantic Coast Conference's lawsuit against Florida State University in their public showdown over media rights fees, finding that they can't plow ahead when a pertinent question about jurisdiction is before the state's top court.
Expert Analysis
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Rebuttal
Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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A Closer Look At Competing Stablecoin Legislative Proposals
Attorneys at Davis Polk dissect the key similarities and differences between competing stablecoin discussion drafts from Reps. Patrick McHenry and Maxine Waters, and while neither bill is enjoying overwhelming bipartisan support, there appears to be a greater sense of urgency for legislative intervention in the crypto industry.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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Opinion
Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits
In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.