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North Carolina
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June 11, 2024
J&J Inks $700M Deal To End AGs' Talc Marketing Suits
Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.
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June 11, 2024
Wilson Elser Attys Officially Exit Airline Suit After Filing Gaffe
A Texas state judge has approved American Airlines' request for the departure of its Wilson Elser Moskowitz Edelman & Dicker LLP legal team that blamed a young child for a then-flight attendant's alleged covert bathroom recording, a week after the same lawyers were replaced from a similar suit in North Carolina federal court.
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June 10, 2024
Triumph Motorcycles Hit With Complaint Over Defective Brakes
An Iowa resident has accused a Georgia-based motorcycle company of putting defective brakes on a bike that caused him to sustain permanent brain injuries after he was unexpectedly thrown from the vehicle, in a complaint filed in North Carolina federal court.
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June 10, 2024
Split 4th Circ. Tosses Suit Over 'Forever Chemicals' In NC
The Fourth Circuit ruled Monday that environmental groups couldn't challenge in district court the U.S. Environmental Protection Agency's selection of particular so-called forever chemicals for testing after the agency agreed, at the groups' request, to research the chemicals' effects in North Carolina.
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June 10, 2024
Goldberg Segalla Adds Toxic Torts, Workers' Comp Attys
Goldberg Segalla LLP has added two attorneys working in practice areas such as toxic torts and workers' compensation as partners in its offices in Manhattan and Garden City, New York, the firm announced Monday.
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June 10, 2024
FTC To Fight Go-Ahead Order On Novant $320M Hospital Deal
Just days after a district court loss, the Federal Trade Commission said Monday it will ask the Fourth Circuit to step in and block Novant Health from buying two North Carolina hospitals in a $320 million deal the agency contends would harm competition.
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June 10, 2024
Justices Call For Do-Over In 9th Circ. Bank Preemption Case
The U.S. Supreme Court on Monday tossed a Ninth Circuit decision rejecting federal preemption of a California state interest-on-escrow law for Flagstar Bank, ordering a do-over in the case following the high court's recent ruling on preemption standards in a similar case involving Bank of America.
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June 10, 2024
Contractor Can Replead Claims In $115M City Streetcar Suit
A contractor suing the city of Charlotte for $115 million over alleged cost overruns and delays on a streetcar line construction project will have another shot at pleading its contract claims after a North Carolina Business Court judge cleared the path to file an amended complaint.
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June 07, 2024
Pedicure Chair Co. Settles Patent Suits With Nail Salon, Seller
A company that sells pedicure chairs has reached settlements in litigation accusing a North Carolina nail salon and a Texas spa furniture retailer of using and selling chairs that infringe its patent.
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June 07, 2024
Lumbee Tribe Family Says Bias Sunk Home Rental Application
A family of Lumbee Native American tribe members has alleged that a national real estate rental company violated the Fair Housing Act's anti-discrimination provisions by denying their housing application based on the father's single criminal conviction without giving him a chance to appeal.
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June 07, 2024
Contractor Claims No Bad Intentions In Talking To Juror
A general contractor has doubled down on his bid to throw out a contempt conviction for talking to a juror before his suit was officially settled, telling a North Carolina appeals court he genuinely believed the case was over and didn't intend to disrupt the court or violate any order.
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June 07, 2024
FCA, Cummins' $6M Engine Defect Deal Gets OK'd
A Michigan federal judge gave the go-ahead Friday to a $6 million settlement to resolve claims that Cummins Inc. made defective engines that went into FCA US LLC's Dodge Ram vehicles. FCA, now part of Stellantis NV, was once better known as Fiat Chrysler Automobiles NV.
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June 07, 2024
Support Co. Can't Revive Suit Blaming Lindberg For Lost Biz
A customer support company that claimed its ties to convicted insurance mogul Greg E. Lindberg cost it an important client can't revive a fraudulent concealment suit, with the Fourth Circuit ruling Friday that Lindberg wasn't obligated to disclose his criminal conduct.
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June 07, 2024
Court Software Co., NC Sheriff Fight To Exit Civil Rights Action
Texas-based software company Tyler Technologies and a North Carolina sheriff continued their push this week to escape a proposed class action alleging North Carolina's new digital court system led to wrongful arrests and extended jail time.
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June 07, 2024
NBA Star Won't Raise $1.5M Fee Bid After 4th Circ. Win
NBA star Zion Williamson told a North Carolina federal court that he's still only asking for $1.5 million in attorney fees despite having undertaken more litigation in a Fourth Circuit battle over a contract with his former agent.
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June 06, 2024
Fintech Lender Ran 'Bait & Switch' With Borrowers, Suit Says
Fintech company Figure Lending LLC faces a proposed class action alleging its home equity lines of credit are actually intentionally mislabeled home equity loans with higher interest rates and fees.
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June 06, 2024
Camp Lejeune Deals Worth $14.4M So Far, Government Says
There have been 58 settlements worth a total of $14.4 million so far in a North Carolina federal court alleging injuries caused by decades-long water contamination at Marine Corps Base Camp Lejeune between February 2023 and June 4, according to a joint status report filed by the two sides.
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June 06, 2024
Prof Can Test NC State Building For Carcinogens
A split state appeals court has granted a former North Carolina State University employee stricken by cancer access to gather evidence in a campus building that studies showed contained cancer-causing materials.
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June 06, 2024
NC Dems Want Constitutional Right To Public Records
Democrats in the North Carolina General Assembly have proposed sister bills to amend the state constitution by establishing a right of access to public records and meetings.
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June 06, 2024
North Carolina AG Narrows Target In Hospital Contract Suit
The North Carolina Attorney General's office has agreed to drop for-profit hospital network HCA Management Services from a lawsuit over allegedly unsafe and unsanitary conditions at its Asheville hospital, although an affiliate remains as a defendant, according to a joint stipulation in the state Business Court.
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June 06, 2024
Seyfarth Adds Katten Partner To Charlotte Real Estate Team
Seyfarth Shaw LLP has added partner John Domby to the firm's real estate department in Charlotte, North Carolina, the firm announced Tuesday.
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June 06, 2024
In Reversal, Justices Say Insurer Has Standing In Ch. 11 Case
Truck Insurance Exchange can intervene in Chapter 11 bankruptcy proceedings of two manufacturing companies facing numerous asbestos injury claims, the U.S. Supreme Court ruled unanimously Thursday in a reversal of the Fourth Circuit, finding Truck qualifies as a "party in interest" under the Bankruptcy Code.
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June 05, 2024
Aluminum Co. Seeks Reversal Of $10M Coverage Cap
An aluminum supplier is urging the Fourth Circuit to reverse a lower court's ruling capping its damages at $10 million because of a molten material endorsement, arguing that the fire and water damage it sustained is separate and not subject to any sublimit or exclusion.
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June 05, 2024
Synchrony Charges Were Unlawful 'Veteran Penalty,' Suit Says
Synchrony Bank was hit with a proposed class action accusing it of promoting a misleading 0% interest rate for veterans and failing to disclose that the bank applies retroactive high interest rates on service members' outstanding balances when they leave duty.
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June 05, 2024
4th Circ. Says SC Agency Must Give Google Ad Docs
A South Carolina agency must respond to Google's document request after the Fourth Circuit ruled Wednesday that the state waived its sovereign immunity by joining a case accusing the tech giant of monopolizing key digital advertising technology.
Expert Analysis
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Supreme Court's NC Election Map Ruling Protects Pa. Voters
By assuring the applicability of state constitutional provisions to state election laws, the U.S. Supreme Court's recent decision, Moore v. Harper, represents a significant victory for fair elections — especially in Pennsylvania, where courts have applied the state's free and equal elections clause to forbid partisan gerrymandering, say Robert Wiygul and John Hill at Hangley Aronchick.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.
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The Differing Court Approaches To Pay Equity Questions
Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Georgia-Pacific Ruling Furthers Texas Two-Step Challenges
With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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What Affirmative Action Ruling Means For Higher Ed And Cos.
The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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4th Circ. Ruling Continues Trend Of Insurer Bump-Up Wins
The Fourth Circuit's recent decision in Towers Watson v. National Union Fire Insurance, finding no directors and officers insurance coverage for underpayment in a reverse triangular merger, supports an emerging consensus that "acquisition" encompasses a variety of transaction types for the purposes of D&O bump-up exclusions, say Joshua Polster and Charlotte McCary at Simpson Thacher.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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4th Circ. Ruling Outlines Defense Against Retaliation Claims
The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.
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High Court Cert Denial Puts New Spotlight On Plea Bargains
The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.