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North Carolina
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November 06, 2025
NC Judge Mulls Returning Mexico Death Suit To State Court
A North Carolina federal judge wants to know why he shouldn't boot a wrongful death case involving a Charlotte woman who was allegedly murdered on vacation in Mexico back down to state court after tossing the U.S. State Department and the Federal Bureau of Investigation from the suit.
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November 06, 2025
FEMA Says States 'Mistaken' On Disaster Mitigation Program
The Federal Emergency Management Agency on Wednesday urged a Massachusetts federal judge to throw out a lawsuit by 22 states and the District of Columbia over the future of a program that funds infrastructure-hardening projects to mitigate the effects of natural disasters.
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November 06, 2025
Skadden, Debevoise Lead Aquarian's $4.1B Brighthouse Buy
Skadden and Debevoise are advising on a new agreement for Aquarian Capital to purchase U.S. life insurer Brighthouse Financial Inc. in an all-cash transaction valued at about $4.1 billion, the companies announced Thursday.
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November 05, 2025
1st Circ. Questions Trump Admin On NIH Indirect Cost Cuts
A First Circuit panel seemed poised on Wednesday to uphold a district court decision finding that the Trump administration lacks the authority to cap indirect costs for research grants at the National Institutes of Health.
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November 05, 2025
NC Court Says NFL Player Firms Must Arbitrate Profit Dispute
A North Carolina appeals court on Wednesday instructed two sports management firms to arbitrate their dispute over profits generated by representing NFL athletes through their joint comprehensive football sports agency, affirming that their agreement included a valid arbitration clause.
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November 05, 2025
Lumbee Act Faces Senate Scrutiny Amid Tribal Identity Debate
Generations of ancestors and lawmaker allies have come and gone as the Lumbee Tribe has sought federal recognition, its chairman told the U.S. Senate Indian Affairs Committee on Wednesday, arguing that legislation for the status has been introduced 13 times and its passage is long overdue.
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November 05, 2025
4th Circ. Faults BIA's Use Of Wrong Standard In Removal Case
A Fourth Circuit panel ordered the Board of Immigration Appeals to reconsider whether a Mexican man's application to cancel a removal order was properly denied for failing to disclose an alias provided to immigration officials years earlier.
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November 05, 2025
NC Justices Probe Tech Parent Co.'s Bid To Escape Fraud Suit
North Carolina's top court on Wednesday seemed reluctant to provide an off-ramp to the parent company of a technology business and one of its executives in a lawsuit alleging they conspired to devalue the majority member's stake and ferret assets to avoid paying distributions.
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November 05, 2025
Judge OKs Settlement In Eye Care Data Breach Class Action
A North Carolina Business Court judge granted preliminary approval in a class action settlement Wednesday, after hearing from counsel on both sides that the eye care provider subject to the data breach couldn't shoulder the cost of extended litigation.
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November 05, 2025
Ex-US Atty, AUSA Pair Joins Baker Donelson In Raleigh
A former U.S. attorney and a former assistant U.S. attorney have jumped from K&L Gates LLP to Baker Donelson Bearman Caldwell & Berkowitz PC in North Carolina.
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November 05, 2025
Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit
A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.
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November 04, 2025
Dad Expands Wrongful Death Claims In Ketamine Overdose Suit
A father who claims his 27-year-old son died of a ketamine overdose due to the negligent practices of online therapy provider Mindbloom has added Illinois-based specialty pharmacy chain Optio Rx LLC as a defendant in his North Carolina state lawsuit, claiming it is liable for compounding, manufacturing and shipping the dangerously "unpredictable drug."
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November 04, 2025
NASCAR Has Monopoly, Judge Rules Ahead Of Antitrust Trial
NASCAR has a monopoly over premier stock car racing, a North Carolina federal judge ruled late Tuesday in handing two teams — including one owned by basketball legend Michael Jordan — a pretrial win on what the judge described as "two core elements" of their antitrust case.
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November 04, 2025
4th Circ. Urged To Revive Bias Suit Over COVID Vaccine Firing
A Black former sales administrator asked the Fourth Circuit on Monday to revive her religious and race bias lawsuit, arguing that her employer knew she was deeply religious and she proved a "sincerely-held belief" against receiving the COVID-19 vaccine.
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November 04, 2025
Fed. Circ. Denies VA Surgeon's Wrongful Termination Appeal
The Federal Circuit on Tuesday affirmed the U.S. Merit Systems Protection Board's decision to uphold the firing of a general surgeon by the U.S. Department of Veterans Affairs after he raised concerns about compromised patient care.
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November 04, 2025
Fed Can't Boot Vaccine Bias Suit To DC, Ex-Staffer Says
A former employee of the Federal Reserve Board said its chairman can't punt his discrimination and retaliation suit to D.C. federal court, arguing most of the adverse treatment he allegedly suffered occurred while he was working remotely in North Carolina.
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November 04, 2025
Rare Earth Cos. Announce $1.4B Partnership With US Gov't
Two companies said they have entered into a $1.4 billion joint partnership with the U.S. Department of Defense aimed at boosting the country's domestic rare earth magnet supply chain.
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November 04, 2025
NC University Fights Ex-Football Player's Negligence Appeal
A North Carolina university could not foresee an on-campus altercation between students, and therefore had no duty to protect one of those students who later sued the school for negligence, a North Carolina state appeals court was told.
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November 03, 2025
Samba TV Dodges Nonresidents' Calif. Data Privacy Claims
A group of television owners who live outside of California can't use the state's wiretap laws to sue Samba TV for allegedly intercepting their video-viewing data and have failed to adequately allege that the analytics provider is covered by federal video privacy law, a California federal judge ruled in axing a proposed class action against the company.
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November 03, 2025
BofA Says It's Fielding 'Fair Access' Regulatory Inquiries
Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.
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November 03, 2025
Paymentus Faces Trial Over Fintech Atty's Age Bias Claims
A former in-house attorney for billing company Paymentus Corp. can bring her retaliation, age discrimination and wrongful discharge claims to trial after a North Carolina federal judge on Monday granted only partial summary judgment in the company's favor.
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November 03, 2025
Equipment Breakdown Insurers Needn't Cover Iron Plant Loss
Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.
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November 03, 2025
Gym Co. Sues YouTuber Over 'Worst Product' Review Video
A Connecticut YouTuber who reviews home gym products is accused of violating federal trademark law and defaming a small business on his channel with false statements and gratuitous insults about a product, according to a newly filed North Carolina complaint.
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November 03, 2025
Wolfspeed Says Gas Supplier Reneged On Equipment Deal
Recently bankrupt semiconductor company Wolfspeed Inc. accused a bulk gas supplier in North Carolina federal court of failing to follow through on a contract by not removing gas equipment and suspending service fees.
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November 03, 2025
NC Inn Fights To Preserve Counterclaims In Wage Suit
A North Carolina inn's breach of contract and negligence counterclaims against two innkeepers are intertwined with the workers' wage and hour claims and not retaliatory, the inn said, urging a federal court to keep the counterclaims in place.
Expert Analysis
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.