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North Carolina
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July 23, 2025
FWS Wrongly Approved Bird-Harming Pesticide, Judge Says
A North Carolina judge on Wednesday revoked the federal government's approval of a pesticide that is toxic to birds for use as an algal bloom control measure at a lake in a wildlife refuge, saying regulators bungled the environmental review.
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July 23, 2025
4th Circ. OKs Firing Of Worker After Pregnancy Complications
The Fourth Circuit upheld a win for media giant Nexstar in a former account executive's pregnancy disability discrimination suit, finding the accommodations she'd proposed for her postpartum health issues were not reasonable for the company.
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July 23, 2025
Firm Can't Arbitrate After Filing Suit, 4th Circ. Says
A Maryland law firm and a debt buyer cannot force a debt collection dispute into arbitration, the Fourth Circuit ruled Wednesday, finding they waived their right to arbitrate when they filed their own collective action.
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July 23, 2025
Race, Sex Bias Claims Against British Automaker Trimmed
The former director of public relations and marketing for Ineos Automotive Americas LLC failed to support her claims that the automotive company discriminated against her because of her race and sex, but her wage and hour claims can continue, a North Carolina federal court has ruled.
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July 23, 2025
No New General Causation Opinions In Camp Lejeune Case
A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.
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July 23, 2025
4th Circ. Says Gov't Is Immune From Contractor Negligence Suit
The Fourth Circuit said the Defense Intelligence Agency is immune from a polygraph examiner's suit alleging an employee's negligence caused her to get into a car accident outside the agency's offices, affirming a Virginia federal judge's dismissal of her suit.
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July 22, 2025
DOJ Backs Door Maker's Divestiture Order In 4th Circ. Appeal
The U.S. Department of Justice cleared a door maker's merger twice by the time a rival challenged the tie-up in court and won a landmark divestment order, but now the government is standing behind the company that won the order and asking the Fourth Circuit to keep it in place.
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July 22, 2025
Jordan's Team Says NASCAR Is Trying To 'Rewrite History'
Michael Jordan's NASCAR team 23XI Racing accused the private stock car racing organization of filing a bad faith countersuit in the parties' antitrust battle, using it to extract a valuable aspect of a joint charter agreement.
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July 22, 2025
NC Judge OKs $318M For Lindberg Victims From Asset Sale
A federal judge in North Carolina on Tuesday signed off on a special master's request to divvy up $318 million from the sale of one of convicted insurance mogul Greg Lindberg's most valuable assets to help pay back the insurance companies he is accused of defrauding.
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July 22, 2025
4th Circ. Backs Medicaid Fraud Conviction, 17-Year Sentence
A North Carolina lab owner lost his bid Tuesday to overturn his healthcare fraud conviction after the Fourth Circuit found evidence against him to be sufficient and the terms of his sentence reasonable.
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July 22, 2025
NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit
A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.
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July 22, 2025
4th Circ. Lets End Of Afghan Protected Status Move Forward
The Fourth Circuit has lifted an administrative stay blocking the Trump administration's attempt to end Temporary Protected Status for Afghans and Cameroonians, allowing those efforts to move forward while the litigation proceeds.
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July 22, 2025
Old Dominion Inks $1.9M Deal To End 401(k) Fee Suit
Old Dominion Freight Line has pledged to pay $1.9 million to settle Employee Retirement Income Security Act litigation claiming the trucking company failed to keep its 401(k) plan's fees low, a group of workers requesting approval of the settlement told a North Carolina federal judge.
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July 22, 2025
4th Circ. Affirms $190M Trademark Verdict Against Vivint
Smart home software company Vivint on Tuesday lost its appeal seeking to overturn a nearly $190 million verdict in which a North Carolina jury found it liable for deceiving customers of a rival local security company, with the Fourth Circuit finding there was enough evidence to support the award.
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July 22, 2025
Tax Software Co. Avalara, Universal Music Submit IPO Plans
Avalara Inc. and music giant Universal Music Group NV have confidentially filed plans for initial public offerings with the U.S. Securities and Exchange Commission, marking the latest two companies to join the private-to-public pipeline.
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July 22, 2025
Fiat Chrysler Denies Misleading Court Over Settlement Delays
Fiat Chrysler told a Michigan federal judge on Monday that changes to management and internal procedures are in part to blame for the continued delay in submitting documents to finalize a deal resolving allegations that the automaker sold vehicles with engines prone to catching fire, urging the court not to sanction the company.
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July 21, 2025
Copyright And TM Cases To Watch In The Second Half Of 2025
The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Builder Accuses NC County Of Losing $1.3M In Phishing Scam
A general contractor is suing to recoup the cost of renovating a county administrative building in eastern North Carolina after local officials fell for a phishing scam and sent more than $1.3 million in payments for the project to fraudsters, according to a state court complaint.
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July 21, 2025
NCAA Says Ohio NIL Case Ruling Ends NC Spat
The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.
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July 21, 2025
4th Circ. Reverses Portion Of Railroads' Broadband Suit
The Fourth Circuit has ruled that the Association of American Railroads has standing to challenge a Virginia state law requiring railroads to allow for broadband crossings, reversing a trial court decision and dealing another blow to a law that the Virginia Supreme Court already gutted on state constitutional grounds in May.
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July 21, 2025
Travelers Unit, NC Door Maker Settle Excess Insurance Fight
A Travelers unit has resolved a North Carolina door manufacturer's lawsuit seeking $10 million in excess coverage from the insurer to help cover a $39.5 million securities class action settlement, court records show.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Real Estate Recap: Budget, 2025 Deals, Coney Island Gamble
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate attorney perspectives on the new federal budget, the law firms that guided the biggest deals of 2025's first half and why one BigLaw attorney is betting on a Coney Island development.
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July 18, 2025
4th Circ. Remands Insurance Award Feud Over FAA Confusion
In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.
Expert Analysis
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Surprise NC COVID Ruling Revises Reasonable Expectations
The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.