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North Carolina
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January 06, 2025
Trucking Financial Co. Says Ex-Worker Broke Noncompete
The former face of customer service for a Charlotte, North Carolina, branch of a full-service provider for companies in the logistics and transportation industries has been hit with a suit by his former employer alleging he violated his noncompete agreement by joining a rival business and enticing "significant customers" to follow him.
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January 06, 2025
Clemson, FSU Agreed To 'Sue And Be Sued' In NC, ACC Says
The Atlantic Coast Conference urged North Carolina's top court to allow its lawsuits over grant of rights contracts against Clemson and Florida State universities to stand, saying they can't be dismissed because the colleges agreed to "sue and be sued" as part of doing business in the Tar Heel State.
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January 06, 2025
Prepared Foods Co. Accused Of Duping CEO With Stock Plan
The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.
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January 06, 2025
NC Town Sued To Stop Confederate Statue's Move To Courthouse
A town council and board of commissioners in eastern North Carolina may not unilaterally relocate a controversial Confederate monument to the grounds of a local courthouse, a group of North Carolina residents has told a state court in a suit to block the move over an alleged violation of the state's open meetings law.
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January 06, 2025
NC Justices To Decide Ballot Challenge In High Court Race
A Republican appellate judge looking to throw out more than 60,000 votes in his race for a seat on the North Carolina Supreme Court succeeded Monday in getting his legal challenge kicked back to the Tar Heel State's top court, with a federal judge finding it wasn't his place to decide the matter.
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January 06, 2025
Robot Lawn Mower Cos. End Their Contract Fight In NC
A pair of robot lawn mower companies that have been fighting over the aftermath of their prior partnership have come together to tell North Carolina's business court that they are ready to drop their dispute following an earlier motion that stated they had agreed to a settlement.
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January 06, 2025
Insurance Execs Seek Defense Costs For Self-Dealing Suit
Insurance company executives who were fired amid accusations they stole assets from their company to start a competing venture demanded coverage for the dispute from their new business's insurer in Georgia Federal Court.
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January 03, 2025
In A First, JetBlue Fined $2M Over Chronic Flight Delay Claims
JetBlue Airways agreed on Friday to pay a $2 million penalty — the first of its kind — to resolve claims by the U.S. Department of Transportation that the airline operated chronically delayed flights on East Coast domestic routes at least 145 times between 2022 and 2023.
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January 03, 2025
Apple Affiliate Operators Accused Of Evading Wage Judgment
The operators of an Apple-affiliated repair company are shirking their duties to pay a nearly $840,000 judgment to workers who secured a jury trial win in their wage and hour lawsuit and have threatened to claw back any money workers receive, a filing in North Carolina federal court said.
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January 03, 2025
Pool Co. Denied New Trial On TM Claims After Winning $16M
A North Carolina pool parts supplier can't retry trademark infringement claims after securing a $16 million false advertising and unfair business practices judgment against a rival Chinese company accused of misleading customers, a federal judge ruled this week.
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January 03, 2025
4th Circ. Won't Revive Bias Suit Over SBA Small Biz Program
A disabled veteran's constitutional challenge to a Small Business Administration contracting program over racial bias concerns must fail because the veteran didn't actually qualify for the program, the Fourth Circuit ruled Friday.
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January 03, 2025
Split NC Panel Says Video Sweepstakes Games Are Unlawful
A split North Carolina appellate panel has ruled that a company's video sweepstakes kiosks violate state prohibitions on luck-based gambling and that a lower court should have allowed regulators to take the machines out of service.
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January 03, 2025
Prison Delay Denied For Broker In $22M Tax Scheme
An insurance broker sentenced to five years in prison for participating in a $22 million tax scheme must begin serving his term after a North Carolina federal judge on Friday denied him a delay to help his new counsel prepare his appeal.
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January 02, 2025
Election Officials Push To Certify NC High Court Race Results
The North Carolina State Board of Elections should be allowed to move forward with certifying the results of the state Supreme Court race after a Republican candidate sought to block copious ballots, state officials and incumbent state Supreme Court Justice Allison Riggs said Wednesday.
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January 02, 2025
Toyota Can't Be Sanctioned For Not Translating Discovery Docs
A North Carolina state appeals court ruled that Toyota Motor Corp. and Subaru Corp. cannot be ordered to create English translations of Japanese documents to fulfill discovery requests in a wrongful death suit alleging that a driver died because of a purportedly faulty car design on which the companies collaborated, vacating some of the discovery sanctions entered against the automakers.
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January 02, 2025
Biden Lauds Bipartisanship In Confirming Record No. Of Judges
With less than three weeks left in office, President Joe Biden on Thursday celebrated putting 235 lifetime judges on the federal bench.
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January 02, 2025
Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys
A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.
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January 02, 2025
NASCAR Takes Attempt To Block Jordan Team To 4th Circ.
NASCAR is asking the Fourth Circuit to hear its appeals of the injunctions a North Carolina federal judge granted to two racing teams, which allowed them to compete in the upcoming season and stopped the organization from enforcing its contractual ban on antitrust claims.
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
Trump Begins 2nd Term With At Least 45 Judge Seats To Fill
Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.
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January 01, 2025
NC Legislation To Watch In 2025: Power Plays, Helene Relief
A sprawling North Carolina bill that combined Hurricane Helene relief efforts and controversial power shake-ups seemed destined to become law when state lawmakers overrode Gov. Roy Cooper's veto, but a subsequent lawsuit by Cooper and Attorney General Josh Stein has placed the proposal in limbo.
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January 01, 2025
NC Cases To Watch In 2025: NASCAR Fight, Healthcare Rows
NASCAR is fighting antitrust claims in North Carolina even after removing a controversial exclusivity clause from its race team contracts, and the Tar Heel State's medical industry could see massive shake-ups from a challenge to a healthcare competition law and alleged impropriety in a major hospital system acquisition.
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December 23, 2024
NASCAR Can't Pause Jordan Team's Win In Antitrust Case
A North Carolina federal judge won't pause his order blocking NASCAR from enforcing its antitrust release in racing contracts — including one for a team owned by former NBA star Michael Jordan — for the 2025 season, saying Monday that he did not grant the injunction lightly.
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December 20, 2024
RealPage Can't Transfer Enforcers' Rent-Fix Case Out Of NC
RealPage cannot get the government's antitrust case against it moved either to the Tennessee court overseeing similar civil litigation or to Texas, where the rental software maker is headquartered, a North Carolina federal judge ruled Friday.
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December 20, 2024
NASCAR Wants Jordan Team's Win Paused For Appeal
NASCAR wants to press pause on a court order that stops it from blocking teams that have asserted antitrust claims against the league from its races, telling the judge who handed down the preliminary injunction that it thinks the Fourth Circuit will be on its side.
Expert Analysis
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.