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North Carolina
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October 03, 2025
Insurer Fends Off Bad Faith Claim Over $1.8M Crash Award
A man injured in a car crash cannot bring a bad faith action against the other driver's insurer, a Florida federal court ruled, finding that the insurer's prompt tender of its policy limits to the man means it is protected under Florida's statutory "safe harbor" provision.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Stay In Camp Lejeune Case Would Harm Claimants, Court Told
Pressing pause on Camp Lejeune water litigation after the federal government shutdown is unduly detrimental to the thousands of people waiting for a remedy from exposure to contaminated water, a North Carolina federal court was told Friday.
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October 03, 2025
Ga. Insurer Can't Skirt Suit Over NC Captive Insurer's Collapse
A Georgia insurance company can't slip out early from a fight over a defunct captive insurer's demise, a North Carolina Business Court judge has ruled, finding the company's owners directed actions into the Tar Heel state sufficient for it to be pulled into litigation there.
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October 03, 2025
NC Couple Say State Bungled Replacement Home Project
A married North Carolina couple have hit the state government and a general contractor with a Fair Housing Act and an Americans with Disabilities Act suit, alleging in North Carolina federal court that the defendants' replacement for their hurricane-damaged home is inaccessible for wheelchair use.
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October 02, 2025
NC Court Rejects McGuireWoods' Immunity In Defamation Suit
A North Carolina appellate court dismissed an interlocutory appeal by McGuireWoods and a former partner in a defamation case over statements about an investigation into the onetime CEO of a managed care organization during a press conference, reiterating its opinion that the statements were "too far afield" to be considered part of a judicial proceeding.
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October 02, 2025
NC Chief Judge Scolds Medical Supply Co.'s 'Rude' Demand
A North Carolina federal judge on Wednesday threw out a medical supply company's suit over COVID-19 test kit profits based on the Chinese citizenship of one party, adding that the plaintiff's impatience with the court amid a judge shortage was "rude."
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October 02, 2025
NC Judge Slashes Bank Of America Fake Accounts Class Suit
A North Carolina federal judge has slashed a proposed class action accusing Bank of America of opening unauthorized accounts in people's names, tossing claims for violations of the Fair Credit Reporting Act, unjust enrichment and unfair trade practices, and leaving only negligence claims intact.
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October 02, 2025
NC State Demands Monsanto Pay For 'Toxic' PCB Cleanup
North Carolina State University is looking to hold Monsanto Co. accountable for the contamination of one of its buildings, accusing the former agrochemical giant in North Carolina state court of marketing a chemical used in building materials despite knowing it was toxic.
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October 02, 2025
Jordan's Team Seeks Partial Antitrust Win In NASCAR Suit
The market for auto racing that NASCAR is accused of unjustly dominating has been clearly established and the organization's monopoly power is obvious, the two auto racing teams suing it told a North Carolina federal judge in asking for partial summary judgment in their antitrust suit.
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October 02, 2025
NC Insurance Agent Ordered To Pay $1.7M In SEC Fraud Suit
The U.S. Securities and Exchange Commission Thursday was granted its request for over $1.7 million in disgorgement, interest and penalties to end its suit accusing a previously convicted North Carolina insurance agent and his company of defrauding seven investors out of over $1 million.
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October 02, 2025
Honeywell, Rival End 4th Circ. Barcode Royalty Clash
A Japanese laser technology company and rival Honeywell International Inc. together concluded one chapter in a long-running patent and royalty battle over barcodes, just weeks before the case was slated for oral arguments at the Fourth Circuit.
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October 02, 2025
Ex-NFL Player Claims Signature Forged In Arbitration Clause
A North Carolina Business Court judge was befuddled Thursday by an arbitration clause that retired NFL defensive lineman Mike Rucker says he has no memory of signing, stopping short arguments on its enforceability to instead give the parties time to dig into its authenticity.
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October 02, 2025
Furniture Co. Beats ESOP Investment Challenge
A furniture company had no obligation under federal benefits law to invest a cash buffer in its employee stock ownership plan more aggressively, a North Carolina federal judge ruled in shutting down a former employee's Employee Retirement Income Security Act suit.
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October 01, 2025
Prosecutors, Defense Face Confrontation Crisis After Smith
As state courts grapple with the U.S. Supreme Court's broadened application of the Sixth Amendment's confrontation clause, unwary prosecutors and defense attorneys could easily end up in an evidentiary bind.
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October 01, 2025
Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move
Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.
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October 01, 2025
Biz Groups Say They Can Be Amici In 4th Circ. Pollution Suit
The U.S. Chamber of Commerce and the American Chemistry Council on Wednesday told the Fourth Circuit they should be allowed to file an amicus brief on behalf of Chemours in a row over PFAS contamination in the Ohio River, saying that there is nothing barring an association from filing in cases where its members are parties.
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October 01, 2025
NC Justices Asked To Keep Men In Prison Amid Murder Appeal
The North Carolina Attorney General's Office has requested that the state Supreme Court review an August decision to release two men after they spent nearly 20 years in state prison for a murder they claim they did not commit.
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October 01, 2025
Truck Seller Can't Escape Injury Suit As 'Mere Conduit'
A North Carolina federal judge won't let hydrovac truck seller Trans-West Inc. escape an injury suit from a worker who alleges he was injured by hot mud from a truck it sold to his employer, finding that the company was no "mere conduit" in the sale.
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October 01, 2025
States, Businesses Push Justices To Extend Tariff Arguments
The dozen states, several small businesses and Illinois toymakers that challenged President Donald Trump's emergency tariffs filed a joint motion Wednesday requesting more time to better represent their different claims for oral arguments at the U.S. Supreme Court in November.
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October 01, 2025
Lack Of Concrete Harm Dooms Bojangles Data Breach Case
The fast-food chain Bojangles has dodged a proposed class action brought by former employees who claim their personal information was stolen in a data breach after a North Carolina federal judge said they failed to show how they were injured as a result of the hack.
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October 01, 2025
Fed. Bill Would Let Judges Be Sued Over Repeat Offenders
A federal lawmaker from North Carolina has proposed a bill to create a pathway for crime victims and their families to sue judges found to have acted with "intentional disregard for public safety" by releasing individuals convicted of violent crime who go on to re-offend.
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October 01, 2025
4th Circ. Won't Rehear Consultancy's $5M SBA Loan Suit
The Fourth Circuit declined to reconsider a global consultancy and risk management company's lawsuit against the U.S. Small Business Administration in which the consultant argued its $5 million loan was eligible for COVID-19 debt relief.
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October 01, 2025
4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid
The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.
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October 01, 2025
4th Circ. Won't Rethink Dance Teachers' Use Of 'Inspire' Name
The Fourth Circuit has rejected a North Carolina charter school's request to reconsider blocking two former teachers from using the name "Inspire" for their dance company, dealing the school another blow in its trademark infringement and false advertising suit.
Expert Analysis
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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4th Circ. Latest To Curb Short-Seller Usage In Securities Suits
The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split
The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks
A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.