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North Carolina
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September 17, 2025
Judge Probes Alleged Rivalry In Captive Insurer's Collapse
A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.
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September 17, 2025
Probationer's Speech Not A 'True Threat,' NC Panel Finds
Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.
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September 17, 2025
Ex-Law Student's Bias Suit In Wrong Forum, 4th Circ. Told
A Black former student at Washington University School of Law shouldn't be able to revive claims that she was suspended from campus and lost her scholarship after complaining about a professor's race bias because she filed the suit in the wrong state, the law school told the Fourth Circuit.
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September 17, 2025
NC Loan Servicer Can't Escape Default Warning Letter Suit
Housing loan servicer Selene Finance LP must face most of a putative class action accusing it of sending false and deceptive notices regarding loan defaults, with a North Carolina court finding that the plaintiffs have shown various elements of deception.
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September 17, 2025
4th Circ. Told Panel's Ruling In Bestwall Ch. 11 Dangerous
A group of asbestos claimants has asked the full Fourth Circuit to reconsider a panel's ruling that Georgia-Pacific asbestos unit Bestwall could stay in Chapter 11 despite its parent being solvent, saying the opinion defies U.S. Supreme Court precedent and will enable debtors to abuse the system.
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September 17, 2025
7th Circ. Pick Shrugs Off Conservative Group's Opposition
During her confirmation hearing on Wednesday, Rebecca Taibleson, a federal prosecutor in Wisconsin tapped for the Seventh Circuit, fended off opposition to her nomination from conservative groups, antipathy that the top Democrat on the Senate Judiciary Committee called a "new low" for the committee.
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September 17, 2025
NCDOT Dodges Liability In Fatal Snowstorm Accident
The North Carolina Department of Transportation was freed Wednesday from having to contribute to wrongful death settlements of over $1.6 million after a North Carolina Court of Appeals panel found the department to be immune under the Emergency Management Act.
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September 17, 2025
Pot Entrepreneur Pushes 4th Circ. To Rehear Licensing Fight
A California cannabis entrepreneur has asked the Fourth Circuit to rehear her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program, arguing that the appellate judges' ruling turned on multiple errors of law and fact.
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September 17, 2025
Shipbuilders Ask Justices To Weigh 4th Circ. No-Poach Ruling
Shipbuilders and designers accused of conspiring to suppress industry wages urged the U.S. Supreme Court to review a Fourth Circuit decision that revived a proposed class action against them, saying the allegedly untimely antitrust claims threaten ruinous damages.
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September 17, 2025
Md. Hemp Cos. Plan To Challenge Cannabis Law At 4th Circ.
A group of hemp companies challenging Maryland's cannabis policies told a federal judge Tuesday that they plan to appeal a pair of recent adverse rulings, citing in part a new federal appellate ruling that pot sellers are entitled to constitutional protections.
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September 17, 2025
4th Circ. Won't Revisit $9M Nurse Misclassification Ruling
The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.
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September 16, 2025
NC Justices Hear Clash Over Property Compensation Suits
Landowners' cases challenging their payouts for seized property threaten to upend North Carolina's jurisprudence, bury it in litigation and overly inflate damages owed if lower courts' rulings are left undisturbed, the state's Supreme Court was told Tuesday.
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September 16, 2025
4th Circ. Revives RICO Claims On Amazon Project Kickbacks
The Fourth Circuit in a published decision Tuesday revived racketeering and other claims from Amazon.com Inc. after two former employees, a real estate developer and an attorney operated a kickback scheme as the company spent hundreds of millions of dollars on a set of data center projects in northern Virginia.
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September 16, 2025
4th Circ. Asked To Rehear 'Inspire' Dance Team Case
A North Carolina charter school on Tuesday asked for the full Fourth Circuit to hear its claims that two former teachers should be barred from using the name "Inspire" for their dance company, arguing that declining to block the teachers is at odds with decades of circuit precedent.
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September 16, 2025
FDIC Gets More Discovery In SVB Fraud Coverage Row
A Chubb unit must comply with a previous order forcing it to give documents relating to the drafting history of certain policy provisions to Silicon Valley Bank former parent SVB Financial Group in a $73 million private equity fraud coverage dispute, a North Carolina federal court ruled.
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September 16, 2025
Maritime Recruiter Settles Naval Engineers' No-Poach Claims
A maritime jobs recruitment company has settled claims it participated in an illegal no-poach conspiracy to suppress wages among some of the country's biggest warship makers and naval engineering consultants, court records show.
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September 16, 2025
Lowe's Skirts NC Class Actions Over Alleged False Discounts
A North Carolina federal judge threw out two proposed consumer class actions alleging Lowe's tricks customers into thinking they're getting a good deal with falsely advertised discount prices on products, finding the alleged harm for potential class members is too speculative.
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September 16, 2025
Trump Taps US Atty Nominees For NC, NH And Louisiana
President Donald Trump has named U.S. attorney nominees for Louisiana, New Hampshire and North Carolina.
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September 16, 2025
Duke Strikes $2.35M Deal To Resolve Mortality Data Suit
Duke University has agreed to pay $2.35 million to settle a proposed class action alleging the school's use of decades-old mortality tables to calculate retirement benefits shorted former employees by millions of dollars, according to a filing in North Carolina federal court.
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September 15, 2025
NBA's Trail Blazers Sold To Owner Of NHL's Hurricanes
The estate of Paul Allen has reached an agreement to sell the NBA Portland Trail Blazers to a group led by Tom Dundon, the chair of Dundon Capital Partners, who has had notable success in sports ownership in the National Hockey League and in professional pickleball but also is in the midst of a legal fight over the collapse of a spring football league.
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September 15, 2025
Jordan's Racing Team Looks To Nix NASCAR's Counterclaims
Two teams that have accused NASCAR of monopolizing premier stock car racing are trying to stop the league's counterclaims from making it to trial in December, arguing that its assertions that the teams conspired against NASCAR are unsupported by the evidence after discovery.
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September 15, 2025
Charleston SC Not Appealing Dismissal Of Climate Suit
Charleston, South Carolina, has ended its pursuit of climate change-related infrastructure damages from fossil fuel companies, electing not to appeal a state judge's dismissal of the city's lawsuit last month.
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September 15, 2025
Software Co. Defends Contempt Order Against Womble Atty
A North Carolina federal court fairly held Womble Bond Dickinson partner Pressly Millen in contempt after he and his client made misrepresentations in a "parallel" trademark dispute abroad, U.S.-based software company Dmarcian Inc. told the Fourth Circuit on Friday.
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September 15, 2025
Ex-NFL Player Nabs Default Against Firms Tied To Adviser
Retired NFL defensive lineman Mike Rucker and his wife won default judgment against several companies tied to their former financial adviser who is accused of mismanaging their money, after a state Business Court judge said the entities failed to respond to the Ruckers' suit alleging they enabled the adviser's fraud.
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September 15, 2025
NC Co.'s $41M Navy Award Challenge Sinks At GAO
The U.S. Government Accountability Office rejected an incumbent contractor protest asserting that the U.S. Navy improperly steered a $41.6 million training support services to another company and its subcontractor based on inflated past performance ratings.
Expert Analysis
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.