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North Carolina
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November 14, 2025
4th Circ. Again Denies Man's Bid For Deportation Relief
The Fourth Circuit has again refused to revive a Mexican native's bid for deportation relief, saying his Virginia conviction for receiving stolen property is still a crime involving moral turpitude despite a change in how ambiguous laws should be interpreted.
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November 14, 2025
Real Estate Recap: Public RMBS Revival?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a U.S. Securities and Exchange Commission veteran's view into how public offerings of residential mortgage-backed securities could return for the first time since financial crisis-era reforms.
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November 14, 2025
NC Coastal Erosion Spurs Call For Proactive Flood Coverage
North Carolina's governor and the state insurance commissioner are calling on Congress to pass a bill that would cover homes on the brink of collapsing into the ocean under the National Flood Insurance Program — a problem currently plaguing the state's shoreline, where coastal erosion has claimed 27 homes along the Outer Banks since 2020.
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November 14, 2025
Ex-Va. City Atty Tells 4th Circ. FMLA Doesn't Immunize Officials
The Family and Medical Leave Act doesn't contemplate qualified immunity, a former Virginia city assistant attorney told the Fourth Circuit on Thursday, arguing that a municipal attorney cannot appeal a federal court's decision to let his FMLA suit go to trial.
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November 14, 2025
NC, Utah Attorneys General Launch Nationwide AI Task Force
Democratic North Carolina Attorney General Jeff Jackson and Republican Utah Attorney General Derek Brown have announced the formation of a nationwide artificial intelligence task force in collaboration with developers OpenAI and Microsoft, as well as the Attorney General Alliance, a nonprofit group of bipartisan state attorneys general.
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November 14, 2025
Smith Anderson Adds Fox Rothschild Land Use Duo
Smith Anderson Blount Dorsett Mitchell & Jernigan LLP has welcomed land use duo Robin Tatum as partner and Catherine Hill as counsel, expanding the firm's land use practice in its office in Raleigh, North Carolina, where it is based. The lawyers, who are joined by paralegal Amanda Ball, arrive from Fox Rothschild LLP.
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November 14, 2025
Camp Lejeune Plaintiffs Say Feds' Overlong Briefs Risk Delays
Attorneys representing Camp Lejeune toxic water litigants are urging a North Carolina federal court to expedite the upcoming set of bellwether cases, saying the government shouldn't be allowed to cause delay through unnecessary and excessive briefs that together are longer than "Moby Dick."
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November 14, 2025
King & Spalding, Atty Move To End Bias Suit At 4th Circ.
King & Spalding LLP and an attorney who complained that she didn't apply to a summer associate program as a straight, white woman because the firm sought diverse applicants have agreed to end her bias case, according to a filing in the Fourth Circuit.
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November 13, 2025
NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes
The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.
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November 13, 2025
4th Circ. Won't Review Reversal Of Car Valuation Class Cert.
The full Fourth Circuit refused to review a decision revoking a Progressive policyholder's class certification win after finding she lacked standing to pursue her breach of contract claims over adjustments the insurer makes when calculating the actual cash value of a totaled vehicle.
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November 13, 2025
BofA Says Bid To Revive Fake Account Claim Is Deficient
Bank of America said consumers who accuse the bank of opening unauthorized credit card accounts in their names should not be allowed to amend their complaint to fix the issues a North Carolina federal court found with their Fair Credit Reporting Act claims, saying the suit's same pleading defects would remain.
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November 13, 2025
Chemours Urges 4th Circ. To Lift River Pollution Injunction
The Chemours Co. FC LLC on Wednesday asked the Fourth Circuit to strike down an injunction blocking the company from continuing to discharge forever chemicals into the Ohio River.
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November 13, 2025
Contract 'Mystifies' Judge Weighing Ammo Tech Secrets Suit
A North Carolina Business Court judge appeared mildly vexed at the terms of an employment contract underpinning an ammunition technology trade secrets suit, acknowledging in a Thursday hearing that "it's not the best worded contract in the history of the world."
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November 13, 2025
BofA Double-Charges Autopay Users Who Pay Early, Suit Says
Bank of America does not adjust automatic payments on credit cards when customers pay off their statement balance in the middle of a billing cycle and ends up charging them a second time, despite there being no outstanding balance, according to a proposed class action filed Tuesday in Illinois federal court.
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November 13, 2025
Housing Authority Pans 'Confusing' Bid To Revive Bias Claims
The public housing authority in Charlotte, North Carolina, has called a former coordinator's attempt to revive long-dismissed claims in her hostile work environment case that already went to trial "confusing" and "frivolous," saying the court should dismiss her request outright.
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November 13, 2025
Gov't Funding Deal Ends SNAP Benefits Battle
President Donald Trump's signing of a government funding bill Wednesday rendered moot lawsuits seeking to make his administration tap emergency funds for food assistance benefits, the administration told the U.S. Supreme Court on Thursday.
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November 13, 2025
Insurer Settles Ex-BofA Exec's Disability Benefits Suit
A subsidiary of Unum Group has agreed to end a former Bank of America executive's lawsuit claiming he was unlawfully denied disability benefits after he sustained a traumatic brain injury while at work, according to a filing in North Carolina federal court.
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November 12, 2025
Trump's Budget Deputy Named Interim US Atty In NC
Federal budget official and former U.S. Rep. Dan Bishop secured an interim role as one of North Carolina's top prosecutors Wednesday.
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November 12, 2025
NASCAR Can't Oust Teams' Damages Expert In Antitrust Trial
NASCAR can't block a damages expert from testifying at trial about potentially hundreds of millions of dollars in losses supposedly suffered by two teams suing the stock car racing company for alleged antitrust violations, a North Carolina federal judge ruled Wednesday.
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November 12, 2025
1st Circ. Weighs Federal Halt To Planned Parenthood Funding
First Circuit judges skeptically questioned a Planned Parenthood attorney Wednesday as they wrestled with whether Congress illegally singled out the organization in budget legislation that blocks its federal Medicaid funding for a year.
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November 12, 2025
Apple Faces Garnishment Bid In $1.6M Wage Suit Judgment
Workers seeking to pocket a $1.6 million judgment in their wage and hour case against an Apple-affiliated repair company asked a North Carolina federal court to garnish Apple's contract payments, saying that the contractor failed to post bond while it took the case to the Fourth Circuit.
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November 12, 2025
4th Circ. Sides With Father-Son Duo In Equity Fight
A company that makes elevated stairs on Wednesday lost its appeal at the Fourth Circuit following various rulings against it in a suit it lodged against its co-founder and his son over a soured business venture involving the design of the business's sole product.
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November 12, 2025
Pine Gate Gets $800M+ DIP After Revising Rollup
A Texas bankruptcy judge signed an order authorizing solar energy developer Pine Gate Renewables to roll up about $800 million in debt as part of its postpetition funding, after declining an earlier proposal that would have rolled up $1.4 billion on an interim basis.
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November 12, 2025
4th Circ. Backs Officer's Gun Draw, But Slams His Philosophy
The Fourth Circuit on Wednesday scolded a Virginia police officer who testified that he draws his gun when "there's any type of crime committed," saying unwarranted threats of deadly force are dangerous and can violate constitutional rights.
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November 12, 2025
Camp Lejeune Expert Criticism A Smear Tactic, Feds Say
The U.S. government said Camp Lejeune toxic water litigants leaned on "empty accusations of bias" in an effort to exclude an expert witness, telling a North Carolina federal court that the expert has a decades-long track record of using reliable scientific methods.
Expert Analysis
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.
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Notable Q3 Updates In Insurance Class Actions
The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.