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North Carolina
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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.
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September 30, 2025
Murdaugh's Banker Sentenced To 60 Months After Guilty Plea
The onetime bank CEO who pled guilty in South Carolina federal court to helping ex-lawyer and convicted murderer Alex Murdaugh steal client money has been sentenced to 60 months in prison, the same amount specified in his plea deal.
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September 30, 2025
Ex-Defender Urges 4th Circ. To Revisit Pro Bono Team Exit
A former assistant public defender asked the full Fourth Circuit to remand or rehear the question of whether her pro bono legal team had good cause to quit on the eve of trial in her sexual harassment lawsuit against the federal judiciary, saying a denial would permit any attorney to decamp from a client's case on the "flimsiest of pretenses."
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September 30, 2025
Judge Casts Doubt On RICO Claim Against Real Estate Mogul
A federal judge on Tuesday said he was inclined to grant real estate mogul Tony Azar and his associates a pretrial win on an investor's racketeering claim, but he was reluctant to agree with their argument that the rest of the allegations are time-barred.
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September 30, 2025
Workers Can't Get $1M Attorney Fees In $30K Wage Case
Two workers who agreed to settle their wage-and-hour claims against an automotive technology manufacturer for $30,000 didn't show why their attorneys should snag $1 million in fees, a North Carolina federal judge ruled Tuesday.
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September 30, 2025
Paymentus Pins Fintech Atty's Firing On Behavior, Not Bias
Billing company Paymentus Corp. told a North Carolina federal judge on Tuesday that it fired a former in-house attorney due to her alleged lack of workplace professionalism, rebutting her claims of age and gender bias.
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September 30, 2025
Han-Dee Hugo's Managers Win Collective Cert. In Wage Suit
A North Carolina federal judge has conditionally certified a collective action from Han-Dee Hugo's gas and convenience store managers who accused the employer of misclassifying them and denying overtime pay, finding the managers to be similarly situated.
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September 30, 2025
Co-Marketing Isn't A Kickback Scheme, NC Lender Says
A mortgage lender is urging a North Carolina federal court to toss a homebuyer's suit accusing it and an insurance broker of running a kickback scheme, arguing that the homebuyer is wrongfully alleging that its co-marketing agreement with the brokerage is some sort of kickback scheme.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Honeywell Says Ex-GC's Age Bias Suit Belongs Only In China
A former vice president and general counsel for a Honeywell International Inc. subsidiary is seeking a redo for her age discrimination claims despite the fact that her employment contracts say those claims must be litigated in China, Honeywell told a North Carolina federal court Friday.
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September 29, 2025
4th Circ. Rejects NCAA's Bid To Expedite Eligibility Appeal
The Fourth Circuit declined to fast track the briefing in an appeal of an injunction that paused the NCAA's eligibility rules and gave four West Virginia University athletes another year to play football.
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September 29, 2025
Refrigeration Co. Shuts Down Employee Stock Valuation Suit
A North Carolina industrial refrigeration company defeated a lawsuit claiming family operators undervalued the company to the detriment of employee stock ownership plan participants, with a federal judge ruling Monday that a former executive filed suit too long after he discovered the alleged mismanagement.
Expert Analysis
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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.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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The Political Branches Can't Redefine The Citizenship Clause
The U.S. Supreme Court’s Wong Kim Ark opinion and subsequent decisions, and the 14th Amendment’s legislative history, establish that the citizenship clause precludes the political branches from narrowing the definition of citizen based on how a parent’s U.S. presence is categorized, says federal public defender Geremy Kamens.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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NC COVID Ruling May Have Greater Coverage Implications
While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.