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North Carolina
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November 04, 2025
Dad Expands Wrongful Death Claims In Ketamine Overdose Suit
A father who claims his 27-year-old son died of a ketamine overdose due to the negligent practices of online therapy provider Mindbloom has added Illinois-based specialty pharmacy chain Optio Rx LLC as a defendant in his North Carolina state lawsuit, claiming it is liable for compounding, manufacturing and shipping the dangerously "unpredictable drug."
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November 04, 2025
NASCAR Has Monopoly, Judge Rules Ahead Of Antitrust Trial
NASCAR has a monopoly over premier stock car racing, a North Carolina federal judge ruled late Tuesday in handing two teams — including one owned by basketball legend Michael Jordan — a pretrial win on what the judge described as "two core elements" of their antitrust case.
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November 04, 2025
4th Circ. Urged To Revive Bias Suit Over COVID Vaccine Firing
A Black former sales administrator asked the Fourth Circuit on Monday to revive her religious and race bias lawsuit, arguing that her employer knew she was deeply religious and she proved a "sincerely-held belief" against receiving the COVID-19 vaccine.
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November 04, 2025
Fed. Circ. Denies VA Surgeon's Wrongful Termination Appeal
The Federal Circuit on Tuesday affirmed the U.S. Merit Systems Protection Board's decision to uphold the firing of a general surgeon by the U.S. Department of Veterans Affairs after he raised concerns about compromised patient care.
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November 04, 2025
Fed Can't Boot Vaccine Bias Suit To DC, Ex-Staffer Says
A former employee of the Federal Reserve Board said its chairman can't punt his discrimination and retaliation suit to D.C. federal court, arguing most of the adverse treatment he allegedly suffered occurred while he was working remotely in North Carolina.
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November 04, 2025
Rare Earth Cos. Announce $1.4B Partnership With US Gov't
Two companies said they have entered into a $1.4 billion joint partnership with the U.S. Department of Defense aimed at boosting the country's domestic rare earth magnet supply chain.
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November 04, 2025
NC University Fights Ex-Football Player's Negligence Appeal
A North Carolina university could not foresee an on-campus altercation between students, and therefore had no duty to protect one of those students who later sued the school for negligence, a North Carolina state appeals court was told.
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November 03, 2025
Samba TV Dodges Nonresidents' Calif. Data Privacy Claims
A group of television owners who live outside of California can't use the state's wiretap laws to sue Samba TV for allegedly intercepting their video-viewing data and have failed to adequately allege that the analytics provider is covered by federal video privacy law, a California federal judge ruled in axing a proposed class action against the company.
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November 03, 2025
BofA Says It's Fielding 'Fair Access' Regulatory Inquiries
Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.
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November 03, 2025
Paymentus Faces Trial Over Fintech Atty's Age Bias Claims
A former in-house attorney for billing company Paymentus Corp. can bring her retaliation, age discrimination and wrongful discharge claims to trial after a North Carolina federal judge on Monday granted only partial summary judgment in the company's favor.
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November 03, 2025
Equipment Breakdown Insurers Needn't Cover Iron Plant Loss
Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.
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November 03, 2025
Gym Co. Sues YouTuber Over 'Worst Product' Review Video
A Connecticut YouTuber who reviews home gym products is accused of violating federal trademark law and defaming a small business on his channel with false statements and gratuitous insults about a product, according to a newly filed North Carolina complaint.
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November 03, 2025
Wolfspeed Says Gas Supplier Reneged On Equipment Deal
Recently bankrupt semiconductor company Wolfspeed Inc. accused a bulk gas supplier in North Carolina federal court of failing to follow through on a contract by not removing gas equipment and suspending service fees.
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November 03, 2025
NC Inn Fights To Preserve Counterclaims In Wage Suit
A North Carolina inn's breach of contract and negligence counterclaims against two innkeepers are intertwined with the workers' wage and hour claims and not retaliatory, the inn said, urging a federal court to keep the counterclaims in place.
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October 31, 2025
Real Estate Recap: Retail Rebirth, Data Center Outlier, SCIFs
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at how recent big-box store bankruptcies could usher in a retail sector revival, Florida's comparative inertia building data centers, and a rise in the niche asset class known as "sensitive compartmented information facilities."
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October 31, 2025
Toxic-Water Litigants Slam Expert As 'Rented White Coat'
An expert witness for the federal government in litigation over contaminated water at the Camp Lejeune military base is merely a "rented white coat" proffering junk science and serving big-industry interests, claimants told a North Carolina federal court this week in a bid to exclude her from the case.
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October 31, 2025
Trump Admin Must Keep SNAP Running, Federal Judges Say
A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.
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October 31, 2025
4th Circ. Denies En Banc Review In Bestwall Ch. 11 Case
The Fourth Circuit on Thursday declined asbestos claimants' request for an en banc review of a panel ruling in a Georgia-Pacific LLC spinoff's Chapter 11 case, rejecting on an 8-6 vote an argument that the bankruptcy is a sham and blocks victims' access to justice.
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October 31, 2025
Contractor Sues Over Delays To 4th Circ. Courthouse Project
A Virginia-based contractor is suing the General Services Administration, claiming that the agency hasn't paid for more than $500,000 of construction work on the Fourth Circuit's Lewis F. Powell Jr. U.S. Courthouse in Richmond.
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October 31, 2025
PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'
Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.
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October 31, 2025
Drone Co. Says 'Disgruntled' Ex-VP Tried To Torpedo Funding
A manufacturer of emergency response drones is characterizing a state court lawsuit brought by its former vice president of sales that claims he was shortchanged on pay and commissions as the grumblings of a "disgruntled" ex-employee who allegedly tried to sabotage the company.
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October 31, 2025
NC Attorney General, HCA Duel Over Merger Commitments
The North Carolina Attorney General's Office and HCA Healthcare have offered competing interpretations of a 2019 merger agreement in their efforts to secure a pretrial win in the state's compliance case involving the purchase of an Asheville hospital system.
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October 30, 2025
GOP Senator Floats Fair Access Bill In 'Debanking' Push
Sen. Thom Tillis, R-N.C., introduced draft legislation Thursday that he says builds on an earlier attempt to prevent banks from blocking conservatives or disfavored industries from opening accounts, proposing the creation of a fair access standard that allows regulators and attorneys general to sue noncompliant banks.
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October 30, 2025
NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows rules on vacating default judgments.
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October 30, 2025
NASCAR Driver Says Life Insurer Pitched Him 'Financial Trap'
NASCAR driver Kyle Busch and his wife said they lost $8.5 million after they were allegedly bamboozled by Pacific Life Insurance Co. and an insurance producer to invest in complex life insurance policies as a form of tax-free retirement income, according to a North Carolina state court complaint.
Expert Analysis
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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How Community Banks Can Limit Overdraft Class Action Risk
With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.