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North Carolina
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March 31, 2025
Chicken Processor Strikes $7.26M Deal In Wage Suit
A North Carolina chicken processor and workers claiming unpaid wages jointly requested that a federal court greenlight a deal in which the company agreed to pay $7.26 million to the workers.
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March 31, 2025
Nut Butter Co. Says Calif. Rival Copied 'Big Spoon' Trademark
A North Carolina company that makes various nut butters under the name "Big Spoon" is suing a California sauce company for trademark infringement, saying in a federal complaint that the rival business is selling similar products using the same name and confusing customers.
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March 31, 2025
NC Judge Axes Mexican Truck Co.'s $70M Volvo Suit
A North Carolina federal judge tossed out a Mexican trucking company's $70 million suit against Volvo Group North America LLC in a one-page order adopting a magistrate judge's recommendation that the case be dismissed for leaving out "necessary and indispensable parties" for the contract claims to survive.
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March 31, 2025
EMS Workers Get Nothing In Wage Suit Against NC County
A North Carolina county violated the Fair Labor Standards Act by underpaying emergency medical services workers during certain pay periods, but the workers are not entitled to any extra money because they were overpaid at other times, a federal judge determined Monday.
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March 31, 2025
Judge Won't Let Wells Fargo Duck Bulk Of $22M ADA Verdict
A North Carolina federal judge on Monday mostly kept intact a $22.1 million Americans with Disabilities Act verdict against Wells Fargo, though he did agree to lower the jury's punitive damages, which he said exceeded the statutory cap.
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March 31, 2025
Progressive Says Motorcycles Aren't 'Autos' For Crash Claims
Progressive asked a North Carolina federal court to declare it does not owe bodily injury coverage to a woman who was hurt while riding as a passenger on a motorcycle that went off the road, arguing in its new complaint that the motorcycle is not an "auto" for "auto accident" coverage.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Real Estate Recap: Train Domain, FinCEN, Atlanta Data Centers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an insider's view of the Union Station takeover in Washington, D.C., the latest game-changing development at the Financial Crimes Enforcement Network, and a BigLaw dealmaker's take on Atlanta's data center boom.
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March 28, 2025
Chinese Pool Parts Supplier Can't Undo False Ads Verdict
A Chinese pool parts supplier can't reverse a jury verdict for false advertising and deceptive business practices, a North Carolina federal judge has said, finding the company tried to bring new arguments that weren't raised at trial.
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March 28, 2025
Labcorp Denied Early Win In 401(k) Fee Suit
A North Carolina federal judge denied Labcorp's motion for an early win Friday in a class of employee 401(k) participants' suit alleging their retirement savings were mismanaged, citing the parties' factual disputes over whether recordkeeping fees and investment offerings violated federal benefits law.
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March 28, 2025
NC Atty Can't Shield Bank Docs From Tycoon In Hacking Suit
A North Carolina attorney and former FBI agent can't stop aviation tycoon Farhad Azima from parsing through his bank records as part of an international hacking conspiracy case, a federal judge said Friday, though he did limit the scope of the records Azima sought.
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March 28, 2025
Feds Settle NC Insurer's Medicare Reimbursement Suit
The U.S. Department of Health and Human Services has settled a North Carolina state-created insurance association's suit arguing it did not need to pay back the federal Medicare program for claims that should otherwise be covered by private insurance, and the parties jointly dismissed the matter Thursday.
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March 28, 2025
Vape Co. Sued Over Burns From Exploding Battery
A North Carolina man is suing a Chinese vape company and its American affiliate in federal court, alleging that a vape they made and sold him exploded when the battery inside it short-circuited, leaving him with second- and third-degree burns.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
Chamber Asks Justices To Review Duke Energy Monopoly Suit
The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.
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March 27, 2025
Insurer Can't Escape Auto Co.'s $50M COVID Coverage Suit
An insurer can't escape an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19-related losses, a North Carolina federal court ruled, saying the manufacturer sufficiently alleged that its losses are covered under the policy's communicable disease endorsement.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
NC Biz Court Limits Testimony In Smithfield Coverage Trial
A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.
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March 27, 2025
Life Sciences REIT Says Ex-Employee Stole Trade Secrets
Alexandria Real Estate Equities Inc. filed suit against a former employee in Massachusetts federal court, alleging that he stole a trove of proprietary information as he was planning to leave the company.
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March 27, 2025
Dutch Software Co. Tells 4th Circ. To Pause Trial After Atty DQ
A Dutch software company is taking another stab at delaying its impending trademark trial with an American rival, telling the Fourth Circuit that it should not be forced to proceed after the district court held one of its attorneys in contempt and essentially disqualified him.
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March 27, 2025
Jordan's NASCAR Team Fires Back At League's Cartel Claim
Michael Jordan's racing team has urged a North Carolina federal judge to toss NASCAR's counterclaim in an antitrust suit against the league, arguing that the stock car racing company has failed to lay out enough detail on the alleged cartel Jordan's team and others purportedly formed to harm its business.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
3 Firms Guide Nuclear Power Startup's $925M SPAC Merger
Nuclear power developer Terrestrial Energy Inc. plans to go public by merging with special purpose acquisition company HCM II Acquisition Corp. at a $925 million equity value under guidance from three law firms, both parties announced Wednesday.
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March 26, 2025
4th Circ. Says Credit Union Not Liable For Fraudulent Transfer
A Fourth Circuit panel on Wednesday reversed a lower court ruling that held a credit union liable for a scammer's use of its services to swindle a metal fabricator out of $560,000, ruling that banks aren't on the hook for misdescribed fund transfers without "actual knowledge" of the discrepancy.
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March 26, 2025
Wings Restaurant Illegally Retains Tips, Server Says
Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.