North Carolina

  • June 21, 2024

    Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe

    In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.

  • June 21, 2024

    Seton Hall Denies Fault For Student's Death In COVID Isolation

    Seton Hall University is asking a federal court to dismiss a wrongful death suit brought by the family of a student who died in mandatory isolation in her dorm room after testing positive for COVID-19 and then having an epileptic seizure.

  • June 21, 2024

    HCA Wants Out Of Respiratory Therapist's Wage Suit

    Healthcare company HCA said it didn't employ a respiratory therapist accusing the entity of manipulating workers' time sheets and owing them wages, urging a North Carolina federal court to toss the proposed class and collective suit.

  • June 21, 2024

    Atrium Accused Of Tanking $62M Medicare Advantage Plan

    An insurance provider that partnered with Atrium Health to offer a new Medicare Advantage plan is now suing for breach of contract, saying in a North Carolina state court complaint that Atrium tanked the rollout by refusing to engage in much-needed marketing efforts.

  • June 21, 2024

    Justices Strengthen Jury Trial Rights For Stiffer Sentences

    The constitutional rights to due process and trial by jury extend to a pivotal prong of a prominent sentencing enhancement for recidivism, the U.S. Supreme Court held in a Friday decision that casts doubt on many incarcerations and promises to reshape future trials.

  • June 20, 2024

    NC Agency Hit With Race Bias Suit Over $17.8M Project

    The North Carolina Department of Transportation and one of its contractors subjected Black employees of a subcontractor to "flagrant racial discrimination," according to a federal lawsuit filed Wednesday.

  • June 20, 2024

    ACC Fights FSU's Stay Appeal In Media Rights Contract Suit

    The Atlantic Coast Conference has urged North Carolina's highest court to support a judge's decision to reject a bid by Florida State University to pause the organization's media rights lawsuit while a related action plays out in the Sunshine State.

  • June 20, 2024

    Catholic Diocese Can't Duck Sex Abuse Suit, NC Justices Told

    A Catholic diocese and a missionary organization can't escape child sex abuse claims by asserting a distinction between the perpetrators and enablers of such abuse under state law, a man suing over abuse he allegedly experienced as a teen has told North Carolina's top court.

  • June 20, 2024

    EPA Water Rule Withstands Landowner's Attempt To Block It

    A North Carolina federal judge declined to block the federal government's rule defining the scope of the Clean Water Act in a lawsuit filed by a landowner seeking to develop property in wetlands areas.

  • June 20, 2024

    Skadden, Weil Guide Honeywell's $1.9B Defense Tech Co. Buy

    Honeywell International Inc. said Thursday it plans to acquire defense electronics company CAES Systems Holdings LLC in a $1.9 billion all-cash deal guided by Skadden Arps Slate Meagher & Flom LLP and Weil Gotshal & Manges LLP that Honeywell said would enhance its radio frequency technology offerings for military aircraft, missiles and drones.

  • June 20, 2024

    NC Law Firm Fights Ex-Client's Bid To Ditch Malpractice Deal

    A personal injury law firm and one of its former attorneys urged a North Carolina state appeals court to enforce their settlement with a prior client in a legal malpractice suit, as the client asserts that he was sick during mediation and didn't know what he was doing when he signed the agreement.

  • June 18, 2024

    Novant Pays $6.7M For Sharing Patient Data With Facebook

    A North Carolina federal judge on Monday gave the final seal of approval to a proposed $6.7 million deal resolving litigation alleging Novant Health Inc. shared sensitive patient data with Facebook, certifying a nationwide settlement class of roughly 1.3 million individuals.

  • June 18, 2024

    Fla. Immune To Contract Suit Over COVID Tests, 4th Circ. Says

    The Fourth Circuit reversed on Tuesday a district court decision denying a motion to dismiss by a Florida state agency in a breach of contract case involving COVID-19 tests, finding the lower court erred in ruling that the state did not have sovereign immunity and remanding the case for further proceedings.

  • June 18, 2024

    Rival Pool Supply Co. Looks To Duck Blueworks Ch. 11 Stay

    Pool supply company Hayward Industries Inc. has asked a bankruptcy court for a reprieve from the automatic stay protecting its bankrupt rival Blueworks Corp. as it seeks to secure final orders upholding a $16 million false advertising and unfair business practices judgment.

  • June 18, 2024

    Justices Urged To Take Case On USPTO Home Address Rule

    Five organizations have expressed support for a small North Carolina law firm asking the U.S. Supreme Court to review the U.S. Patent and Trademark Office's decision to require trademark applicants to disclose their home addresses — a decision that should have had public input, according to amicus briefs filed over the past week.

  • June 18, 2024

    4th Circ. Says Filmmaker Has Right To Sealed Court Docs

    The Fourth Circuit on Tuesday revived a documentary filmmaker's bid to access sealed documents from a False Claims Act suit against student loan providers, finding he has a First Amendment right to the material and the parties must prove if the seal is warranted.

  • June 18, 2024

    Novant Drops NC Hospital Merger After 4th Circ. Pauses Deal

    Novant Health has abandoned its plans to purchase two North Carolina hospitals for $320 million after a split Fourth Circuit panel on Tuesday granted the Federal Trade Commission's bid for an emergency injunction putting the deal on hold indefinitely.

  • June 17, 2024

    Dutch Insurer Says Record Clear To Affirm $160M Arbitration

    A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.

  • June 17, 2024

    Weigh Therapist's Opinion In Deportation Case, 4th Circ. Says

    A divided Fourth Circuit on Monday revived a Mexican woman's efforts to stay in the country, faulting an immigration judge for not considering the impact of his deportation order on the woman's clinically depressed daughter.

  • June 17, 2024

    FTC Says Hospital Won't Fail Without Novant Buyout

    The Federal Trade Commission is pushing back against claims that North Carolina's Lake Norman Regional Medical Center will fail if the agency halts its acquisition by Novant Health, telling the Fourth Circuit that the hospital is, in fact, profitable and stable.

  • June 17, 2024

    Don't Let Farm Org Rewrite Wage Rule Suit, DOL Tells Judge

    A farm group shouldn't be allowed to revise its challenge to the U.S. Department of Labor's new wage rule for certain temporary workers, the agency told a Charlotte, North Carolina, federal judge, saying the revision attempt comes too late as the matter is already awaiting the judge's decision.

  • June 17, 2024

    Nursing Home Co. Owes Fees On Staffing Deal, Recruiter Says

    An international recruiter has accused the owners of nursing homes and assisted living communities in several states of failing to fork over fees for placing nurses and nursing assistants in their facilities, saying they owe over $3.4 million in outstanding fees.

  • June 17, 2024

    High Court Will Mull Proof Needed For Wage-Hour Carveout

    The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

  • June 14, 2024

    Real Estate Recap: Special Servicers, 'Dirty' Money, Alt Energy

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including recent litigation targeting special servicers, a 700% increase in brownfield funding, and one BigLaw real estate leader's take on alternative energy as interest rates hold steady.

  • June 14, 2024

    Janssen Hit With $150M Verdict In HIV Drug False Claims Suit

    A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

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    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • NC TikTok Order Holds Lessons On Handling State AG Probes

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    Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

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