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North Carolina
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September 25, 2025
NCAA Urges 4th Circ. To Move Fast On W.Va. U. Eligibility Suit
The NCAA's appeal of the injunction allowing four West Virginia University football players to immediately return to competition needs an expedited schedule, at the risk of district courts granting even more athletes eligibility while cases are still being argued, the NCAA told the Fourth Circuit on Wednesday.
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September 25, 2025
Biogas Co., Lender End Biz Battle Ahead Of Trial
On the eve of a trial, a biogas project developer and its lenders have ended their legal battle over the financing and control of renewable energy projects and also finalized a roughly $734,000 judgment against the developer and its principal.
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September 25, 2025
NC BBQ Chain Nets Deal To End Trademark Fight With Flagship
A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.
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September 25, 2025
Labcorp Workers Balk At Paying For Expert's Biz Class Airfare
Labcorp shouldn't be reimbursed for its expert witness's round-trip business class flight and other ancillary costs it wants a group of employees to pay after fending off claims that it mismanaged their retirement savings, the workers have told a North Carolina federal judge.
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September 25, 2025
Apple Affiliate Pushes To Undo Classes After Wage Case Loss
Five classes of workers in a $840,000 a wage suit against an Apple-affiliated repair company in North Carolina federal court are rootless after a Fourth Circuit decision, the company said, accusing the workers of fabricating quotes from a case they relied on in their opposition.
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September 25, 2025
Western NC Fed. Judge Nominee Would Break Gender Barrier
If U.S. Magistrate Judge Susan Rodriguez is confirmed by the U.S. Senate Judiciary Committee, she will be one step closer to becoming the first woman to serve as an Article III district court judge in the 153-year history of the Western District of North Carolina.
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September 25, 2025
Driver Says Mazda's Sanctions Bid Is Itself Sanctionable
The leader of a proposed class of Mazda drivers suing over an alleged oil burning defect is firing back at the automaker's call for sanctions for what it called "frivolous" postjudgment filings, saying Mazda's filing is legally baseless and filled with ad hominem attacks on his attorney, so the company is the one that should face sanctions.
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September 24, 2025
NC Med. Provider Exposed 450K Peoples' Data, Patient Says
A healthcare provider with locations throughout eastern North Carolina failed to protect the private data of at least 450,000 of its patients, then dragged its feet in notifying them, according to a potential class action filed in North Carolina federal court Tuesday.
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September 24, 2025
4th Circ. Kicks Trans Care Exclusion Suits Back To Trial Court
A pair of suits challenging health plan coverage exclusions on gender-affirming care for minors are headed to district court after the Fourth Circuit vacated decisions finding those policies discriminatory, in line with a U.S. Supreme Court directive to revisit the cases in light of new precedent.
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September 24, 2025
Woman Must Arbitrate Suit Against Verizon Over Stalker
A North Carolina federal judge has sent to arbitration a woman's suit against Verizon Communications Inc. alleging it handed her personal information over to her stalker, saying her claims against the company are not subject to a federal law precluding arbitration for sexual harassment claims.
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September 24, 2025
Md. County Backs Landowners In 4th Circ. Power Line Dispute
A county board of commissioners in Maryland told the Fourth Circuit that a Public Service Energy Group unit trying to build a 67-mile transmission line has no right to conduct testing on private landowners' properties, saying a lower court erred in granting the company access.
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September 24, 2025
Judge Preserves H-2A Worker Claims Against NC Farm
A North Carolina federal judge said the owners of Lee and Sons Farms must face a collective action brought by migrant farmworkers and certified several classes of workers alleging breach of contract and wage law violations.
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September 23, 2025
Experian Beats Credit Investigation Suit, For Now
Experian beat a proposed class action alleging it failed to timely reinvestigate disputed information in a plaintiff's file that kept him from securing a property mortgage loan, a North Carolina federal judge said Tuesday, finding that the plaintiff lacked standing and couldn't fairly trace his injury to the delay in reinvestigation.
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September 23, 2025
NC Legislature Passes Bill To Eliminate Cashless Bail
In the wake of the murder of a Ukrainian refugee on public transit allegedly by a man recently arrested and freed on a promise to appear, North Carolina's General Assembly on Tuesday passed a bill to eliminate cashless bail and make it easier to execute people in the state.
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September 23, 2025
Ex-Provost Says UNC Hired Belichick After Unlawful Meeting
A former provost is suing the University of North Carolina at Chapel Hill's board of trustees in state court, alleging the board conducted last-minute hiring deliberations over a multimillion-dollar contract for legendary football coach Bill Belichick in an unlawfully secret meeting.
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September 23, 2025
NC Sens. Vote To Cut Planned Parenthood's Medicaid Funds
Republican state senators in North Carolina have greenlit a bill that would revoke Medicaid funding for Planned Parenthood, aligning the Tar Heel state with the president's "One Big Beautiful Bill," which prohibits Medicaid funding for nonprofit groups that provide abortion services.
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September 23, 2025
Neb. Tribe Seeking Kids' Remains Fights Army's Defense
A Native American tribe seeking to repatriate children's remains currently held on U.S. Army property told the Fourth Circuit on Tuesday that the federal government is misrepresenting the tribe's complaint by claiming the tribe improperly said it couldn't locate living relatives.
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September 23, 2025
Ch. 11 Shields Co. From Suit Over Inmate Stroke, Judge Says
A federal judge in North Carolina has dismissed prison healthcare provider Wellpath from a lawsuit brought by the family of a man who died of a stroke inside a Charlotte jail, finding that the company's bankruptcy shields it from liability but allowing claims against a county sheriff and others to continue.
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September 23, 2025
Chemours Asks 4th Circ. To Toss Ohio River Pollution Order
Chemours told the Fourth Circuit a West Virginia federal judge botched the law and the science about the risks a forever chemical poses when he ordered its Washington Works facility to stop discharging permit-exceeding amounts of the substance into the Ohio River.
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September 23, 2025
NC Paralegal Says Cancer Is Disability In Bias Fight With Firm
A paralegal in North Carolina said The Driscoll Firm PC can't duck her suit claiming she was fired a day after informing higher-ups that her ovarian cancer had come back, arguing the complaint contains sufficient allegations of her disability and the firm's wrongful discharge.
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September 22, 2025
SEC Sues NC Man For 'Free-Riding' Securities Scheme
A North Carolina man faces U.S. Securities and Exchange Commission allegations that he systematically gamed certain broker-dealers to engage in a so-called free-riding scheme that enabled him to trade nearly $900,000 worth of securities despite not actually possessing the funds to do so.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.
The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.
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September 22, 2025
Judge Tosses TM Suit Over Doctored Photo Of Protesters
A North Carolina federal judge has dismissed a trademark infringement suit, some of it permanently, alleging a restaurant altered a picture of a group of drag show protesters into an image promoting the event and the venue's food, ruling that images of the protesters are not marks.
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September 22, 2025
Experian Asks 4th Circ. To Reverse Arb. Ruling In FCRA Suit
Consumer reporting agency Experian has asked the Fourth Circuit to overturn a lower court's decision concerning the arbitration of a lawsuit brought by a consumer falsely reported as dead, saying the judge was wrong not to enforce clauses in the consumer's agreement that delegated such decisions to an arbitrator.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.