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North Carolina
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August 05, 2025
Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.
With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.
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August 05, 2025
States Push DOJ To Crack Down On Illegal Offshore Gambling
Attorneys general from several states have written a letter asking the U.S. Department of Justice to target the "rampant spread" of illicit offshore online sports betting and gambling operations, which they say are harming United States citizens and depriving states of tax revenue.
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August 05, 2025
4th Circ. Faults Board For Shallow Review Of Asylum Case
The Fourth Circuit on Tuesday partially revived a Salvadoran woman's claim for asylum, finding that the Board of Immigration Appeals failed to properly assess whether she belonged to a legally protected social group.
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August 05, 2025
Ex-Wells Fargo Adviser Fights $400K Award In 1-Day Arbitration
A former Wells Fargo financial adviser asked a North Carolina federal court Monday to vacate a nearly $400,000 arbitration award entered against him, alleging the one-day merits hearing was rushed and ignored key evidence.
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August 05, 2025
Disbarred North Carolina Atty Admits To Wire Fraud Scheme
A disbarred lawyer in North Carolina has copped to criminal wire fraud charges stemming from the misuse of his trust account after federal prosecutors said he used escrow funds earmarked for the sale of personal protective equipment to pay back another company.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
Charlotte Bar Shares Blame For Fatal Shooting, NC Panel Told
The estate of a shooting victim has doubled down on its efforts in a North Carolina appellate court to revive wrongful death claims against a bar accused of overserving the shooter, arguing the lower court ruled on foreseeability too early in the case.
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August 04, 2025
FCC Told States, Cities To Blame For Broadband Delays
A trade association representing the global broadband industry told the Federal Communications Commission that state and local practice vary widely when it comes to broadband permitting, with some approvals taking more than a year and fees and bureaucratic delays being a frequent issue.
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August 04, 2025
Phone Dealer Fights Sanctions Bid In Stolen Shipment Suit
A cellphone dealer facing a lawsuit over a stolen shipment has urged a North Carolina federal judge not to sanction it over its allegedly deficient discovery responses, arguing that it has turned over nearly 20,000 pages of information and "acted in good faith" to resolve the dispute.
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August 04, 2025
CIA Officers Press 4th Circ. To Uphold Bar On DEIA Firings
A group of intelligence officers urged the Fourth Circuit on Friday to affirm a federal judge's order blocking the Trump administration from terminating them for their involvement with diversity, equity, inclusion and accessibility-related assignments in the CIA and Office of the Director of National Intelligence.
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August 04, 2025
4th Circ. Backs SBA In Denying COVID Loan Relief To Va. Biz
A global consultancy and risk management company lost its bid Monday to revive its loan repayment suit against the U.S. Small Business Administration, as the Fourth Circuit found that the SBA fairly concluded the $5 million loan was ineligible for COVID-19 debt relief.
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August 04, 2025
'Cardiac Pack' Says Ohio NIL Ruling Doesn't Apply To NC Suit
The end of a name, image and likeness lawsuit in Ohio has little bearing on a suit filed against the National Collegiate Athletic Association in the Tar Heel State, a group of former collegiate basketball players have told the North Carolina Business Court.Â
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August 04, 2025
CFO Looks To Jettison Widow's Fight Over Founder's Assets
The chief financial officer of a company behind a college athletics database has argued in an early exit bid that he has no connection to the state of North Carolina, where he's been accused in a civil lawsuit of driving the company's founder to take his own life amid allegations of embezzlement.
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 01, 2025
PE Investor Can't Move Suit to Del., NC Judge Says
A North Carolina Business Court judge declined to allow a private equity investor to voluntarily dismiss its derivative lawsuit against the fund's asset manager and majority owner and move the case to Delaware, finding that the shareholder failed to plead facts demonstrating a legitimate derivative claim under Delaware law.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
NC Man Warns Justices Of 'Odor Alone' Pot-Search Dangers
A North Carolina man who pled guilty to firearms charges after police found a weapon in his vehicle after smelling cannabis is urging the state's Supreme Court to find that the odor alone is not enough to establish probable cause, saying the current state of the law means anyone carrying state-legal hemp effectively gives up their Fourth Amendment right to be free of unreasonable searches.
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August 01, 2025
Real Estate Recap: Succession Planning, 'Build, Baby, Build'
Catch up on this past week's key developments by state from ¼«ËÙÈü³µ Real Estate Authority — including attorney insights into how law firms are winning the succession game, and the Trump administration's efforts to cut red tape for data center projects.
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August 01, 2025
2nd Circ. Affirms Class Cert. In VRDO Suit Against Banks
The Second Circuit on Friday upheld a lower court order granting class certification to a group of American cities and others that are accusing eight large banks of inflating interest rates on debt securities known as variable rate demand obligations, saying the district court applied the correct legal standard in granting certification.
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August 01, 2025
1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship
The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.
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August 01, 2025
4th Circ. Says Richmond PD Bias Claims Can't Sink Indictment
The Fourth Circuit on Friday restored a federal grand jury indictment against a driver who fled police in Richmond, Virginia, finding a district court overstepped in blaming purported racial bias by the Richmond Police Department for the otherwise justifiable traffic stop.
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August 01, 2025
US Defends Bulk Denial Of Worker Credits At 9th Circ.
An Arizona federal court was right to deny a request by tax services firms to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the U.S. told the Ninth Circuit, defending the agency's system for handling problems administering the tax credit.
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August 01, 2025
Most Of Property Co.'s Hailstorm Insurance Fight Tossed
A property investment company can raise nearly none of its claims against its insurer for hailstorm damage from 2019 and 2023, a North Carolina federal court ruled, finding that because claims concerning the 2019 storm are time-barred, those corresponding documents can't support much of the 2023 claims.
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August 01, 2025
NC Atty Says Ex-Wife Has No Claim To Firm's Future Earnings
An intellectual property lawyer in North Carolina told the state's top court that his ex-wife isn't entitled to half the value of his law firm in their divorce, arguing that whatever he earns from the firm's goodwill in the future can't be divvied up as part of the marital estate.
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August 01, 2025
NC Legislation Highlights Of The 1st Half Of 2025
The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.
Expert Analysis
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.