North Carolina

  • December 18, 2024

    The Biggest Trademark Decisions Of 2024

    The Pennsylvania State University emerged victorious in arguably the most closely watched trademark trial of the year against an online retailer that sold merchandise bearing historic Penn State marks, and the U.S. Supreme Court rejected an attorney's attempt to register "Trump Too Small" as a trademark. Here are Law360's picks for the biggest trademark decisions of 2024.

  • December 18, 2024

    Justices Will Decide If Medicaid Recipients Can Pick Providers

    The U.S. Supreme Court on Wednesday partially granted the state of South Carolina's petition to review a Fourth Circuit decision blocking its Medicaid program from ending its provider agreement with Planned Parenthood, agreeing to determine if the Medicaid Act allows a beneficiary to choose a specific provider. 

  • December 17, 2024

    NC Panel Revives Negligence Suit Against State Health Dept.

    An adult care center's constitutional claims accusing the North Carolina Department of Health and Human Services of negligently asserting bogus penalties and unfairly suspending admissions at the facility are timely, a North Carolina state appellate panel ruled Tuesday, reviving a case that previously landed before the North Carolina Supreme Court.

  • December 17, 2024

    UNC Doctor Can't Shield Minor Transgender Patients' Records

    A University of North Carolina doctor cannot assert privilege over medical records sought from the university by state Republicans fighting a suit by the physician and others seeking to enjoin a law imposing limits on transgender care for minors, a federal magistrate judge has ruled.

  • December 17, 2024

    Insurer Gets $29M Fatal Crash Judgment Thrown Out

    A North Carolina appeals court on Tuesday threw out a nearly $29 million judgment against an insurance company in a suit alleging it failed to defend and settle claims from a fatal car accident, saying the company had no duty to defend.

  • December 17, 2024

    4th Circ. Undoes Classes Of Bojangles Managers In Wage Suit

    A Fourth Circuit panel untangled two classes of over 5,000 shift managers accusing fried chicken restaurant chain Bojangles of owing workers pay for off-the-clock work, ruling Tuesday that a lower court's overly broad approach was fatal to keeping the certification in place.

  • December 17, 2024

    Rival Says In-Flight Internet Provider Gogo Foils Competitors

    SmartSky Networks LLC is seeking more than $1 billion in damages in a new lawsuit accusing Gogo Business Aviation LLC of blocking its entry in the market for internet service on business flights, building on an intellectual property dispute between the companies.

  • December 17, 2024

    Racing Teams Flag NASCAR's Dismissal Bid As 'Fantasy'

    Two racing teams told a North Carolina federal court that NASCAR's bid to dismiss their antitrust lawsuit is a "fantasy" riddled with mischaracterizations that paint their clash as a simple contractual dispute instead of what it truly is — consequences of a monopoly.

  • December 17, 2024

    NC Legal Advice Law Challenge Meets Early Demise

    A lawsuit by two paralegals and a nonprofit challenging North Carolina's ban on the unauthorized practice of law restricting who can offer legal advice has been cut short after a federal judge found the statute falls within a substantial state interest to protect its citizens.

  • December 16, 2024

    Circuit-By-Circuit Guide To 2024's Most Memorable Moments

    One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.

  • December 16, 2024

    Congress Sends Biden Another Bill To Help Federal Courts

    The House voted 390-0 Monday evening in favor of a bipartisan bill to make permanent 10 judgeships across the country, including in Texas, Florida and California, and the bill now goes to the president's desk.

  • December 16, 2024

    No 1st Amendment Right For Prison Interviews, 4th Circ. Says

    A South Carolina prison's policy of prohibiting interviews with inmates does not violate the First Amendment's free speech protections, the Fourth Circuit has said in a published decision.

  • December 16, 2024

    The Biggest Patent Decisions Of 2024

    This year's notable patent decisions from the Federal Circuit provided clearer guidelines on double patenting and opened the door for new ways to invalidate design patents. Here's a look at the cases from 2024 that will shape patent litigation going forward.

  • December 16, 2024

    Honeywell May Split Aerospace Biz Amid Activist Pressure

    Honeywell International Inc. on Monday said it is mulling a separation of its aerospace business, after activist investment firm Elliott Investment Management LP in November pushed for the industrial conglomerate to separate itself into two independent companies.

  • December 16, 2024

    4th Circ. Judge Reverses Senior Status Decision

    U.S. Circuit Judge James Wynn of the Fourth Circuit has rescinded his decision to take senior status, coming shortly after President Joe Biden's nominee to replace him withdrew his nomination after it was clear he would not get a vote.

  • December 16, 2024

    Court Culture Seen As Barrier To Workplace Misconduct Fixes

    The federal judiciary's internal system for resolving workplace misconduct allegations has gone through a six-year overhaul that officials tout as evidence of sustained progress, but some experts say the tight bonds that unite court personnel may still be an impediment to meaningful change.

  • December 16, 2024

    Justices Pass On TCPA Case Over Fax Promoting Webinar

    The nation's top court on Monday declined to take up a healthcare technology company's appeal seeking to stave off a proposed class action accusing it of violating the Telephone Consumer Protection Act by sending faxes about a free webinar.

  • December 13, 2024

    Real Estate Recap: New Mapping, Terrorism, What We Learned

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.

  • December 13, 2024

    Ex-Harlem Globetrotter Gets 7 Years For COVID Funds Scheme

    A former player for the Harlem Globetrotters was sentenced to seven years in prison and ordered to pay $3 million in restitution by a North Carolina federal judge for his role in a fraudulent Paycheck Protection Act scam during the COVID-19 pandemic.

  • December 13, 2024

    Duke Energy Accused Of Negligence Ahead Of Data Breach

    Duke Energy Carolinas LLC failed to protect sensitive personal information ahead of a data breach in May, and now its current and former customers are at risk of identity theft and tax fraud, according to a proposed federal class action.

  • December 13, 2024

    NC Justices Grant Philip Morris Win On Tax Credit Cap

    North Carolina's $6 million cap on cigarette export tax credits limits only the credits that can be claimed in a year, not the amount of credit that can be generated, the North Carolina Supreme Court ruled Friday, handing a victory to tobacco giant Philip Morris.

  • December 13, 2024

    NC Justices Topple Insurer Victory In COVID Coverage Battle

    The North Carolina Supreme Court handed policyholders a rare win Friday in their bid to get property insurance coverage for their pandemic-related business interruption losses, unanimously finding that the insuring phrase "direct physical loss" included the loss of use of property due to COVID-19 public health orders.

  • December 13, 2024

    NC Gov., Lawmakers Take Parting Shots In Clash Over Power

    North Carolina Gov. Roy Cooper has doubled down in the state Court of Appeals on claims Republican state lawmakers are trying to whittle away his appointment powers, while legislators argue the governor has no case law on which to base his constitutional claims.

  • December 13, 2024

    NC Justices Establish Standard For Ousting Elected Clerks

    North Carolina's top court Friday found a replacement judge had the power to remove an elected county clerk from office and, in doing so, determined a clerk's actions need not rise to the level of willful misconduct to justify her expulsion.

  • December 12, 2024

    Wells Fargo Faces ADA Suit Over Post-COVID Office Mandate

    Wells Fargo Bank NA faces a suit brought by a 20-year employee alleging she faced discrimination for working remotely due to health issues as the company sought to bring its workers back to in-person work on the heels of the coronavirus pandemic.

Expert Analysis

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Open Questions In Unsettled Geofence Warrant Landscape

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    The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

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