North Carolina

  • August 06, 2025

    4th Circ. Says Habeas Request Prevented By Procedure

    The Fourth Circuit denied habeas relief to a Virginia attempted bank robber who has since been released from prison, affirming Wednesday that his argument that he was sentenced under an unconstitutionally vague guideline did not meet procedural requirements for postconviction relief and could not be considered.

  • August 06, 2025

    4th Circ. Revives Chance Of Class Cert. For Overdraft Suit

    The Fourth Circuit has reversed a denial of class certification in a lawsuit against Michigan-based Independent Bank, finding that a South Carolina federal judge had improperly ruled that bank customer Jamila Grice couldn't represent a nationwide class and remanding the case for further proceedings.

  • August 06, 2025

    State AGs Want Final OK For $39M Apotex Price-Fixing Deal

    Nearly every state attorney general in the country has asked a Connecticut federal judge to give final approval to a $39.1 million deal to settle claims that drugmaker Apotex Corp. schemed with others to fix prices and allocate markets for generic drugs, noting that the Florida-based company has already made the payment.

  • August 06, 2025

    Ceramics Co. Seeks Biz Interruption Coverage Over Hurricane

    A ceramics and home goods retailer accused a Travelers unit of violating North Carolina's unfair claims settlement practices and deceptive trade practices laws, telling a federal court the insurer deliberately misrepresented statements from its chief financial officer to support its denial of the retailer's Hurricane Helene claim.

  • August 06, 2025

    Family Says Court Must Face Bias Suit Over Witness Killing

    The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.

  • August 06, 2025

    Vivint Asks 4th Circ. To Rethink Affirming $190M TM Verdict

    Vivint Smart Home Inc. is looking for a do-over after the Fourth Circuit affirmed a nearly $190 million verdict in a suit accusing it of deceiving customers of a rival security company, saying the ruling flouts North Carolina's cap on punitive damages and ignores state appellate precedence.

  • August 06, 2025

    NC Consulting Co. Says Veterans Are Overreaching In Fee Fight

    A consulting business in North Carolina has told a federal court that a proposed class of veterans who are accusing it of charging illegal fees to help with initial disability claims cannot show the company acted without proper accreditation, and that their claims alleging it violated a state consumer protection law is doomed.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • August 01, 2025

    Real Estate Recap: Succession Planning, 'Build, Baby, Build'

    Catch up on this past week's key developments by state from Law360 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.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • 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.

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