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North Carolina
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December 18, 2024
ITC Judge Hands Win To Ericsson In 5G Patent Fight
An administrative judge at the U.S. International Trade Commission has decided that mobile phones sold by Motorola infringe patents owned by Swedish telecom giant Ericsson.
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December 18, 2024
Michael Jordan's NASCAR Team Clinches Win In Antitrust Suit
NASCAR can't enforce an antitrust release in its racing contracts for the 2025 season, a North Carolina federal judge ruled Wednesday, finding two teams suing the organization have shown they are likely to succeed on at least part of their claim accusing it of monopolizing the sport.
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December 18, 2024
Family Dollar Sues Supplier Over Cable That Burned Buyer
Family Dollar Services LLC is suing one of its suppliers, alleging that it sold the retail chain a faulty lightning charger cord that malfunctioned and burned a minor who was using it.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
NC Lt. Gov. Wants Defamation Suit Kicked Back To State Court
North Carolina Lt. Gov. Mark Robinson has urged a federal judge to return his defamation suit against CNN to state court, arguing that his claims against the network are tied to those against a former porn store clerk such that the lower trial court is better suited to hear the case.
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December 18, 2024
Cherokee Chief Urges Senate To Block Federal Recognition Bill
The Eastern Band of Cherokee Indians' principal chief is urging the U.S. Senate to reject legislation that would give federal recognition to a fellow North Carolina tribe, arguing that allowing the bill's passage would undermine the process to ensure that the decision is based on evidence and not politics.
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December 18, 2024
RJ Reynolds Asks Justices To Toss Forum Shopping Argument
R.J. Reynolds Vapor Co. is urging the U.S. Supreme Court to reject the U.S. Food and Drug Administration's argument that the vape company engaged in forum shopping when it challenged denial of one of its applications in the Fifth Circuit, saying its Texas- and Mississippi-based co-petitioners make the Fifth Circuit the proper venue.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Roundup
North Carolina Banking Brief
In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in North Carolina banking regulation, litigation and policymaking.
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Series
NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.