LexisNexis® Legal Newsroom
Chrysler Settles Dealer Lawsuit Against North Carolina

DETROIT – (AP) Chrysler Group LLC says it has settled a lawsuit against one state but is suing three others because of laws that give dealers the right to block the automaker's plan to thin its dealership ranks. The automaker said in a statement Monday that North Carolina. . . . Full version...

High Court Adopts Recommendations On Interstate Waste Agreement

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 1 adopted recommendations by a court-appointed special master in litigation brought by four states and an interstate commission challenging North Carolina's alleged breach of a radioactive waste management agreement ( State of Alabama...

SAF Sues To Overturn North Carolina's 'Emergency Powers' Gun Bans

BELLEVUE, Wash. - The Second Amendment Foundation on June 28 filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right...

N.C. Judge Bars Ads Claiming Harm From Water Bottles

RALEIGH, N.C. - (AP) A North Carolina company that touted its stainless steel water bottles on television and the Internet as a safer alternative to plastic water bottles has been ordered to stop making those claims. The International Bottled Water Association sued Eco Canteen Inc. of Charlotte in federal...

School Told To Admit Nose-Pierce N.C. Girl Who Sued

RALEIGH, N.C. - (AP) A federal judge ordered a North Carolina school to admit a 14-year-old high school student suspended for wearing a nose piercing she says is part of her religion, and the teenager headed to science class Friday afternoon. U.S. District Judge Malcolm Howard on Friday ordered. . ....

$12.8M Verdict For Jaw Injury In Aredia/Zometa Case To Be Reduced To $1.14M

WINSTON-SALEM, N.C. - (Mealey's) A North Carolina federal jury on Nov. 22 awarded $12,887,001 in an Aredia/Zometa jaw injury case, a verdict that will be reduced to $1,148,001 by North Carolina's limit on punitive damages ( Herbert Fussman, et al. v. Novartis Pharmaceuticals Corporation , No...

Judge Allows Duke Lacrosse Lawsuit To Go Forward

RALEIGH, N.C. - (AP) Three former Duke lacrosse players falsely accused of rape five years ago can pursue a lawsuit against the ex-county prosecutor and police investigators who handled their case, a federal judge in North Carolina ruled Thursday. U.S. District Judge James Beaty said in his decision...

TVA Paring Coal Operations, Paying $10M To Settle Lawsuits

CHATTANOOGA, Tenn. - (AP) The Tennessee Valley Authority over the next five years will shutter operations that account for about 16 percent if its coal-fired capacity to settle lawsuits from several states over air quality, its board said Thursday. TVA chief executive Tom Kilgore said the nation's...

Mack Sperling: The 4th Circuit On Recusals And Pro Hac Vice Admissions

We all sometimes say things that we are sorry to have said. Even judges. Those types of statements by a District Court Judge in South Carolina, which the Fourth Circuit called "neither wise nor temperate" were the subject of a recusal motion ruled on last week by the Fourth Circuit, in Belue...

High Court: North Carolina Has No Jurisdiction For Fatal French Bus Crash Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court ruled June 27 that a North Carolina court is not the proper venue for a product liability case involving a tire manufactured in Turkey that allegedly caused a fatal bus accident in France that killed a pair of American teens ( Goodyear Dunlap Tires...

Ex-UNC Player Files Lawsuit Against School, NCAA

RALEIGH, N.C. - (AP) A former North Carolina football player has filed a lawsuit against the school and the NCAA, seeking reinstatement after being declared permanently ineligible for academic misconduct. Defensive end Michael McAdoo is also seeking unspecified damages from the school and the NCAA, which...

Judge Temporarily Halts North Carolina Planned Parenthood Cut

RALEIGH, N.C. - (AP) North Carolina cannot withhold funding from Planned Parenthood until a lawsuit over that provision of the state budget has been resolved, a federal judge ruled late Friday. The ruling by Judge James Beaty Jr. gives at least a temporary reprieve to Planned Parenthood of Central North...

Williams Mullen Alert: North Carolina Medical Malpractice Reforms Favor Long-Term Care Industry

By Elizabeth D. Scott & Jonathan R. Bumgarner On July 25, 2011, the North Carolina House voted to override Governor Perdue's veto and approve a broad overhaul of North Carolina's medical malpractice laws. Ratified Senate Bill 33 expands the definition of "medical malpractice actions"...

Broadly Worded Defense In Company Sale Case Results In Waiver Of Attorney-Client, Work Product Privileges

A broadly worded defense in a case challenging the sale of a company resulted in a waiver of the attorney-client and work product privileges last week, in Richardson v. Frontier Spinning Mills, Inc. Richardson claimed that the company had improperly structured its sale so that non-employee shareholders...

North Carolina Business Court Socks Overly Persistent Plaintiff With Attorneys' Fees

Persistence can be a valuable quality, but when it leads to an unjustified refusal to give up a questionable case, the party suffering from persistency can get socked with attorneys' fees. That was the result in Judge Gale's Order on [June 12] in McKinnon v. CV Industries, Inc. , No. 09 CVS 830...

In Landmark E-Discovery Decision For North Carolina, Judge Rules Attorney-Client Privilege Waived

In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe v. Bell , 2012 NCBC 42 [ enhanced version available...

Williams Mullen - Libor Litigation: The Next Big Wave In Financial Crisis Lawsuits?

By Camden R. Webb and Robert D. Perrow In June, Barclays Bank agreed to pay $453 million to settle charges that its conduct resulted in manipulation of the Libor interest rate. Although lawsuits involving potential Libor manipulation had been pending for nearly two years prior to the settlement, "Libor...

North Carolina State Bar Proposes New Formal Ethics Opinion

The intersection of technology and the rules of ethics continues to develop. The NC State Bar has proposed a new FEO ( 2012 Formal Ethics Opinion 5 ), which deals with the interesting question of the attorney-client privilege of an employee's emails to her personal lawyer that are on her employer's...

North Carolina Business Court Finds Defendant Waived Right To Compel Arbitration After Class Action Certified

You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding. Last week, the Business Court ruled in another opinion in the case ( 2012 NCBC 55 ) that KB Home...

Garlock Sues Law Firms, Alleging Fraud Over Asbestos Claims

CHARLOTTE, N.C. — (Mealey’s) Chapter 11 debtor Garlock Sealing Technologies LLC filed four adversary complaints Jan. 9 in a North Carolina federal bankruptcy court against several law firms and attorneys, alleging conspiracy, fraud and violations of the Racketeer Influenced and Corrupt Organizations...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

Ford, Accident Victim Reach Settlement After North Carolina Jury Deadlocks (Watch The Closing Argument Videos)

NASHVILLE, N.C. — (Mealey’s) Ford Motor Co. reached a confidential settlement March 30 after a North Carolina state court jury failed to reach a verdict in a suit alleging that the automaker’s failure to include a three-point seat belt for center rear passengers in its 1999 model year...

North Carolina Appellate Court Affirms Teenager’s Cyberbullying Conviction

The Court of Appeals of North Carolina was petitioned to determine whether a high school student had been properly convicted of cyber-bullying a classmate in violation of N.C. Gen. Stat. § 14-458.1 . The court upheld the conviction, finding that the defendant failed to show that the cyber-bullying...

License Check In North Carolina Violates 4th Amendment Due To Lack Of Suspected Criminal Activity

According to the North Carolina Court of Appeals in State v. Leak, 2015 N.C. App. LEXIS 445 (N.C. Ct. App. June 2, 2015) , an officer violated a defendant’s Fourth Amendment rights when a driver’s license check was conducted without reasonable suspicion. The decision suggested that evidence...