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A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.
Law360
North Carolina
WEDNESDAY, JULY 9, 2025

TOP NEWS

Medical Co. Wants High Court To Review Rushed Patent Case

By Elliot Weld

A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.

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Copter Pilot's Death Suit Revived By 4th Circ. After Rehearing

By Jonathan Capriel

The Fourth Circuit has once again reinstated a lawsuit by the widow of a crop-dusting pilot whose helicopter became tangled in a steel cable stretched over the property, causing him to crash, ruling that a jury must be the one to decide whether the landlord should have known that the wire posed a danger, according to a published opinion issued Tuesday following a rehearing.

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NC Atty Says Mistrial Order Puts Career At Risk In Appeal Bid

By Abigail Harrison

A property restoration company and its trial attorney told the North Carolina Court of Appeals that the attorney did not engage in "serious misconduct," and urged it to toss components of a lower court's mistrial order.

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4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling

By Jared Foretek

The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.

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States Back Enviro Orgs. Bid To Block EPA's Halt Of $3B Grant

By Juan-Carlos Rodriguez

A group of Democratic attorneys general on Monday told a D.C. federal district court that the U.S. Environmental Protection Agency's decision to terminate environmental justice grants deprives vulnerable communities of funding "necessary to achieve a healthy environment."

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LITIGATION

Clarity Sought On Tycoon's Trade Secrets In Hacking Suit

By Hayley Fowler

A federal judge has said he needs a clearer picture on whether aviation tycoon Farhad Azima owns the trade secrets he has accused a North Carolina private investigator of leaking as part of an international hacking conspiracy, ordering both sides to beef up their briefing on the issue.

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Poultry Farm Urges NC Justices To Reject Animal Cruelty Case

By Hayley Fowler

A North Carolina poultry farm lambasted a chicken welfare group as allegedly seeking a "third bite at the proverbial apple" by petitioning the state's highest court to revive its animal cruelty case, saying the state's animal protection statute doesn't apply to commercial farmers.

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Fishing Industry Alleges Feds Allow Red Snapper Overfishing

By Jared Foretek

A group of commercial fishers and buyers is claiming in a new lawsuit that the National Marine Fisheries Service has failed to set proper catch limits and allowed the overfishing of red snapper due to massive "dead discards." 

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Merits Not At Issue For Health Co. Wage Collective, Court Told

By Emmy Freedman

A healthcare facility operator is focusing too much on the merits of unpaid wages claims rather than whether it had common policies that detracted from employees' pay, a respiratory therapist told a North Carolina federal court, saying collective status is appropriate.

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FOURTH CIRCUIT

4th Circ. Revives Medical Device Co.'s Claim In Contract Suit

By Adam Lidgett

The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.

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POLICY & REGULATION

Feature

Breaking Down Stewart's Nonstop Discretionary Denial Orders

By Dani Kass

Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.

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ENFORCEMENT

Pot Smell May Be Hemp So No Probable Cause, 4th Circ. Told

By Craig Clough

A North Carolina man urged the Fourth Circuit on Monday to revive his challenge of a police officer's search of his car based on the smell of marijuana, saying the government is wrongly asserting the search was legal because there are legal forms of hemp with an indistinguishable odor. 

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REAL ESTATE & DEVELOPMENT

Wells Fargo Seeks Dismissal Of COVID-19 Mortgage Suit

By Sydney Price

Wells Fargo said a North Carolina woman's claims that the bank forced the short sale of her home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic should be dismissed for several reasons, including that the short sale never actually occurred.

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EXPERT ANALYSIS

Birthright Opinions Reveal Views On Rule 23(b)(2) Relief

The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.

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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

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LEGAL INDUSTRY

Law Firm Sues Over 'Spartan Law' Trademark Dispute

By Kelcey Caulder

A Georgia law firm has filed suit against a California attorney who purports to own the trademark for "Spartan Law" in association with legal services, alleging that he threatened to sue the firm for trademark infringement despite it not being liable for any.

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Top Dems Press EEOC On Law Firms 'Shakedown'

By Courtney Bublé

Top congressional Democrats are once again seeking information on the Trump administration's "shakedown" of major law firms over their past work and clients.

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Diversity Lab Hires Ex-Bank VP, BigLaw Atty As New CEO

By Tracey Read

Diversity Lab announced it has hired a former BigLaw lawyer, two-time public-company general counsel and longtime business executive as its new chief executive officer.

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Q&A

Former SEC Officials Discuss Agency's New Priorities

By Phillip Bantz

Though swift regulatory and enforcement changes at the U.S. Securities and Exchange Commission have created a more business-friendly environment, three agency veterans now at Gibson Dunn & Crutcher LLP caution to watch out for compliance landmines.

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Calif. Atty Drops Out Of Class Action Against Avvo Inc.

By Matt Perez

One of two attorneys leveling a class action against online legal service provider Avvo Inc. over allegations it misappropriated the identities of more than 1 million attorneys to promote its legal marketing tools and referral services has moved to drop her claims.

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DA Willis Urges Ga. Justices To Ax Trump Case Testimony Bid

By Emily Johnson

Fulton County District Attorney Fani Willis urged the Georgia Supreme Court on Tuesday to toss a subpoena seeking her testimony from the state Senate committee that was investigating her relationship with a special prosecutor during her prosecution of President Donald Trump in an election interference case, arguing the panel is "seeking to 'try' the district attorney in public."

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1st Woman On Montana's US Court To Take Senior Status

By Courtney Bublé

U.S. District Judge Susan P. Watters of the District of Montana, who was the first woman appointed to that court, has announced that she will take semiretired status next year.

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Holland & Knight Insurer's COVID Benefits Denial Upheld

By Kellie Mejdrich

A Colorado federal judge on Wednesday handed an insurance company a win in a Holland & Knight LLP attorney's federal benefits lawsuit alleging she was wrongly denied long-term disability benefits after a COVID-19 infection left her unable to work, concluding substantial evidence supported the insurer's decision.

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Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab

By Julie Manganis

The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.

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LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Baker Botts

Bekiares Eliezer

Berger Montague

Blank Rome

Briglia Hundley

Brown Neri

Bryan Cave

Cohen Milstein

Comerford Chilson

Crowell & Moring

Davis Hartman

Davis Wright Tremaine

Dechert LLP

Donald E. Clark Jr. Attorney at Law

Faegre Drinker

Gallivan White

Gibson Dunn

Godfrey & Kahn

Greenberg Traurig

Hagens Berman

Hamilton Stephens Steele & Martin

Handley Farah

Harris Creech

Hedin LLP

Holland & Knight

Huff Powell

Jenner & Block

Kirkland & Ellis

Klafter Lesser

Kopelowitz Ostrow

Latham & Watkins

Lewis Roca

Lockridge Grindal

McGuireWoods

Milbank LLP

Milberg Coleman

Miller & Chevalier

Nelson Mullins

O'Melveny & Myers

Paul Hastings

Perkins Coie

Pillsbury Winthrop

Quinn Emanuel

Robbins Alloy

Roberts & Stevens

Shub & Johns

Simon Paschal

Simpson Thacher & Bartlett LLP

Skadden Arps

Stewart Schmidlin

Thompson Hine

Wall Templeton

Wiley Rein

WilmerHale

Womble Bond

Young Moore

COMPANIES IN TODAY'S NEWS

ACT Corp

ARM Holdings PLC

AT&T Inc.

AXA SA

Advanced Micro Devices Inc.

Alliance for Automotive Innovation

Amazon.com Inc.

American Bar Association

American Civil Liberties Union

Amicus

Apple Inc.

Applied Optoelectronics Inc.

ArcelorMittal

Arista Networks Inc.

Avvo Inc.

Bollinger Shipyards Inc.

CACI International Inc.

CPA Global

Case Farms LLC

Celltrion Inc.

Cisco Systems Inc.

City Attorney of San Francisco

Comcast Corp.

Computer & Communications Industry Association

Desktop Metal Inc.

EE Ltd.

Earthjustice

Entropic Communications, Inc.

Feit Electric

GD Energy Products LLC

GE Lighting

General Dynamics Corp.

Globus Medical Inc.

Google LLC

HCA Healthcare Inc.

Huntington Ingalls Industries Inc.

Imperative Care

Intel Corp.

Intellectual Ventures Management LLC

Johns Hopkins University

LifeNet Health Inc.

MediaTek Inc.

Merck & Co. Inc.

Microsoft Corp.

Motorola Mobility LLC

Motorola Solutions Inc.

NBT Bancorp Inc.

Natera Inc.

NeoGenomics Laboratories Inc.

Nokia Corp.

Nutanix Inc.

Nutrien Ltd.

Pacific Western Bank

Pegasus

SAP AG

Samsung Electronics Co. Ltd.

Serco Group PLC

Southern Environmental Law Center

State Bar of Georgia

Stratasys Inc.

Telefonaktiebolaget LM Ericsson

Tesla Inc.

The Whitlock Co.

Twitch Interactive Inc.

University of Iowa

Unum Group

Verizon Communications Inc.

Walmart Inc.

Welch Allyn Inc.

Wells Fargo & Co.

Zimmer Biomet Holdings Inc.

iRhythm Technologies Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Indian Affairs

Confederated Salish & Kootenai Tribes

Delaware Court of Chancery

Equal Employment Opportunity Commission

Georgia General Assembly

Georgia Supreme Court

International Trade Commission

National Marine Fisheries Service

New York Attorney General's Office

Patent Trial and Appeal Board

Superior Court of Massachusetts

U.S. Attorney's Office for the Western District of North Carolina

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Agriculture

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Navy

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of Montana

United States District Court for the Northern District of Ohio