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North Carolina Court of Appeals Upholds Arbitration Clauses in Consumer Agreements

The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court...more

4/4/2014 - Arbitration Agreements Class Action Class Action Arbitration Waivers Payday Loans

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially...more

2/27/2014 - Air Wisconsin v. Hoeper Airlines ATSA SCOTUS Transportation Security Administration

Is North Carolina a Daubert State? Drum Roll Please...

Yes! North Carolina is now officially a Daubert state, according to a recent decision of the North Carolina Court of Appeals. In State v. McGrady, COA13-330, 2014 WL 211962 (N.C. Ct. App. Jan. 21, 2014), the Court of Appeals...more

2/19/2014 - Daubert Standards Evidence Expert Testimony

Members of Nonprofit Corporations Can Bring Derivative Actions – But They May Have to Pay a Price

A recent decision by the North Carolina Court of Appeals serves as a reminder to North Carolina nonprofit corporations that their members can bring derivative actions on behalf of the nonprofit. But, if such actions are...more

1/29/2014 - Attorney's Fees Derivative Suit Non-Profits

Supreme Court Limits Reach of General Jurisdiction for Corporations

The Supreme Court’s decision in Daimler AG v. Bauman (Jan. 14, 2014), dealing with the topic of “general jurisdiction,” significantly limits a plaintiff’s options as to where to bring a lawsuit. ...more

1/24/2014 - DaimlerChrysler DaimlerChrysler v Bauman Jurisdiction Minimum Contacts SCOTUS

Fourth Circuit Clarifies the Role of the District Court in a Trademark Civil Action Following a Proceeding Before the Trademark...

On January 7, 2014, the Fourth Circuit Court of Appeals clarified that a district court must take a fresh look at all of the evidence – including evidence previously submitted to the Trademark Trial and Appeal Board (TTAB) –...more

1/13/2014 - Trademark Litigation Trademark Trial and Appeal Board Trademarks

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