The ruling has immediate and far-reaching consequences for businesses that import goods into the United States, those that have already paid billions of dollars in IEEPA-based tariffs, and those operating under recently...more
The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021. What Are Affidavit-of-Merit Requirements?...more
1/30/2026
/ Administrative Merits Determinations ,
Berk v Choy ,
Diversity Jurisdiction ,
Federal Court Litigation ,
Federal Rules of Civil Procedure ,
Federal v State Law Application ,
FRCP 8 ,
Healthcare ,
Jurisdiction ,
Medical Malpractice ,
Popular ,
Professional Negligence ,
SCOTUS ,
Statutory Interpretation ,
Twombly/Iqbal Pleading Standard
The Court decided two landmark opinions on asbestos channeling injunctions and Section 524(g) trusts (Kaiser Gypsum and Bestwall), while all other circuits combined issued only one decision involving a Section 524(g) trust....more
Last year was an eventful one for the Fourth Circuit’s class action docket. A long-gestating case involving data breaches of Marriott’s computer systems finally concluded. The Court continued to grapple with the Supreme...more
For North Carolina businesses, from small manufacturing companies in the Triad to growing tech firms in the Research Triangle, understanding trade secrets has never been more critical. Recent court decisions have shown just...more
In Trump v. CASA, the Supreme Court significantly narrowed federal courts’ power to issue “universal” or “nationwide” injunctions—broad orders that bar the government from enforcing a policy against anyone, not just the...more
6/30/2025
/ Administrative Procedure Act ,
Business Entities ,
Constitutional Challenges ,
Government Agencies ,
Injunctions ,
Judicial Authority ,
Regulatory Agencies ,
Regulatory Authority ,
SCOTUS ,
Trump v CASA ,
Vacatur
Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so finding a roadmap for...more
This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025....more