Rejecting the "punctiliously stated 'theory of pleading'" applied by the district court and the Fifth Circuit, the U.S. Supreme Court in Johnson v. City of Shelby, Mississippi, ___ S.Ct. ___, 2014 WL 5798626 (2014), held that...more
Just over a week into the new session of the North Carolina General Assembly, legislation aimed at the abusive assertion of patent infringement claims by “patent trolls” may be gaining traction, with a bill apparently headed...more
In Stevenson v. City of Seat Pleasant, Maryland, No. 12-2047 (4th Cir. Feb. 21, 2014), the Fourth Circuit spent some time cleaning up a rather messy case involving the alleged use of excessive force by members of a police...more
On April 29, 2014, the U.S. Supreme Court handed down two decisions that make it easier for prevailing parties to recover their attorneys’ fees in patent infringement cases. In Octane Fitness, LLC v. Icon Health & Fitness,...more
In an unpublished opinion, the Fourth Circuit considered the defendants’ appeal from the denial of their motion for summary judgment based on qualified immunity. Cooper v. Lippa No. 13-2055 (4th Cir. April 4, 2014). The Court...more
In Sisk v. Abbott Laboratories, — F.R.D. –, No. 1:11-cv-159 (W.D.N.C. Feb. 10, 2014) (J., Reidinger), after prevailing in part on its motion for summary judgment, the defendant asked the court for the Western District to...more
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
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
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
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
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.
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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
On January 7, 2014, the Fourth Circuit applied the “nerve center” test for determining a corporation’s principal place of business for diversity jurisdiction. The Supreme Court recently adopted the nerve center test in Hertz...more