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Tag Archives: Judge J. Harvie Wilkinson III

Injunction properly issued against Dutch company

Where a Dutch entity based in the Netherlands argued the North Carolina district court impermissibly applied United States and North Carolina law extraterritorially when it preliminarily enjoined certain conduct, but the injunction addressed conduct affecting American customers, the argument failed. ...

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Insurer waived argument that Connecticut law applied

Where an insurer sued for allegedly reporting false medical information about a man, causing him to become uninsurable, litigated the entire case under the substantive law of North Carolina, it waived any argument that Connecticut law applied to the dispute. ...

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Deaf man’s suit over hospital’s lack of interpreter reinstated

Man communicating in sign language

A deaf man who sued a hospital after it failed to provide him with an interpreter during his wife’s childbirth had his disability discrimination lawsuit reinstated by the 4th U.S. Circuit Court of Appeals. The Fourth Circuit reversed the decision ...

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Securities claims can’t be based on puffery, boasting

Where a company offered no quantitative metrics, qualitative comparisons or other specifics to bolster its claims of “competency” and “flexibility,” those boasts reflected the natural role that puffery can play in contract formation and did not support a claim for ...

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