189 results for 'court:"USDC Eastern District of North Carolina"'.
J. Dever partially grants a bitcoin investment firm's motion to dismiss counterclaims of conversion, breach of contract and bad faith brought by a partner of the firm. The partner alleges the firm opened an account with a cryptocurrency trading platform where he could store personal investments worth over $220,000, then the firm blocked his access. The firm claims the platform blocked the partner, but the partner presents sufficient evidence that the firm is responsible for having changed his password without his consent. The conversion claim survives, but all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 5, 2024, Case #: 5:22cv 503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Conversion
J. Dever partially denies the North Carolina Department of Corrections’ motion to dismiss ADA violation allegations brought by a former employee. The employee previously sued the state’s department of public safety, her technical employer and also party to this suit, after it allegedly wrongfully terminated her. Three years later, a judge ruled the department must reinstate the employee, provide her with reasonable accommodation and back pay or benefits. The department rehired her but did not provide anything else, then fired her again two months later. The employee has provided sufficient evidence of ADA discrimination to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 4, 2024, Case #: 5:23cv673, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Dever partially grants the North Carolina Green Party’s motion for attorney’s fees and costs in ongoing litigation against the state’s board of elections after it initially failed to qualify the party and allow candidates to run in the 2022 election. The North Carolina Democratic Party and affiliates became intervenors for the board. The party correctly accuses them of frivolously hampering its efforts to get the required number of signatures for its candidates to run and is awarded partial fees and costs based on this action alone.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 2, 2024, Case #: 5:22cv276, NOS: Voting - Civil Rights, Categories: Elections, Government, Attorney Fees
J. Boyle partially denies a real estate broker’s partial motion to dismiss allegations of state vacation rental law violations brought by the administrator of the estate of a minor who drowned after he snuck into a swimming pool unsupervised. The broker argues that because it’s not a landlord, it isn’t beholden to any building or housing codes. However, the administrator correctly argues that under vacation rental law, the broker negligently maintained the property, exposing the minor to a drowning hazard.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 1, 2024, Case #: 4:23cv101, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Negligence, Wrongful Death
J. Boyle grants 21 organizations’ motions to dismiss allegations of gender, age, national origin and disability discrimination brought by an accountant who was not hired by any of them. In this pro se action, the accountant fails to state anything more specific than the facts that he applied to the positions and was not accepted to them. This is not sufficient to state a discrimination claim in any instance.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 29, 2024, Case #: 5:23cv38, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
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J. Flanagan grants several emergency medical providers’ motion to remand this action to a county court after they sued Blue Cross Blue Shield (BCBS) for failure to cover costs. The providers billed for an average of $2,656 per patient visit, but BCBS only paid out an average of $39, which is a little over 1% of the cost. Because the providers sue for unjust enrichment and violations of state deceptive trade laws, no federal question arises and the case will be remanded.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 29, 2024, Case #: 7:23cv1601, NOS: Arbitration - Other Suits, Categories: Arbitration, Insurance, Trade
J. Myers partially grants an automated laboratory systems manufacturer’s motion to dismiss allegations of breach of implied warranty and other claims brought by a genetic testing laboratory. Specifically, the laboratory purchased a product called the DreamPrep unit and claims that the unit was defective. Because the manufacturer had a disclaimer written into its warranty, the laboratory’s argument fails under state law. However, the remaining claims, including negligent misrepresentation and negligent manufacturing defect, survive.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 28, 2024, Case #: 5:23cv305, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty
J. Dever grants a female student’s motion to transfer litigation from North Carolina to Louisiana in a suit she brought against a male student for sexual assault. Both students attended Tulane University in Louisiana at the time of the alleged assault, although the male student now resides in North Carolina. After the female student initiated litigation against the male student, he counter-sued for defamation and also sued Tulane for breach of contract as he was dismissed from the university one month before graduation. Weighing all factors in the case, the litigation involving the female student will be transferred to Louisiana where the suit against Tulane is already taking place.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:22cv500, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, Defamation, Assault
J. Dever grants in part a municipality and a litany of its employees’ motions to dismiss allegations of sex discrimination and ADA violations brought by a former police detective who also served on a county board of education. Most claims are dismissed for failure to state a claim, but a few survive. During his time on the board, the detective accused a male school employee of sexual harassment of two female employees, while he was allegedly involved in a sexual affair with someone else. The detective claims sex discrimination by his supervisor because he was calling out sexual harassment against two women. But his own conduct and his claims that the police department was disorganized and out of control are what led to his termination. Also, the detective has not plausibly argued that his anxiety and depression are disabilities that compromised his ability to work.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:23cv349, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Flanagan partially denies a police officer and municipality their motion to dismiss allegations of Fourth Amendment violations brought by a resident whom the officer grabbed in an attempt to pull her out of her home. The officer, standing just outside the threshold of the resident’s front door, repeatedly ordered her to step outside, twice grabbing her arm in an attempt to pull her outside although he had no warrant. His argument of suspicion is also insufficient, and, thus, he cannot use official immunity as a defense and neither can the city as his employer.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv207, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Flanagan grants in part a municipality’s motion for summary judgment following allegations of constitutional rights violations brought by a former owner of a group home for at-risk youth. The owner had previously been charged with a felony sex offense against a minor, but the charges were voluntarily dismissed and his record expunged. However, a warrant for his arrest remained in one county’s system, and when he applied for a concealed handgun permit 15 years later, he was falsely arrested. The owner argues that the county should have implemented a policy to prevent this, but just because he disagrees with the policy does not throw the policy into question.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:21cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Flanagan denies a couple’s motion for certification of direct appeal to the U.S. Court of Appeals on a bankruptcy case. The couple also petitioned the bankruptcy court after previously filing for Chapter 13 bankruptcy to incur debt and finance the purchase of a house so that they could live close to their child’s private school. The bankruptcy court denied this petition as the couple is not allowed to incur more than $10,000 while in bankruptcy. Also, the couple has not shown sufficient evidence that they are qualified for certification for a direct appeal to the court of appeals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv373, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Real Estate
J. Boyle grants a renal healthcare system’s motion to dismiss allegations of race discrimination and retaliation brought by a healthcare worker. The worker claims other staff harassed her, including making racist remarks, and that her supervisor followed her around the facility and even outside after her shifts ended, making unnecessary criticisms. This increased after she filed an EEOC complaint and she was then fired. However, the worker’s claim is time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 26, 2024, Case #: 5:23cv84, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Myers partially grants the Board of Governors of the University of North Carolina’s motion to dismiss claims of violations of First Amendment rights brought by the chief of staff to the university chancellor. The chief claimed a mandatory Covid-19 vaccine policy would violate already existing university policy. He claims he brought suit as a private citizen. But because he brought all of his concerns in his position as a public employee, and only brought those concerns to people within the university system, he does not have protection under the First Amendment.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 26, 2024, Case #: 5:23cv290, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Education, Covid-19, First Amendment
J. Flanagan grants the U.S. Postal Service’s motion for summary judgment following claims it violated the Rehabilitation Act brought by a distribution operations supervisor. The supervisor, being treated for PTSD, requested a change of role because the distribution machinery triggered his condition. The Postal Service allowed him to switch to departments, but when it was extremely short-staffed, called him back to the previous position. Since the Postal Service’s policy allowed it to call him back in times of dire need, and the fact it gave him accommodations to return, its decision was correct.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Flanagan denies a health insurance company’s motion to dismiss breach of contract claims brought by a class of its consumers after it denied them coverage of necessary medical treatment. Two men in the class both had diagnoses of prostate cancer and their providers proposed using an allegedly highly effective form of radiation treatment. The company denied their requested benefits through ERISA because its medical policies would not allow for this “investigational” treatment. However, the company’s third party investigation into the claims likely agreed with the company’s perspective even though it was contractually obligated to treat the men, giving them protection under the Unfair and Deceptive Trade Practices Act.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Health Care, Insurance, Class Action
J. Flanagan denies in part the State of North Carolina’s motion to dismiss claims of gender discrimination brought by a human resources manager after the state allegedly underpaid her by $10,000 a year compared with male counterparts. The manager worked for the state’s transportation department, also party to this suit, so the state argues her claim is redundant. However, the manager is technically employed by the state, and even though the department recommended a salary increase for her, the state denied it.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:23cv624, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
[Consolidated.] J. Flanagan grants a former student his motion to certify this case for appeal after the court dismissed North Carolina State University from the student’s suit accusing the school and a sports medicine doctor of sexual abuse. According to federal civil rights law, an allegation of sexual grooming behavior on its own does not establish notice to the university of sexual harassment. However, because in this case a jury could reasonably judge that the university should have taken responsibility for the doctor’s behavior, of which it was aware, this is enough to certify the case for appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Tort
J. Myers denies an airline traveler’s motion to set aside judgment after her federal tort claim was dismissed as her reason is not persuasive. Following her suit against some TSA officers for false imprisonment, which was dismissed, she appealed but the pleadings were deficient. She claims that as her mother was severely ill and the traveler herself was 18 years old at the time, she did not have the support she needed to further engage in litigation. However, this does not meet the criteria warranting setting aside judgment under federal rules of civil procedure.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 22, 2024, Case #: 5:21cv338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Government, Tort
J. Boyle grants the heirs to a man’s estate their motion to dismiss allegations of fraud brought by a claimant to the same estate. The claimant alleges that the other heirs lied to her and swindled her out of her rightful portion, making themselves millionaires. However, she does not present sufficient evidence of this and part of her claim goes back to 1992, so it’s time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 22, 2024, Case #: 5:23cv98, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Civil Rights, Fraud
J. Myers partially grants two cheer leading coaches their motion to dismiss allegations of child abuse and RICO violations brought by a male cheerleader. The cheerleader claims that within the first year of his participation in a private, competitive cheer leading program, beginning when he was 12 years old, a male coach not party to this suit initiated a sexual relationship with him and that the two named coaches were aware and did not intervene. However, because the cheerleader does not accuse the two coaches of violating federal child abuse laws, but only a failure to report the abuse to the program, his claim fails. Likewise, his RICO claim fails because it does not present an injury to a business or property.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 20, 2024, Case #: 5:22cv430, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Tort, Racketeering
J. Dever grants North Carolina State University’s motion to dismiss allegations of disability discrimination brought by a Ph.D. candidate who claims the university did not accommodate his ADHD, depression and anxiety diagnoses. He requested multiple leaves of absence during his program to attend mental health appointments, which the university afforded him. An advisor gave a research assistantship to a different student because the candidate was “a liability.” However, the candidate’s hostile work environment and failure to accommodate claims are not sufficient or time-barred under the ADA.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 19, 2024, Case #: 5:23cv331, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
J. Dever grants an adult film production company’s motion for leave to serve a third-party subpoena on an internet provider to access the identity of one of the provider’s subscribers. The company shows good cause to engage in early discovery, but given the nature of the content, the subscriber will be allowed to be heard before their identity is revealed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 18, 2024, Case #: 5:24cv111, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery, Technology
J. Flanagan grants a police officer’s motion to dismiss allegations including false arrest, battery and excessive force brought by a car owner who went to her car to get something she forgot. The owner, a Black woman, briefly left her house in a bathrobe when the officer allegedly approached her but did not identify herself, why she was approaching the owner, nor did she ask for information from the owner. The officer handcuffed the owner and only released her after scanning the car’s plates, which apparently revealed nothing. The officer has governmental immunity in her professional position, but the individual claims against her will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 14, 2024, Case #: 5:23cv201, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Boyle grants the FDIC’s motion to disqualify counsel for a financial group in its own party in a suit against two insurance companies for wrongfully denying coverage under financial bond policies. This suit originates from a fraud scheme committed against the financial group’s subsidiary, a bank. Since the FDIC has come to substitute the bank as a party, the bank’s counsel, which also represents its associated financial group, presents a conflict of interest for the FDIC. The FDIC may proceed with obtaining new counsel.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 28, 2024, Case #: 5:23cv95, NOS: Insurance - Contract, Categories: Fraud, Banking / Lending, Contract
J. Dever grants partial summary judgment to the daughter of a deceased military colonel who qualifies as the colonel’s legal representative under the Camp Lejeune Justice Act. The federal government fails to sufficiently claim that there is a genuine triable issue about whether the daughter qualifies as a legal representative, and, thereby, has the right to sue under the Act.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 27, 2024, Case #: 7:23cv897, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Government, Tort