57 results for 'judge:"Cogburn"'.
J. Cogburn grants a group of legal, mortgage and bank businesses their motion to dismiss breach of contract claims brought by a homebuyer who alleges errors in the property buying process that forced her into bankruptcy. The homebuyer claims that the deed of trust was not filed, that the property she ended up buying was not what she agreed to buy and that the mortgage business set up an escrow account with the bank, which “reversed” her payment to a different account, thus inflating taxes collected. However, she fails to present sufficient evidence of her claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 6, 2023, Case #: 3:23cv179, NOS: Other Contract - Contract, Categories: Real Estate, Banking / Lending, Contract
J. Cogburn denies a pest management company’s motion to dismiss a pro se complaint by a customer that the company’s staff accidentally sprayed her with insecticide. The customer claims only that the chemicals, which she says were falsely advertised as water-based, got all over her body and face when the spray machine broke, and now she is diagnosed with cancer. She also alleges that the company refuses to provide her with an accident report. However, she has failed to make any federal claims in her complaint and did not properly serve on the company. Despite this, she is allowed 20 days to amend her complaint.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 3:22cv460, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Product Liability
J. Cogburn partially denies the City of Charlotte and several of its police officers their motion to dismiss multiple claims brought by a cell phone and jewelry merchant after officers allegedly assaulted and falsely arrested him. The merchant attempted to get an unknown person to stop blocking the entrance to the parking lot with their vehicle where the merchant’s store is located and got into an argument. Someone called the police, who pushed him against a display case inside of his store then threw him to the ground and pushed his face into the ground repeatedly before arresting him. Although the officers are protected from negligence claims by official public immunity at this stage, all of the merchant’s other claims, including false arrest, excessive force and false imprisonment, can proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 3:23cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Cogburn partially grants a county sheriff’s department and a group of deputies their motion to dismiss a barrage of civil rights claims brought by a couple after their neighbor reported one of them for shooting his gun and saying he was going to kill everyone in the neighborhood. The couple had gone to sleep after the reported incident, but the deputies woke them up and shot into their home 15 times, hitting the alleged gunman twice. However, the department itself is not a suable entity. The deputies are also protected by public official immunity because, while they may have acted negligently in the course of their duties, none of them acted with corruption or malice.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 1:23cv158, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, Police Misconduct
J. Cogburn partially grants a real estate and community developer and his company their petition to stay execution of a final judgment in an arbitration dispute with a mortgage firm. The developer routinely buys historically significant properties to renovate them into apartments and created a business not party to this suit to specifically work with the mortgage firm on his investment in a particular property. During the beginning of the Covid-19 pandemic, the firm sought declaratory judgments against the developer and his company, claiming changeover events that allowed the firm to replace the company as the manager of the property in question. Also, the firm claimed full recourse events so it could seize collateral as well as other assets from the developer, who denies that any changeover or full recourse events occurred. Because the declaratory judgment that a changeover event has occurred is not a monetary judgment, and that of a full recourse judgment is monetary, the motion to stay will be granted in regards to the full recourse event only. In addition, the developer and his company must post a supersedeas bond of over $8 million while he awaits the decision on his appeal to confirm two awards to the mortgage firm. He and his company must also refrain from interfering with the firm’'s replacement of the company as manager for the subject property.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv609, NOS: Arbitration - Other Suits, Categories: Arbitration, Real Estate, Injunction
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J. Cogburn grants a joint motion to dismiss by both the U.S. Justice Department and a former employee after the department withheld and redacted information that the employee requested through the Freedom of Information Act. The Office of Information Policy, having received the sufficient information it needed from the employee, will open his administrative appeal of one of the department’s responses to his information requests.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv69, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Employment, Government, Settlements
J. Cogburn grants a casino’s motion to dismiss allegations brought by a former table games dealer who claims the casino discriminated against him based on his veteran status. The Tribal Casino Gaming Enterprise, which is owned by the Eastern Band of Cherokee Indians, contracts with the casino, but the dealer did not join the enterprise to this suit. However, because the enterprise has sovereign status under the band, it cannot be joined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv36, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Family Law, Employment Discrimination
J. Cogburn partially grants summary judgment to a sustainable infrastructure firm following allegations of trade law violations, fraud and breach of contract brought by a shareholder. The firm acquired the shareholder’s Hazmat company and bought 90% of his stock in said company. The company fired the shareholder, then he and the company filed competing suits. This resulted in a settlement agreement in which the shareholder released the firm from any future claims regarding agreements except for continuing violations of two promissory notes the firm made for an as-yet unpaid portion of the stocks purchase. The shareholder fails to show evidence of violations of trade law and fraud, but his claim of breach of contract as related to the promissory notes survives.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: Fraud, Trade, Contract
J. Cogburn partially denies a condominium owners association’s motion for summary judgment following allegations of race discrimination brought by a Black female condo owner. The association also filed counterclaims for breach of contract and a declaratory judgment enforcing fines for the owner’s alleged violations of the agreement between the parties. After the owner was raped in her condo, she had a Ring Peephole Camera installed on the exterior of her door. While serving as vice president of the association's board, the owner was subject to harassment from multiple board members including fines for her camera installation, sexual propositions, and one member saying “You can’t reason with Black women.” Someone also anonymously left a bag of gummies in the shape of male genitalia with the note, “Eat a bag of dicks.” The owner also reports that other white residents in violation of altering their exterior doors were not subject to harassment and complaints. Because there are genuine issues of disputed facts in this case, summary judgment is not awarded. Also, until a jury determines whether the owner was subject to race discrimination, the association’s claims for breach of contract and summary judgment cannot be resolved.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv249, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Contract
J. Cogburn partially grants a restaurant its motion for summary judgment in this class action against it brought by current and former shift managers alleging the restaurant routinely forced them to work unpaid hours. A specific class member also claims gender discrimination based on his manager’s reprimands for his “mannerisms” as a gay man and his long acrylic fingernails, as well as the manager’s alleged refusal to pay him equally to straight staff or promote him. This member also claims he was fired for being gay. Although this member has failed to produce convincing evidence of most of sexuality discrimination claims, the restaurant has not demonstrated sufficient proof to claim summary judgment on his disparate discipline claim nor the class’s wage discrimination or wrongful discharge claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: October 20, 2023, Case #: 3:20cv266, NOS: Employment - Civil Rights, Categories: Civil Rights, Class Action, Labor
J. Cogburn grants an automobile association’s motion for summary judgment following wrongful denial of severance benefits allegations brought by a former vice president of talent development. The association recruited the VP to work internally in HR, which was a specialty of hers. However, after she relocated her family from Charlotte to San Antonio for the job, the association allegedly assigned her tasks vastly different than the ones they had initially discussed. After switching her job positions twice during her six weeks of employment, the association fired her. According to the severance plan, the VP was not qualified to receive any because it fired her due to negative job performance, which does not qualify for severance.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 3:22cv146, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa
J. Cogburn grants a police officer’s motion for summary judgment in a suit brought against him by a driver alleging he used excessive force after he pulled her over for suspected drunk driving. Although the officer applied a breathalyzer and field sobriety tests, which were positive for alcohol content, the charges of driving while impaired and reckless driving were dropped. When he tried to arrest her for drunk driving, she refused until he used an arm-bar takedown technique to get her on the ground to handcuff her. The driver claims she suffered multiple injuries as a result, including herniation of spinal discs, a black eye, and cuts and bruises all over her face, breasts, legs, and back. Although the driver invokes her Fourth and Eighth Amendment rights, they fail in the face of the officer’s state sovereign and qualified immunities.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 1:21cv166, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Tort
J. Cogburn denies a female police officer and the City of Charlotte their motion for summary judgment after the female officer shot a male officer in an attempt to serve a search warrant on a known violent criminal. Several officers arrived the house where they intended to serve the warrant. After the officers used a battering ram to knock a door down, shooting came from inside and the male officer was hit. In apparent confusion, the female officer shot at the male officer 14 times before someone identified him as an officer. His injuries required multiple surgeries and he is unable to return to work as an officer. His bulletproof vest with the word “police” across the back were obscured by a jacket, which puts his claims of negligence, assault and battery and intentional infliction of emotional distress into question. Therefore, summary judgment is not possible at this stage and the case will proceed to trial.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 26, 2023, Case #: 3:22cv60, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Assault
J. Cogburn grants summary judgment to Wells Fargo following allegations of age discrimination brought by a former markets analyst after the bank fired her. The analyst, who was 54 years old, reports that a manager said of her, “She is that old? I thought she was young. God, she is older than me.” Although these comments represent a potential pattern of age discrimination, the analyst fails to show any direct evidence of it. Also, the bank had previously announced a company-wide reduction in the work force to save on labor costs, and it had fired a woman much younger than the analyst in the same position at the same time.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:21cv248, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Cogburn grants summary judgment to the North Carolina Department of Public Safety following allegations of medical deliberate indifference and negligence brought by the parents of a man who died of a fungal infection in the department’s custody. The department imposed rigid restrictions on the man, including denying his compassionate release or his ability to hug his family after all involved knew his diagnosis was terminal, tightening his shackles, and taking food from him if he didn’t eat it “fast enough.” Despite all this, the department did nothing out of the bounds of its own policies regarding its treatment of those incarcerated.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:20cv570, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Medical Malpractice, Prisoners' Rights
J. Cogburn grants summary judgment to the City of Charlotte, a mental health agency, an insurance company and individuals employed by each after a man’s mother sued them following the man’s suicide while he was in police custody. The man, arrested and accused of shooting a hotel clerk, attempted suicide by stabbing himself in the neck with a pen, then throwing himself backward in a chair during intake at the jail, but the detective interviewing him failed to report this incident to anyone; that detective is not party to this suit. From then on, the man denied any recent thoughts of suicide and reported, and appeared by all accounts, to be stable. He did not report his attempt to anyone, and all reports attest that those party to this suit did their due diligence to assess the man’s mental health status before he jumped from the second floor inside the jail and died the next day. His mother fails to present any evidence sufficient to proceed on her claims of civil rights violations. Also, some parties are protected by sovereign or governmental immunity.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:20cv370, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Prisoners' Rights