259 results for 'court:"USDC Western District of North Carolina"'.
J. Bell partially denies multiple aerospace manufacturing firms and individuals’ motion to dismiss allegations of fraud, negligence and wrongful termination brought by a former CEO of one of the firms. The CEO heard through other staff that one firm, which had acquired his, had no intentions to continue investing in his, although they blatantly misrepresented this fact to other firms and investors. When the CEO remained silent instead of defending the misrepresentations, the company fired him.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 20, 2024, Case #: 3:23cv203, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Negligence, Employment Retaliation
J. Reidinger denies the passenger in a car collision his motion to voluntarily dismiss the court’s exclusion of expert testimony he brought against a car manufacturer. The manufacturer claims the expert’s testimony is flawed because his recreation of the collision was inaccurate. Also, a voluntary dismissal would not take into account the significant expense the manufacturer has paid in service of the litigation so far. Thus, the motion is denied, but the expert will be allowed to recreate the crash study and submit it to the manufacturer at the expense of the passenger.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 16, 2024, Case #: 1:23cv112, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Vehicle, Experts
J. Bell grants a holding company’s motion to dismiss allegations of breach of contract, bad faith and unfair trade practices brought by the wife of a company client. After the client passed away, the wife claims the company began charging too much on the client’s life insurance policy. However, the wife’s claims are barred by a settlement agreement reached after a class action alleging the company of the same behavior was settled in 2023.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 16, 2024, Case #: 5:23cv145, NOS: Other Contract - Contract, Categories: Insurance, Trade, Contract
J. Reidinger grants the federal government’s motion to dismiss allegations of negligence brought by the daughter of a woman who died after hospital staff dropped her on her head while she was in a mechanical lift. The daughter is suing the federal government based on its relationship with the Cherokee-owned hospital. Under the Federal Tort Claims Act, which the daughter invokes, the hospital staff are considered federal employees. However, North Carolina doesn’t recognize the negligence claims, so the daughter fails to demonstrate that the FTCA gives the federal court subject matter jurisdiction over the claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 15, 2024, Case #: 1:22cv10, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Jurisdiction
[Consolidated.] J. Reidinger dismisses, with prejudice, a Walmart customer’s claims including assault, false arrest and defamation after a man associated with Walmart moved for a mistrial predicated upon the customer’s misconduct during a jury trial. As the customer was found to have disobeyed the court in front of the jury, he was charged with paying jury costs and all his claims were dismissed.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 13, 2024, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Jury
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J. Cogburn denies a foreign wine importer’s motion for summary judgment after its exclusive wholesale distributor in North Carolina sued the importer following its abrupt contract cancellation. The importer argues that it is not a “winery” and, therefore, not subject to the state’s wine distribution laws. However, whether it is a winery or not is a decision for the state to make, and the suit is stayed until this can be determined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 12, 2024, Case #: 1:22cv203, NOS: Other Contract - Contract, Categories: Trade, Business Practices, Contract
J. Bell imposes a temporary restraining order on a hospital system until after a decision is made regarding the Federal Trade Commission’s motion for a preliminary injunction in this antitrust case. The court also outlines instructions regarding disagreements between the parties, including discovery, witnesses and evidence.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 12, 2024, Case #: 5:24cv28, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade
J. Reidinger dismisses a RICO claim against a car dealership brought by a customer who claims it sold him a lemon, and that one affiliated individual is a member of Fruit of Islam, which the customer asserts is a hate group. The customer fails to demonstrate any pattern of criminal behavior on the part of the dealership or individual, but may amend his complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 8, 2024, Case #: 1:24cv39, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, Business Practices, Racketeering
J. Reidinger partially denies an American email authentication software firm's motion to compel documents and responses during an protracted discovery process with its European affiliate. The firm claims the European affiliate is trying to separate its business operations from that of the American firm. Presently, the affiliate claims the American firm is not providing sufficient evidence in discovery, however the affiliate’s latest requests are unreasonable questions, e.g. asking in what city a contract was signed, and it is not necessary for the firm to provide all this information.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 7, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery, Contract
J. Bell denies a group of police officers’ motion to dismiss claims of excessive force and constitutional violations brought by a bar customer who allegedly failed to pay a tab under $300. The officers arrested the customer, then allegedly dragged him out of a holding cell to a room without cameras and assaulted him, strapping him to a chair for two hours without seeking medical attention for his bleeding head wound. While the officers claim qualified immunity, the customer has sufficiently evidenced that they violated his constitutional rights, which were clearly established at the time of the assault.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 7, 2024, Case #: 5:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Assault, Police Misconduct
J. Bell grants a debt collection agency’s motion to dismiss allegations of unfair debt collection brought by a consumer after she moved and the agency garnished her wages. The consumer claims that the agency violated federal debt collection law because she lived in North Carolina at the time of notification, even though she incurred the debt in Mississippi. However, because she produces no evidence of whether she signed the debt contract in Mississippi or elsewhere, she cannot use this law to allege the agency’s violation.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 5, 2024, Case #: 5:21cv102, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Cogburn denies an incarcerated transgender woman and the state’s department of corrections’ cross-motions for summary judgment after the woman requested gender-affirming surgery. Before both parties are allowed to resubmit their motions, an evidentiary hearing must take place in order to determine whether surgery is medically necessary for the woman and to prevent the state from misrepresenting its Evaluation and Management of Transgender Offenders policy as automatically rejecting the request.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 2, 2024, Case #: 3:22cv191, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Lgbtq
J. Whitney grants a utility provider’s motion to dismiss allegations of race discrimination brought by a former engineer after the provider failed to promote him and allegedly told him he’d never be in a leadership position. The engineer, a Black man, claimed the provider would not promote him based on his race, so he began working for another provider. He claims he received similar treatment there as well as a pay cut, which he believes is because of the companies sharing information about him. However, under federal discrimination law, the subject incidents happened too long ago and are time-barred.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 1, 2024, Case #: 3:23cv333, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Whitney partially grants two mortgage companies’ motions to dismiss allegations that they wrongfully created a second mortgage on the house of a deceased woman. The woman’s niece claims one of the companies incorrectly charged her aunt under a second mortgage, of which the aunt was unaware. However, the niece does not own the property, is not her aunt’s legal estate administrator, and will, therefore, not experience a concrete harm if the house is sold or foreclosed upon. Thus, she lacks standing and subject matter jurisdiction.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 30, 2024, Case #: 3:23cv205, NOS: Other Contract - Contract, Categories: Jurisdiction, Banking / Lending, Contract
J. Bell grants a district attorney and several state investigators’ motions to dismiss allegations that they abused their power in an investigation into a stolen diamond ring brought by a woman’s then-boyfriend. The woman filed an insurance claim for the ring, although her former boyfriend claimed to have no tie to the claim and said she had sold him the ring. The DA and investigators ultimately found the ring in a “green origami bag” at the boyfriend’s residence. He was unhappy with how the investigation was handled and asked a former governor to intervene on his behalf, which he did. The boyfriend also hired a lawyer to recover the ring and someone to ghostwrite a book about this experience with the criminal justice system. According to the boyfriend, this is when the DA threatened to prosecute him. All of the boyfriend’s claims fail under sovereign, prosecutorial, public official and qualified immunity. The DA and the state investigators did not act maliciously nor outside of their professional roles.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv116, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Immunity
J. Bell grants Bank of America’s motion to dismiss a slew of allegations including fraud, breach of contract and wrongful eviction brought by a borrower after she defaulted on a mortgage. The borrower argues that the magistrate’s recommendation to grant Bank of America’s motion to dismiss should be nixed because the magistrate judge, as well as the entire judicial system, has no legitimacy and, therefore, cannot enforce any laws. However, the mortgagor's argument, which is one forwarded by others around the country calling themselves “sovereign citizens,” has no grounding in the practice of law.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, Foreclosure
[Consolidated.] J. Bell grants Uber Frieght’s motion to dismiss wrongful death and negligence allegations brought by an administrative representative of a motorist killed by a tractor-trailer driver. Uber acted as a broker between Coca-Cola and the driver, not as a motor carrier as the representative argues. Therefore, Uber is subject to the Federal Aviation Administrative Authorization Act, which regulates intrastate transportation, and, therefore, the Act preempts the representative’s allegations as they are all state law claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv73, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Cogburn denies a home security company’s motion for attorney fees in its trademark infringement suit against a competitor. In a jury trial, the company was awarded $140 million in punitive damages, some of which can be put toward attorney fees and is sufficient as a deterrent to the competitor not to engage in similar behavior going forward.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 23, 2024, Case #: 3:20cv504, NOS: Trademark - Property Rights, Categories: Trade, Trademark, Unfair Competition
J. Reidinger grants Pfizer’s motion to dismiss allegations of product liability brought by a consumer who claims an arthritis medication damaged her kidneys. The consumer reports that her doctor diagnosed her with stage 3 kidney disease, and that after she stopped taking Pfizer’s medication, her kidney condition improved. However, she presents only cursory information that is not enough to state a claim.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 22, 2024, Case #: 1:23cv281, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Negligence, Product Liability
J. Conrad orders a pre-filing review system imposed on any documents filed by a man for his abuse of the court and entrance of frivolous filings, including the current ones against a host of judges, courts, lawyers and firms, banks and his former employer. Despite warnings, the man filed an omnibus motion against all the parties after having been asked to submit one page as to why he should not subject to the pre-filing review system.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: January 18, 2024, Case #: 3:23cv423, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Civil Procedure, Judiciary
J. Cogburn denies a pool products manufacturer’s motion in limine to exclude the expert testimony of a competitor that sued it for trademark infringement. The manufacturer argues that the expert’s testimony is improper, but this is to do with the expert’s methods, which it is free to debate using cross-examination. The manufacturer has raised nothing to stop the admission of the testimony.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 18, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Experts
J. Cogburn grants an infrastructure contractor’s motion to dismiss for a lack of subject matter jurisdiction following allegations of state law violations and breach of contract brought by the founder of an energy consulting company that the contractor acquired. The contractor agreed to pay $360,000 cash to the founder and he kept 9% interest and his seat as company president in exchange for 90% of the company’s shares. Two years later, the contractor fired the founder and stopped paying on a promissory note, prompting the current suit. After a settlement, only the breach of contract claim still stood, but because the founder has not shown that the amount in controversy is not more than $75,000, the suit is dismissed. However, it may proceed in a state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 18, 2024, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: Settlements, Jurisdiction, Contract
J. Whitney denies Neutrogena’s and Johnson & Johnson’s motion to dismiss allegations by the parent of a child who died of leukemia after long-term exposure to the companies’ sunscreen products. The parent allegedly exclusively applied the companies’ sunscreen to the child's skin on a regular basis for 12 years, and Benzene, a chemical compound which is linked to cancer, was present in the sunscreen. The parent’s amended complaint consists of enough credible information at this stage to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 17, 2024, Case #: 3:23cv215, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Wrongful Death
J. Cogburn grants partial summary judgment to a group of former members of a golf club as far as liability of the club to reimburse resigned members their invested equity shares after confirming new members to replace them. The group discovered that the club was not repaying resigned members’ investments when new members joined. The club argues that when partial members became full members, this did not constitute admission of a new member. But, as the only members required to invest equity are full members, the club’s reading of the policy is unreasonable.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 17, 2024, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Enforcement Of Judgments, Business Practices, Contract
J. Reidinger grants summary judgment to an insurance company after a brewery sued it for an alleged breach of contract following a flood that damaged the brewery and its administrative building. According to the contract, only one building is covered per policy, but the brewery used one address for both buildings. Therefore, the company only awarded damages for claims on the building listed in the policy, not the other one, which does not constitute a breach of contract.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 16, 2024, Case #: 1:22cv267, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Reidinger denies a group of white Asheville residents’ motion for class certification after it claimed Asheville’s city government discriminated against its members on the basis of race. The group, challenging a city HR policy which had specific demographic quotas for its volunteer-based commission, claimed that because the policy required certain numbers of people of color to be appointed, the city was discriminating against its members as white people. Of 46 white people in the class, 16 of them were appointed by the city, leaving 30 not appointed, but the class does not provide any evidence as to why those 30 were not appointed. Also, the city changed the policy a year prior, still encouraging marginalized people’s participation in the commission but removing any specific quotas, in effect negating the reason for the group’s complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 16, 2024, Case #: 1:23cv259, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Class Action
J. Whitney partially grants a shoe manufacturer’s motion to dismiss allegations of breach of contract, bad faith and fraud brought by a competitor. This ruling takes into consideration prior litigation, specifically a protective order, which the manufacturer now accuses the competitor of breaching. However, neither this claim, nor the bad faith and fraud allegations, are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 16, 2024, Case #: 3:23cv167, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Contract
J. Mullen grants an initial review of a former hotel worker’s allegations that a hotel refused to rehire him due to his age and because he had previously complained about being subject to racism. The hotel laid off the worker, a Black man who had filed an EEOC complaint in the past, during the Covid-19 pandemic and then would not rehire him while it rehired younger staff members. The worker’s claims have been found not to be frivolous, so he may proceed.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: January 16, 2024, Case #: 3:23cv843, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation