63 results for 'judge:"Flanagan"'.
J. Flanagan denies one faction of a high school’s alumni association’s motion for an extension of time in an already-lengthy trademark infringement case it brought against a second faction. The first faction has repeatedly gone against court procedures by entering multiple amendments to their complaints without permission and refusing to hire new counsel after their first attorney withdrew. Also, the second faction’s motion to dismiss is granted.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 5:23cv321, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Flanagan grants a generator production company’s partial dismissal in this product liability class action brought by an ice cream truck driver who was chemically burned when the truck’s gasoline tank malfunctioned. The driver argues the company knew the tanks were faulty, claiming fraud by omission. Because the driver fails to give sufficient information as to when the company supposedly began hiding this information, and because he does not point to any specific way that the company tried to hide information, this part of his claim fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 7:23cv1329, NOS: Other Contract - Contract, Categories: Fraud, Product Liability, Contract
J. Flanagan grants an IT management company’s motion for summary judgment following allegations of race discrimination and wrongful termination brought by a former manager. The manager, a Black man originally from Haiti, argues that his white male supervisor did not promote him but promoted another white man, instead placing the manager in a newly created role instead. However, the supervisor correctly argues that the manager did not have the skill set for those positions, and the manager accepted the role offered. The manager also fails to present any evidence of race discrimination or sufficient evidence for wrongful termination after he resigned.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:22cv345, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Flanagan grants a municipality’s motion to dismiss wrongful termination and gender and race discrimination allegations brought by a former parks and recreation director. The director, a Black woman, alleges that after a series of discussions and emails regarding her conduct, her supervisors became increasingly hostile and fired her without warning or explanation. She makes reference to several other employees’ actions that did not result in their termination, but the information she provides is too vague to proceed under a Title VII claim.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:23cv630, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Flanagan partially denies Aramark’s motion to dismiss allegations of discrimination and retaliation brought by a former office assistant and cashier after Aramark fired him. The assistant claims that based on his age and race, Aramark did not give him proper training, then refused to rehire him in the next academic year “because of COVID.” The assistant alleges this excuse is pretext for discrimination after he had emailed Aramark detailing various incidents of harassment he experienced at work, and had filed for a right to sue with the EEOC. His retaliation claims under Title VII therefore will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 22, 2024, Case #: 4:23cv200, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Flanagan grants a community college’s motion to dismiss allegations of fraud and Fifth Amendment violations brought by a barber academy. The academy’s owner claims the college pressured him to give up his barbering license after it was suspended because the college could not get a barber school license without owning a barber school, and the owner did own one. Then, someone from the college allegedly sent the college’s board a fraudulent application, falsely claiming that the college owned the barber school on the owner’s property. However, the claims against individuals these for actions, all apparently committed before 2014, are time-barred. Claims against the college and board are dismissed for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 19, 2024, Case #: 4:23cv80, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Fraud, Jurisdiction
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. 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. 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. 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. Flanagan denies an insurance company’s motion to show cause as a part of a dispute over a $1 million water damage claim following Hurricanes Florence and Dorian. The company alleges that claim’s appraisers should be sanctioned for appealing the company’s discovery requests as a violation of the court’s orders. However, the district court has refused to grant the appraisers’ motion for protective order from discovery, so this part of the litigation is dismissed for lack of jurisdiction and stayed until the appeal is resolved.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 16, 2024, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Discovery
J. Flanagan grants a county caseworker’s motion for leave to file a second amended complaint against her employer in this age discrimination suit. Initially, she sued the county’s social services department, but this entity cannot be sued under federal discrimination law. She next moved to sue individuals involved in the allegations, but individuals cannot be sued under this law either. The caseworker’s suit is deemed to not be frivolous, so she will need to determine whether she is employed by the county or the state, and sue that party.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 12, 2024, Case #: 4:22cv81, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Flanagan denies a former county sheriff’s motion to dismiss allegations of race discrimination brought by a former captain of the county’s detention center after the sheriff demoted her then fired her shortly after he was elected to office. The captain, the only Black woman on staff at the time, worked in the office since 1998, had several promotions since, and allegedly had an excellent performance record. Within a month of his placement, the sheriff, a white man, demoted the captain and replaced her with a less-qualified white woman. He also demoted another Black employee, and on a phone call with a white staff member, was recorded saying, “I’m sick of these Black bastards. I’m gonna clean house and be done with it,” along with other derogatory remarks. When the sheriff fired the captain not long after, he cited an incident when she had forgotten to pay for some bags of pecans at a store, then returned to pay for them, characterizing this as behavior as “unbecoming.” The state filed a removal petition against the sheriff based on the race discrimination claims, at which time he resigned. He was elected again, and again he demoted Black staff members. The state filed a removal petition a second time, and again he resigned. The captain has sufficiently evidenced a claim for race discrimination.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 1, 2024, Case #: 7:23cv1177, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Flanagan denies a Butterball employee’s motion for reconsideration of a previous denial of leave to amend in this race discrimination suit. The employee alleges he just wanted to change pseudonyms in the original complaint to the individuals’ real names, to add them as defendants. However, suits under Title VII of the Civil Right Act may not be brought against individuals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 31, 2024, Case #: 4:22cv147, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Flanagan partially denies a crop insurance company’s motion for summary judgment after a farm alleged the company’s agent breached fiduciary duty and committed fraud and negligence when the company did not properly pay on a claim. The farm was able to show sufficient evidence that the agent misrepresented the kind of coverage and amount available to the farm, so their allegations against him survive, but not their claims against the company itself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 26, 2024, Case #: 7:21cv126, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Fiduciary Duty, Negligence
J. Flanagan grants the acting federal secretary of labor’s motion for default judgment against a Mexican restaurant and its owners for alleged labor law violations. Because the restaurant and its owners failed to submit a notice that they would be proceeding pro se or with representation, the court clerk entered default against them in October 2023. The owners are now ordered to pay in excess of $154,000 in back wages and liquidated damages to the department of labor.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 3, 2024, Case #: 4:20cv189, NOS: Fair Labor Standards Act - Labor, Categories: Government, Labor