8 results for 'judge:"Myers"'.
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. 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. 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. 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. Myers and three additional judges grant the federal government’s motion to strike the jury trial demand brought by a group of military service members and their families in an ongoing dispute about allegedly contaminated water at Camp Lejeune. The service members and families claim some of them developed cancer or died after exposure to toxic substances in the water when they lived at the military base. The government enacted a law allowing affected individuals to sue it under certain conditions, but nothing in the law requires a jury trial.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: February 6, 2024, Case #: 7:23cv897, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Water, Military
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J. Myers partially denies a university's motion to dismiss gender discrimination and retaliation allegations brought by a women's volleyball head coach after the university fired her and replaced her with a man. Although the coach had a stellar track record regarding team wins, she complained multiple times of Title IX violations by the university, which she claims consisted of higher amounts of funding and facility renovations for men's teams. At the same time, student athletes accused the coach of creating a toxic culture through intimidation and manipulation. The university fired her on the grounds of toxicity, but she states a reasonable claim of discrimination and retaliation since the university replaced her with a male coach with very little experience shortly after she complained.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: September 21, 2023, Case #: 4:22cv30, NOS: Education - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Meyers grants a biopharmaceutical firm's motion to dismiss religious discrimination and retaliation allegations brought by a former employee after it fired her for refusing to be vaccinated for COVID-19. The firm gave notice to all employees that they needed to be vaccinated unless claiming a religious or medical exemption. After an interview, the firm determined its own undue hardship was greater than hers should she choose not to be vaccinated. Also, the employee filed an EEOC claim but it had no mention of retaliation. Thus, the firm fired her because she had not complied with its policy, not because she put in a request for an exemption.
Court: USDC Middle District of North Carolina, Judge: Myers, Filed On: September 13, 2023, Case #: 5:22cv412, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation