104 results for 'court:"USDC Middle District of North Carolina"'.
[Consolidated.] J. Osteen defers consideration of a Silicon Carbide fabrication facility’s argument that its high-voltage power semiconductor patent claim term is indefinite at this stage, and so no claim construction can happen. The Purdue University Board of Trustees says construction of patent claim terms must proceed, but since the term is currently indefinite, consideration must be deferred.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 19, 2024, Case #: 1:21cv840, NOS: Patent - Property Rights, Categories: Education, Patent, Technology
J. Biggs partially denies the University of North Carolina’s motion for summary judgment following claims of racial discrimination brought by a Ph.D. candidate. Specifically, the candidate, a Black man, claims his dissertation committee plagiarized his work and re-attributed it to another student and did not behave this way with other candidates of different races. There is enough evidence to call the university and committee into question such that qualified immunity is suspended at this time.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 15, 2024, Case #: 1:20cv1050, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
J. Osteen grants an online political strategy firm’s motion for summary judgment following its claim that a multinational investment company failed to pay a third installment on a $900,000 promissory note. This claim comes after the company was recently sued for public corruption for bribing politicians in exchange for governmental decision making power that would benefit the company. The company shows no evidence that it is not obligated to pay the third installment of $300,000 plus interest and attorney fees of $45,000.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:21cv206, NOS: Other Contract - Contract, Categories: Debt Collection, Attorney Fees, Contract
J. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: Education, Tort, Assault
J. Biggs grants in part one insurance firm’s motion for summary judgment in a suit where a second insurer sued the first for the partial cost of a fire claim in some underlying suits. Four apartment residents died of smoke inhalation after calling a county emergency communications center and receiving the advice not to open any windows, but to “hunker down” until emergency services arrived. The victims’ families’ sued the communications center and staff for $9 million total, but the first firm refused to contribute to the settlement. Its policy on excess coverage allows it to escape having to contribute more than $1 million on the claim.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:22cv404, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
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[Consolidated.] J. Biggs denies the state board of elections’ motion for summary judgment in an ongoing suit brought by the NAACP for alleged voting rights violations. While the board argues that the NAACP fails to demonstrate that things like requiring voters to have photo identification has racially discriminatory intent, the NAACP is correct that such requirements have historically been dsicriminatory. This and other genuine disputes of fact still exist.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Biggs grants a stockholder’s motion for entry of default judgment against an investment company after he alleges the company failed to issue him 200,000 shares he purchased for $100,000. Although the company claims it would not return the stockholder’s investment because it had fallen victim to an attempt to defraud it, it is still subject to the contract with the stockholder to return his investment, now with interest.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 12, 2024, Case #: 1:23cv345, NOS: Other Contract - Contract, Categories: Commerce, Securities, Contract
J. Eagles grants an insurer’s motion for summary judgment following a claim dispute after a couple’s boat was involved in a crash. Following the couple’s claim, the company found discrepancies in their policy application, including the fact that the husband had undisclosed felony drug charges, which is true even though his wife claims she was unaware. This and other falsehoods null the policy completely and the company is not liable to pay on the couple’s claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: February 22, 2024, Case #: 1:22cv915, NOS: Marine - Contract, Categories: Insurance, Maritime, Contract
J. Biggs recommends dismissal of a food stamps recipient’s complaint against the North Carolina Department of Health and Human Services after granting his application to proceed solely for the purpose of recommending the dismissal. The recipient alleges the department discriminated against him by denying him food stamps based on drug charges in another state because he has a drug addiction, which the ADA considers a disability. However, the recipient does not meet the requirements of suit under the federal law he invokes, as the department is not a person and the recipient has not identified any associated person to sue.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 14, 2024, Case #: 1:23cv320, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Government
J. Biggs denies summary judgment regarding class certification to a disability support service following allegations it failed to pay its staff minimum wage for all hours worked and overtime. The service moved for decertification of the class, but because it was previously decided that federal certification remains conditional and that, at this time, the class is sufficiently meeting the conditions, the service’s motion for summary judgment is moot.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 13, 2024, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: Business Practices, Class Action, Labor
J. Biggs overrules the North Carolina NAACP’s objection to a magistrate judge’s order denying the NAACP’s motion to reopen discovery in this case challenging a state Senate bill regarding voter identification requirements. The NAACP claims the bill is unconstitutional and discriminatory and made a motion for a brief period in which to reopen and update discovery in light of newly admitted parties. The magistrate judge necessarily denied the motion after allowing the NAACP to propose it to the state board parties first, who denied it. Also, the NAACP claims that the state board parties are obligated to present all public records concerning the Senate bill, the decision about which is given back to the magistrate judge.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 12, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Constitution, Elections, Government
J. Osteen partially denies the Department of Veterans Affairs’ motion to dismiss allegations of disability discrimination and retaliation brought by a former program support assistant. While the assistant fails to state a claim for retaliation, the evidence she produces is sufficient to bring a discrimination claim. The department created a new position similar to hers requiring a graduate degree, of which she has three, but hired someone who was not college-educated instead. The assistant argues this is because of the department’s prejudice against her based on the atrophy of the left side of her body due to a stroke.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: February 6, 2024, Case #: 1:23cv8, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Biggs grants Pfizer’s motion to seal information that is redacted from an associated amended joint case status report in this patent infringement case against a pharmaceutical competitor. Based on the type of infringement case Pfizer brought, the FDA has to withhold approval of the competitor’s product for 2.5 years while the parties litigate the infringement. As this case was previously transferred to a related multidistrict litigation action and the status report was originally confidential, Pfizer correctly argues that it should remain so.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: January 23, 2024, Case #: 1:21cv157, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Corporations, Government, Patent
J. Schroeder partially grants motions for preliminary injunction put forth by the Democratic National Committee and other groups and individuals across two identical, but not consolidated, cases in the interest of protecting same-day voter registrations. Currently, North Carolina practices non-forwardable voter registration verification, meaning when someone registers to vote and votes on the same day, they are sent a card to the address under which they registered. Then, if the state board of elections does not receive said card, the voter’s ballot is removed from the official count. The verification process is essential to protecting legitimate elections. However, the national committee has shown that the potential harm caused to voters by continuing this process without giving them notice and a chance to prove their residency is likely more egregious than the possible harm to the government if the process remains the same. Therefore, the state is enjoined from removing same-day voters’ ballots until they have been given notice and have a chance to verify their addresses.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: January 21, 2024, Case #: 1:23cv862, NOS: Voting - Civil Rights, Categories: Elections, Government, Injunction
J. Schroeder denies an agricultural products firm’s motion to dismiss allegations of antitrust violations brought by the Federal Trade Commission and 12 state governments on behalf of farmers. The commission and states claim that the firm excludes generic pesticide products competition using loyalty discount programs, through which it offers its distributors considerable lump sums of up to millions of dollars to limit their purchase of generic products. This, in turn, allegedly hurts farmers financially as 90% of them purchase the products from these distributors. The firm continues this practice even after its products’ patents expire. The firm maintains that its practices, because they are not directly price gouging, are not monopolizing nor causing competitors injury. However, the commission and states sufficiently evidence the exact opposite, that the firm has railroaded distributors and consumers, mostly farmers, into having no other choice but to buy its products.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: January 12, 2024, Case #: 1:22cv828, NOS: Antitrust - Other Suits, Categories: Antitrust, Trade, Unfair Competition
J. Webster denies two voting rights organizations their motion for summary judgment after the state board of elections passed a bill upholding an old statute that the organizations say is racist. They argue that the statute violates equal protection rights because it was initially written in 1877 to be racially discriminatory toward the voting populace and that since then, the statute’s discrimination has not fundamentally changed. They argue that this law continues to disproportionately effect Black voters and that it also violates due process. A bill from 2023 altered the statute to include a scienter requirement, meaning only people charged with felonies who vote knowing they have violated the statute can be prosecuted, but the organizations say this does little to change their stance. However, because anyone who votes inappropriately but doesn’t know that they have done so will not be considered to have broken the voting law, the organizations’ motion for summary judgment is denied as moot.
Court: USDC Middle District of North Carolina, Judge: Webster, Filed On: January 2, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: Elections, Government, Prisoners' Rights
J. Biggs denies Ford’s renewed motion for a directed verdict and motion for a new trial in a wrongful death dispute. The wife supports her claims that her husband’s exposure to the asbestos-containing products at issue while working as a tractor-trailer mechanic for 40 years contributed to his mesothelioma. Final judgment will be entered in favor of the wife, awarding her $275,000 in back pay plus prejudgment interest to the tune of nearly $67,000.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 30, 2023, Case #: 1:20cv98, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Settlements, Damages, Asbestos
J. Osteen denies North Carolina Supreme Court Justice Anita Earls’ motion for preliminary injunction following a proposed investigation by the state’s judicial standards commission of some of Earls’ public comments. Earls, the sole Black woman on the state supreme court, has publicly claimed that the court lacks racial diversity and harbors implicit bias, and that she has the First Amendment right to make such statements. She argues that an investigation would infringe upon this right. However, according to the commission, Earls’ comments potentially violate a code of judicial conduct wherein judges should not make such public comments about each other because this can undermine public confidence in the court. The state court acted first, which could mean abstention doctrine would at least temporarily stop an injunction from proceeding. But, in this case, Earls has failed to establish a probability of success on the merits based on her potential violation of the code of conduct, so her motion must be denied.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: November 21, 2023, Case #: 1:23cv734, NOS: Other Civil Rights - Civil Rights, Categories: Government, First Amendment, Injunction
J. Biggs grants the federal government’s motion for summary judgment after two alleged drug buyers had to forfeit over $25,000 with which they intended to buy controlled substances. The purchasers argue that they have a right to recover the money as it was not intended to be used to buy controlled substances. Attempting to invoke a rule that there had been a clerical mistake made, the purchasers moved that the court should correct it and thus also moved for relief from a previous order and judgment. However, following discovery, evidence shows that they had intended to buy the substances, so their argument fails.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 9, 2023, Case #: 1:21cv584, NOS: Drug Related Seizure of Property 21 USC 881 - Forfeiture/Penalty, Categories: Evidence, Property, Discovery
J. Biggs grants summary judgment to Rockingham County, a deputy sheriff and three paramedics who were sued for wrongful death by the family of a man who died of cardiac arrest at home after refusing the EMTs’ advice that he go to the hospital to treat his fever, low oxygen level and heightened respiratory rate. They properly determined he was alert and of sound mind when he repeatedly refused their assistance, so their behavior was not negligent, and the suing family did not bring an expert to testify to a medical malpractice claim. Additionally, the claim against the deputy is barred by public official immunity.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 6, 2023, Case #: 1:21cv95, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Medical Malpractice
J. Osteen partially denies the University of North Carolina’s motion to dismiss allegations including race discrimination, wrongful discharge and tortious inference brought by a Ph.D. student. The only Black person in the organizational behavioral Ph.D. program at the time, the student confided in close faculty that she had been raped and that this had triggered symptoms of her PTSD diagnosis. When she attended a hearing involving her attacker instead of a non-mandatory program seminar, the faculty claimed she was being irresponsible and disrespectful. From there, the student alleges, her treatment by the faculty — all of whom are white or of Indian descent — became increasingly severe to the point where they allegedly complained to professors at other universities and sabotaged her attempts to transfer schools. While the student does not sufficiently evidence her claims against the individual staff members involved and has since withdrawn those claims, she does have standing against the university itself on eight of 10 claims including disparate treatment, retaliation and failure to accommodate.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: October 20, 2023, Case #: 1:22cv717, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Eagles grants the disbursement of over $11 million following Dish Network’s appeal after a class of consumers sued it for making over 50,000 calls in willful violation of the national Do Not Call registry. As is usual, this class action resulted in undisbursed judgment funds, and a special master correctly recommends disbursement to multiple cy pres recipients, including the attorneys general, the Public Justice Foundation and the National Consumer Law Center.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: October 11, 2023, Case #: 1:14cv333, NOS: Cable/Sat TV - Other Suits, Categories: Consumer Law, Class Action, Technology
J. Schroeder denies Walmart’s motion in limine to exclude the testimony of a customer’s doctor after the customer was allegedly injured by a Walmart staff member who hit her parked car with a cart collection machine. The customer claims multiple injuries requiring surgery at a cost of over $400,000. Walmart argues that the doctor solely relied on the customer’s description of what happened, which is not enough evidence for her to proceed on her personal injury claim. However, the doctor compared her account to MRI imaging, which revealed images of injuries that were consistent with what she described. Therefore, the doctor’s testimony is appropriate.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: October 5, 2023, Case #: 1:22cv327, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Corporations, Tort, Damages
J. Auld denies a former Duke University Medical Center doctor’s second motion to compel discovery pursuant to ERISA to recoup long-term disability benefits under his insurance plan. The doctor requests discovery of information he believes the company has withheld. However, the company has repeatedly provided all information requested and, so, will not be tasked with providing more.
Court: USDC Middle District of North Carolina, Judge: Auld, Filed On: October 4, 2023, Case #: 1:22cv605, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Eagles issues a pre-filing injunction against a social security recipient who has abused the court over the years with multiple frivolous suits, even against court order. The recipient insists a mental health provider charged unreasonable fees for its services and wrongly withheld his benefits. He has sued the provider eight times with no success. This order enjoins and prohibits him from filing suit regarding this matter again unless given permission by the court.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: October 3, 2023, Case #: 1:23mc40, NOS: Miscellaneous Cases - Other Suits, Categories: Injunction