236 results for 'court:"USDC Western District of North Carolina"'.
J. Whitney grants a global agricultural products firm’s motion for judgment on the pleadings following allegations of ERISA protections violations brought by an employee after a dispute over benefits involving his ex-wife. The employee argues he was wrongfully denied benefits because some of his ERISA payouts went to furnish his ex-wife as a beneficiary after their divorce. However, an ERISA plan administrator previously denied the employee’s claim for breach of fiduciary duty and his appeal. Here, he alleges wrongful denial of benefits, but the claim is redundant
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 3, 2024, Case #: 3:23cv512, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
[Consolidated.] J. Conrad partially grants a medical supply company’s motion to compel following allegations of fraud it brought against two people affiliated with a wholesaler with whom the company did business. The company claims these two individuals stole at least $200 million from the wholesale business so that it could not pay the company for services rendered. The people’s accountant claims that the motion to compel was not served properly and that the subpoena was not valid. However, he fails to show sufficient evidence of these claims and, thus, must provide some of the paperwork requested.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 2, 2024, Case #: 3:21cv501, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Accounting Malpractice, Contract
J. Reidinger denies a man, who was involuntarily committed to a hospital in 2016, his motion for reconsideration after he previously filed two other civil actions that were denied. The man then filed a motion to reverse the denials, but these were time-barred. The present motion for reconsideration is therefore futile.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 1, 2024, Case #: 1:21cv305, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Civil Procedure, Constitution, Medical Malpractice
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J. Bell denies a class of family members of those buried at one of the largest cemeteries for Black Americans its motion for certification in this suit alleging shocking treatment of human remains and desecration of graves, among others. The class, consisting of 10 people, has failed to specifically identify any other members of the thousands they believe to have been harmed by the owners of the cemetery. Thus, the suit is no longer a federal matter and is remanded to the superior court of the relevant county.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 3:23cv217, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Class Action, Contract
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Insurance, Contract
J. Bell grants in part a county district attorney’s office and its staff and some security and police officers’ motions to dismiss allegations of assault brought by a motorist. After contradictory communication between administration and security, the motorist was arrested for visiting the district attorney’s office a second time. Unbeknownst to him, he had been banned from the office. The arresting officers ignored his requests to loosen his handcuffs and instead tightened them, causing him injury. His assault, unlawful arrest and excessive claims against two officers will proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 5:22cv95, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, Assault
J. Whitney partially grants a county board of education’s motion to dismiss allegations of violations of the Americans with Disabilities Act and other protections after a student was recommended for homebound education. The student’s school removed him after a disability-related behavioral incident, and would not allow him to return, recommending homebound education. His parents sought private education and now sue the board for compensation. However, the school’s decision not to allow the student’s return does not constitute a violation of the ADA or other laws.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 27, 2024, Case #: 3:23cv139, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Reidinger grants a hospital’s motion for summary judgment in a labor dispute with a nurses’ union after the hospital won an arbitration award. Union members posted flyers regarding voting in places outside of designated bulletin boards stipulated in a collective bargaining agreement. The dispute arose, and a union representative requested access to the hospital. He was denied for 30 days as part of the agreement. When a second, uninvolved representative requested access, he had to wait until the 30 days had ended. The union is incorrect in arguing that this second denial violated the agreement, and the arbitration award stands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 26, 2024, Case #: 1:23cv321, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Health Care, Labor / Unions
J. Reidinger grants a group of advocates of homeless people their motion for preliminary injunction after the City of Asheville and some of its police officers banned the advocates from city parks and imposed other punishments. The advocates have been helping homeless people get access to food and other necessities and protesting public policy on their behalf. In response, the city and officers have banned the advocates and charged them with felony littering, which could lead to imprisonment if the advocates visited a park. The felony charges have affected some advocates’ ability to be hired. They were also not given a hearing before the charges were filed. The advocates sufficiently demonstrate likelihood of success on the merits, that their right to due process has been violated, and that it is in the public interest that a preliminary injunction be granted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Injunction
J. Reidinger grants an abortion protestor his motion for summary judgment after he alleged a local municipality and police officer had infringed upon his First Amendment rights. The municipality had recently amended its noise ordinances, specifically outside of a health care facility that provides abortions following increased noise complaints as evidenced by an eight-year study. However, the amendment was found to have compromised the protestor’s right to free speech.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:22cv222, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Municipal Law, First Amendment
J. Whitney partially grants an insurance company’s motion for default judgment against a contractor who filed for bankruptcy and has failed to pay on the balance of a bond for $6.9 million. The contractor has paid over $867,000 into a net estate fund, which will be disbursed to the company. However, future payments toward the balance will not be distributed until the entirety is paid off.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 21, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Debt Collection, Contract
J. Bell affirms the lower court’s decision that a machinery producer has plausible evidence that a powder coat and finishing company committed fraud, among other things, when it created two similar companies and fraudulently transferred the producer’s money between them.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 21, 2024, Case #: 5:23cv59, NOS: Other Contract - Contract, Categories: Fraud, Fiduciary Duty, Contract
[Consolidated.] J. Bell partially grants the pharmaceutical company Merck & Co.’s motion for partial judgment on the pleadings in a suit involving more than 200 litigants claiming a design defect in its human papillomavirus vaccine, Gardasil, after they experienced adverse health effects including mobility issues, short-term memory loss and chronic fatigue. However, Merck does not violate the federal Vaccine Act’s direct warning statute just because the litigants’ medical providers failed to issue a warning of the vaccine’s potential side effects.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 20, 2024, Case #: 3:22md3036, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Health Care, Tort
J. Reidinger partially grants an anesthetist’s motion for conditional class certification following claims that her employer misclassified her and others as independent contractors to avoid paying overtime wages. The employer, an anesthesia contractor, must turn over names and contact information of its employees to the anesthetist.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:23cv114, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Contract, Labor
J. Reidinger grants default judgment in favor of an insurance underwriting company after a client defrauded Medicare, violating a policy the company financed. The client, a clinical laboratory firm, knowingly submitted false claims to Medicare. Therefore, the policy between the company and firm is null and the company is free from indemnifying the firm.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:20cv41, NOS: Insurance - Contract, Categories: Fraud, Health Care, Insurance
J. Whitney partially denies a fire security firm’s motion for judgment on the pleadings following race discrimination allegations brought by a former fire sprinkler inspector. The inspector, a Black man, argues the firm allowed him to keep a water backflow testing business on the side upon hire, but five years later, used this as an excuse to fire him. White staff members, he claims, who also had similar side businesses were not penalized or fired and also enjoyed regular reviews and raises while the inspector only got one raise after two years of “begging.” The inspector’s claim are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 13, 2024, Case #: 3:23cv304, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Whitney grants an engineering firm’s motion for preliminary injunction following allegations it brought against one of its former staff members for poaching the firm’s confidential information about customers, pricing and business plans two weeks ahead of his resignation. A business development manager at a firm affiliate reported the offense, and the staff member was found to have pilfered over 9,000 classified files.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 12, 2024, Case #: 3:24cv234, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade, Negligence, Contract
J. Bell denies an investment research company’s motion to dismiss allegations that it sent unsolicited text messages, which deceived consumers into visiting its website and purchasing subscriptions, and falsely offered free financial advice. A class of consumers brought this claim, and it sufficiently evidenced that the text messages were not merely informational but meant to lure customers into purchases.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 11, 2024, Case #: 5:23cv111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Trade, Business Practices, Technology
J. Bell grants three police officers’ motion for summary judgment following allegations of malicious prosecution and assault, among others, brought by a motorist who was suicidal during her encounter with the officers. The motorist left a suicide note and took her husband’s pistol when she left their house, but called a police non-emergency number when she got lost. The dispatcher called the officers, who arrived at the house ahead of the motorist. She drove past, leading the officers to pursue her. Eventually, they all returned to the house, where the motorist claims she was physically forced out of her car and onto the ground. Also, allegedly one officer jammed his knee into her back, and she was forcibly arrested. Because there was probable cause to arrest her and the officers have sovereign immunity, they are granted summary judgment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 29, 2024, Case #: 5:22cv157, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
[Consolidated.] J. Cogburn grants a municipality’s motion to stay this suit during the ongoing appeal, sought by one of its police officers, of a negligence suit brought by a man the officer shot while he was at the local airport. The appeal must be resolved before the present suit can proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 29, 2024, Case #: 3:21cv455, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Cogburn grants the Postal Service’s motion to dismiss federal tort claims alleged by a driver after she claimed a postal employee crashed into her car. However, the driver did not correctly fill out a form required to sue the USPS, leaving out the amount of money she was claiming. Eventually, she filled it out correctly, but this was only after the two-year time limit to sue had already expired.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 29, 2024, Case #: 3:23cv657, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Vehicle
J. Whitney grants final approval of a settlement and awards attorney fees in this class action against a loan company after hackers breached over 200,000 customers’ data in 2022. The company must award over $308,000 in fees and expenses as well as $3,000 to each member of the class.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 27, 2024, Case #: 3:22cv307, NOS: Other Contract - Contract, Categories: Settlements, Privacy, Attorney Fees
J. Bell partially grants a group of short-term rental property owners their motion to remand this case to state court; they sued a county for allegedly violating of state and federal zoning laws. The group maintains that the county instituted an ordinance prescribing how the properties are used as a form of unfairly condemning the properties. The group’s state law claims will be remanded, but its federal claims will proceed, as the parties were unable to voluntarily resolve their dispute.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 26, 2024, Case #: 5:24cv3, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, Zoning