63 results for 'judge:"Flanagan"'.
J. Flanagan partially denies an insurance company’s motion for summary judgment following allegations of breach of contract, bad faith and deceptive trade practices brought by an investment group that owns several medical office buildings damaged during Hurricane Florence. The group failed to show enough evidence for the bad faith and deceptive trade practices claims. The insurer argues that only 10-12% of the water damage was caused by wind as a policy in the contract will not cover water damage caused by other factors. However, its own expert reported that the wind opened a hole in the roof of one building, raising the question of whether wind damage contributed to further water damage. Therefore, the group’s contract claim will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 29, 2023, Case #: 4:21cv157, NOS: Insurance - Contract, Categories: Insurance, Trade, Contract
J. Flanagan grants a municipality’s motion to dismiss allegations of employment discrimination brought by a staff member after she claims it overlooked her for promotions during the seven years she worked there. The municipality argues correctly that subject matter jurisdiction is not applicable because the staff member’s complaint lacks diversity of citizenship because all parties are located in North Carolina. Further, the staff member does not include any federal question in her claim, only alleging that the municipality violated state employment laws.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 29, 2023, Case #: 2:23cv52, NOS: Employment - Civil Rights, Categories: Employment, Jurisdiction, Employment Discrimination
J. Flanagan grants the U.S. Attorney General’smotion to dismiss allegations of voter suppression brought by a citizen who claims the attorney’s appointment of Jack Smith as special counsel undermined her right to vote for Donald Trump. The citizen also requests an injunction to stop the attorney from appointing any other special counsel who would prosecute Donald Trump. However, the citizen has failed to draw a connection between the attorney’s appointment and any concrete injury to herself. Also, she cannot sue one party in defense of the legal rights of someone other than herself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 28, 2023, Case #: 5:23cv372, NOS: Voting - Civil Rights, Categories: Elections, Government, Jurisdiction
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J. Flanagan grants summary judgment to a North Carolina town and two of its police officers on allegations of malicious prosecution and false imprisonment brought by a motorist who stopped his car in the middle of a street and berated one of the officers. A rail company shut down all but one railway intersection in the town, and police directed traffic as a result of build-up. The motorist, agitated about traffic, stopped his car and got out to say, “Do you know how to do your fucking job?” to an officer. A bystander recorded the interaction from a distance, in which the motorist continued to yell at the officer, who eventually began punching the motorist and attempting to arrest him. Two other officers helped in pinning him to the ground and arresting him. Given the motorist’s behavior, the malicious prosecution and false imprisonment claims fail because the officers had probable cause to arrest him.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 5:22cv114, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Flanagan denies a borrower’s motion for reconsideration of an October ruling that denied her motions to remand, to amend and for oral argument, and the court grants the sued loan servicing firm’s motion to dismiss. This time around, the borrower fails to present a clear error of law or any new evidence for consideration and cannot proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 2:23cv31, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Flanagan rules in favor of a maritime services firm to place a lien on a vessel it salvaged at sea. The vessel, a powerboat, had been tender to a larger vessel when it capsized and the larger vessel abandoned it. The maritime services recovered and restored the boat at significant cost of over $263,000, and it will now be put up for public sale.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 21, 2023, Case #: 4:23cv130, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime
J. Flanagan denies a municipality’s motion for attorney fees and costs following allegations that one of its police officers raped a woman “in exchange for” not arresting her. Among multiple claims the woman brought against both parties was punitive damages. The municipality argued that it is immune from the punitive damages claim and that this claim was frivolous and, therefore, the woman owes it attorney fees and costs. However, as the woman withdrew the claim, the municipality’s argument is moot and discovery will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 13, 2023, Case #: 7:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Assault, Police Misconduct
J. Flanagan grants Florida’s Division of Emergency Management’s motion to stay proceedings until the settlement of its underlying appeal of a denial of its sovereign immunity in a contract dispute involving the purchase of Covid-19 tests. A staffing firm argues that the division breached the parties’ contract and that its appeal is frivolous. However, this is incorrect because the firm cannot apply the same argument regarding the underlying merits of the division’s original defense to a sovereign immunity appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 5:23cv69, NOS: Other Contract - Contract, Categories: Immunity, Covid-19, Contract
J. Flanagan partially denies a property development firm’s former accountant’s motion to dismiss allegations of conversion, fraud and breach of contract brought by the firm. The firm correctly argues fraud because the accountant falsely told a member of the firm that to get tax benefits, he would need to share ownership of the firm with the accountant. Thus, they created the firm as a 50-50 partnership. Then, the accountant fraudulently acquired a home on behalf of the member without his knowledge for almost $1 million. The accountant quit the firm and refuses to return the property to the firm. The firm’s claim that the accountant breached his fiduciary duty while acting as the firm’s agent and member will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 7:23cv1062, NOS: All Other Real Property - Real Property, Categories: Fraud, Real Estate, Contract
J. Flanagan grants a police officer and a county sheriff’s office’s motion for judgment on the pleadings following allegations of First and 14th Amendments violations brought by a man whom the officer arrested. The man claims the officer did not have good cause to arrest nor imprison him as he was not carrying a firearm. However, he failed to include allegations in support of his claim that the sheriff’s office — which itself is an entity not capable of being sued — fundamentally had something to do with the officer’s alleged maltreatment of him. His claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 15, 2023, Case #: 7:23cv9, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Flanagan partially grants an insurance firm’s motion for a judgment on the pleadings in this complicated fraud and deceptive trade practices case. The owner of a commercial building filed a claim in 2016 after Hurricane Matthew damaged the property. The firm awarded the owner only part of the cost it claimed, then the building was further damaged during Hurricane Florence two years later. A dispute over the cost of damages followed, and although the firm did send another partial payment, following discovery, it is clear the firm had no intention of appraising the property after the owner requested it to do so. Therefore, the fraud and deceptive trade claims regarding Hurricane Florence may proceed. However, the bad faith and deceptive trade practices claims around Hurricane Matthew are time-barred.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 8, 2023, Case #: 5:19cv529, NOS: Insurance - Contract, Categories: Fraud, Insurance, Trade
J. Flanagan denies the administrative director of the North Carolina Office of the Courts’ motion to dismiss First Amendment claims brought by Courthouse News Service (CNS), this news media organization. CNS argues the North Carolina courts, particularly those in Johnston, Harnett and Wake counties, denied it access to new civil complaints as soon as the courts posted them live online. According to previous litigation, it has been established that the press and general public must have as immediate access as is possible to complaints filed in order to improve the quality of the judicial system. Therefore, the director’s argument that CNS failed to state a case fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 3, 2023, Case #: 5:23cv280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Technology
J. Flanagan adopts a magistrate judge’s recommendation to grant sanctions to a county school board by dismissal of a job discrimination complaint brought by a former employee. The employee presently moves to schedule a pretrial hearing and “to note the race of every potential juror examined in this case.” However, as the employee demonstrated bad faith in failing to appear at two depositions, thereby hampering discovery, her motions are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 23, 2023, Case #: 5:20cv595, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Flanagan grants Freddie Mac and two other mortgage providers’ motion to dismiss a homeowner’s claims that the providers induced her to make fraudulent payments on an alleged mortgage modification. Her motion for remand on the federal RESPA claim is denied because this court has original jurisdiction. Under her state RESPA claim that the providers requested the wrong escrow amount in her mortgage payments, she cannot proceed because under the provision she specifies, she has no private right of action.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 17, 2023, Case #: 2:23cv31, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Contract
J. Flanagan grants FedEx’s motion for summary judgment following allegations of race, gender and age discrimination brought by a former operations manager. The manager filed complaints against several supervisors, with whom she worked directly or indirectly, following an incident where she got into a verbal argument with a third-party employee. The manager claims that the supervisors set her up and persuaded other staff to blame her for instigating the fight. FedEx disciplined the manager for this, and later again for another argument, this time with a package handler, after which it fired the manager. Summary judgment is awarded because the manager fails to state a claim on all counts.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 17, 2023, Case #: 5:22cv120, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Flanagan denies a homeowner and her counsel and appraiser their motions for judgment on the pleadings in a suit they brought against the homeowner’s insurance company over water leak damages following two separate hurricanes. The homeowner sued for over $1 million and denies that it owes the insurance company discovery because the homeowner’s counsel conducted arbitration with the company and should, therefore, be exempt based on North Carolina’s arbitration act. However, this is incorrect because the state does not extend the act to insurance appraisals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 12, 2023, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: Insurance, Discovery, Contract
J. Flanagan partially grants a school’s partial motion to dismiss a second amended complaint alleging disability discrimination against a minor student. The student’s public accommodation claim is inappropriate because the student and his parents are not seeking injunctive relief, which is exactly what Title III of the ADA aims to do. However, the school is incorrect in asserting that just because the student’s original claim did not include intentional infliction of emotional distress that the school cannot be liable, so this claim survives.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 29, 2023, Case #: 5:22cv201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Education, Tort
J. Flanagan partially dismisses, for procedural reasons, a family’s lawsuit against their son’s private school for infliction of emotional distress. Because the boy no longer attends the school, he has no standing to sue under Title III of the ADA, as he cannot show the threat of future harm. Negligence claims against the school fail because the family alleges intentional conduct just by two employees. Several retaliation, contract and negligence claims survive the motion.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 28, 2023, Case #: 5:22cv201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Tort, Negligence
J. Flanagan partially grants a farmer's motion for summary judgment following breach of contract allegations he brought against an insurance company after it refused coverage for fire damage. The farmer lost a combine and other equipment in the fire, for which the company owes him restitution. However, the farmer's claim that the company should cover costs he incurred hiring labor to harvest his crops as a result of his equipment loss is not the company's responsibility.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 25, 2023, Case #: 7:22cv25, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then directed him onto all fours and touched his crotch and anus, calling it a “massage.” However, before another student notified the police of the alleged abuse by the director on himself, the university claims it had no knowledge of the director’s actions. In 2015 and 2016, other coaches had reported suspected sexual conduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv44, NOS: Education - Civil Rights, Categories: Education, Tort, Assault
J. Flanagan denies a sports medicine director at the University of North Carolina his motion to dismiss allegations of sexual abuse brought by a former student and soccer player. The student, who is male, had been 17 years old at the time of the allegations. After the student had surgery, the director did things like assisting him in undressing, watching the student shower, giving him deep tissue “sports massages” that left bruising, and handling the student’s genitals without consent or medical need. Because the director did not file a memorandum in support of his motion, and because he did not respond to the student’s opposition to it, the director's motion is denied.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: Education, Tort, Assault
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then touched and massaged the student's genitals without his consent. In 2015 and 2016, other coaches had reported suspected sexual misconduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv216, NOS: Education - Civil Rights, Categories: Education, Tort, Negligence
J. Flanagan grants a county its motion to dismiss allegations of due process violations brought by a former library director after the county fired her unexpectedly. The director had an argument with a volunteer, and the volunteer met with the assistant county manager. The next day, he fired the director without explanation beyond “unsatisfactory job performance.” Because a reasonable person would not know that the director’s property rights under due process include her employment, her argument is not sufficient to overcome the manager’s protection under qualified immunity.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: August 25, 2023, Case #: 4:22cv130, NOS: Employment - Civil Rights, Categories: Civil Rights, Constitution, Employment
J. Flanagan grants the Securities and Exchange Commission its motion to stop multiple corporations from practicing trade after they were accused of fraud. One of the corporations’ representatives was sentenced to two years in prison and agreed to make back payments totaling over $520,000 to the IRS and $160,000 as a civil penalty to the Securities and Exchange Commission. The corporations owe over $200,000 to the commission as well.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: August 22, 2023, Case #: 5:19cv243, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Trade
J. Flanagan grants a municipality, its councilmembers, mayor and board of elections their motion to dismiss violations of the 14th Amendment brought by a group of registered voters. One of the voters, when challenging redistricting over the years, said that the maps had been drawn by “partisan Democrats” who thought that “the people of Jacksonville are simply too racist to elect a non-white councilmember.” The voters have failed to allege any specific and definitive harm done by the municipality and its representatives in redistricting.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: August 22, 2023, Case #: 7:22cv171, NOS: Voting - Civil Rights, Categories: Constitution, Elections, Government