50 results for 'judge:"Reidinger"'.
J. Reidinger grants Walmart’s motion for summary judgment after assault, battery and false arrest claims among others were brought by a customer whom a police officer detained for suspected shoplifting. The officer allegedly grabbed the customer’s arm after he attempted to leave the store, then slammed him against a shopping cart and “smashed” his head on the floor, all while the customer was not resisting. After holding the customer in the store and investigating a suitcase the customer had, the officer and store staff found that the clothes inside were from another store, and he was allowed to leave. Because the officer was not an employee of Walmart, it cannot be sued in this case. The officer’s motion to dismiss the same allegations is partially denied with respect to excessive force, assault and battery.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: December 6, 2023, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: Assault, Police Misconduct
J. Reidinger grants an anonymous man affiliated with the University of North Carolina at Chapel Hill his motion for a preliminary injunction against the university following a sexual misconduct investigation it conducted. Complaints about the man’s alleged involvement in multiple acts of sexual misconduct prompted the investigation, and the man has been suspended from his affiliation with the school. Based on the fact that the man denies having perpetrated any of the actions for which he is accused, and the potential for harm if he is indicated publicly, the university is enjoined from releasing any information regarding the man until litigation has concluded.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 28, 2023, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Injunction
J. Reidinger concurs with a jury that a man who was allegedly beaten by police officers, who also allegedly shot and killed his dog during their arrest of the man, is not liable for battery on one of the officers who counter-sued him. The court also found that the six named law enforcement officers have no obligation to the man for their actions. However, the man was found to be liable to one of the officers for $40,000 in compensatory damages.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv217, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Reidinger grants summary judgment to a law enforcement officer who allegedly pulled over a motorist and twisted his arms behind his back causing injury. The motorist, who alleges the officer violated several state and constitutional laws, was driving to meet someone and turned around after seeing a line of cars stopped in front of him. The line was a seatbelt checkpoint, so an officer tailed the motorist, assuming he was evading the checkpoint. The motorist allegedly did not stop for over three miles, then pulled over and got out of the car. The officer then allegedly twisted the motorist's arms to the point of injury that required medical attention. The motorist's claims of civil rights violations, unreasonable arrest and excessive force all fail because, based on his actions, the officer had probable cause.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
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J. Reidinger grants summary judgment to a group of sheriffs and deputies following a host of allegations including battery, assault and Fourth Amendment violations brought by a man police day assaulted an officer with a firearm. The man, intoxicated, walked out of the woods holding a rifle and his unleashed dog running beside him. The man had shot the gun at some point, but not in the presence of the officers. Multiple officers then proceeded to force the man to the ground and arrested him as he physically resisted them. One officer who was worried about the man’s dog possibly biting someone shot it dead during the arrest. All the actions of the officers the man claims injury about are determined justifiable given the situation, and the officers maintain sovereign immunity in the tort claims’ context. Also, according to state law, the officers’ counterclaims of assault and battery are considered legitimate.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 29, 2023, Case #: 1:21cv217, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Firearms, Assault
J. Reidinger denies the Labor Department’s motion to dismiss allegations of Administrative Procedures Act violations after the department published a final rule on how it sets wage rates for temporary farm workers who are not U.S. citizens. A group of farms argues that the rule has already, and will continue to, hurt them financially by drastically increasing labor costs. They have already shown evidence that this is the case, so their complaint is not dismissed at this stage.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 26, 2023, Case #: 1:23cv96, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Agriculture, Labor
J. Reidinger grants a petroleum carrier company's motion for partial summary judgment following allegations of gross negligence brought by a driver after the company's truck caused a crash. The driver, whose car was hit by another car that was in turn hit by the truck, sustained severe injuries and incurred $230,000 in medical costs. However, even though the truck driver was distracted by a cell phone call in a construction zone, he was not speeding and made his best efforts to stop as soon as possible. Therefore, the car driver cannot proceed on his claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 18, 2023, Case #: 1:21cv158, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Damages, Negligence
J. Reidinger grants the so-called “World’s Largest Tie Store” its motion to dismiss allegations of copyright infringement when one of its ties reportedly featured work by a North Carolina artist used without her permission. The work, entitled “50 Rock Star Scientists Mosaic,” was allegedly copied by the store. However, the court lacks personal jurisdiction because the store, based in Florida, did not purposefully seek to do business in North Carolina, and their sales in North Carolina account for only 0.45% of its total profits since 2014.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 30, 2023, Case #: 1:22cv139, NOS: Copyrights - Property Rights, Categories: Copyright, Jurisdiction, Business Practices
J. Reidinger denies two motorists their motion to remand a suit they brought against another pair of motorists who collided with their car, causing damage and injuries. The pair who caused the crash removed the case from state to federal district court, and the injured party argues the case should be remanded. However, the pair who injured the other correctly maintains that because the parties are from different states and the amount in controversy exceeds $75,000, the case must remain in the federal district court.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 28, 2023, Case #: 1:23cv109, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Vehicle, Jurisdiction
J. Reidinger partially grants an insurance company summary judgment in its suit against a construction firm for breach of bonded contracts and fraud. Third party businesses soliciting work from the construction firm began to complain of unsatisfactory progress, and the insurance company found that the firm was unable to afford to provide its subcontractors for labor, materials and so on.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 18, 2023, Case #: 1:22cv24, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
[Consolidated.] J. Reidinger partially grants a sheriff summary judgment following allegations of malicious prosecution and negligence by a gravestone company owner after the sheriff arrested him three times in four months. The owner was unable to fulfill multiple customer contracts based on cemetery regulations and invariably told customers he would “take care of” whatever problems arose. But he failed to follow through while keeping the money they’d invested. The sheriff had a right to arrest the owner each time based on the charge of obtaining property under false pretenses. However, the sheriff’s surety bond waives governmental immunity as it applies to the bond company and the sheriff himself, so the owner may proceed on negligence claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 17, 2023, Case #: 1:22cv37, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Negligence, Contract
J. Reidinger denies, in part, motions for summary judgment filed by a deputy, sheriff and the sheriff's insurer on a man's malicious prosecution and other claims related to a criminal case against him for his alleged failure to deliver headstones to several customers. Questions of fact remain pertaining to his negligence claim against the sheriff.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: July 14, 2023, Case #: 1:22cv28, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Negligence
J. Reidinger dismisses a politician's defamation action against an internet commentator. She fails to show the comment about her "rap sheet" was untrue, or that the commentator acted with malice pertaining to other comments.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: July 12, 2023, Case #: 1:21cv270, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation
J. Reidinger grants, in part, a mother's motion to proceed anonymously and add her minor child as a party to an ERISA case. The child has reached the age of majority and, therefore, should be added to the case.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: July 5, 2023, Case #: 1:21cv265, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Erisa
J. Reidinger grants, in part, a company's request for the review of a former business partner's application for copyright registration of anti-phishing software in a dispute over ownership of portions of the software's code. Although the case will not be stayed, the company has sufficiently supported its claims regarding inaccuracies in the year of completion and publication date.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: June 12, 2023, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright