104 results for 'court:"USDC Middle District of North Carolina"'.
J. Osteen denies an employment screening service’s motion for summary judgment following one claim of willful violation of the Fair Credit Reporting Act brought by an apartment leasing agent applicant. Another applicant with the same first and last names and the same birthday happened to have a criminal record. The service attached this record to the first applicant’s file and consequently, the apartment leasing company did not hire him. Because there is a dispute of material fact as to whether the service followed its own policy in fact checking the criminal background checks it outsources to a different company, whether the service acted willfully or not cannot yet be determined.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 29, 2023, Case #: 1:19cv1077, NOS: Consumer Credit - Other Suits, Categories: Employment, Consumer Law, Negligence
J. Biggs grants in part a class of workers at three group homes serving children and adults with emotional and developmental health issues its request for class certification in this FLSA suit. The class claims that its employer failed to pay for time in staff meetings, training, minimum wages for all hours worked and overtime wages. Although its claims of violations of state wage laws are preempted by the FLSA, all other claims survive. Also, the class has shown that all members experienced similar violations by the employer, so certification is granted.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: September 29, 2023, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Osteen partially denies a county school board’s motion to dismiss a host of alleged ADA, Rehabilitation Act and state law violations brought by two students, who are sisters, and their mother. The family claims the sisters were often targeted and bullied because one of them was diagnosed with Asperger’s syndrome. The bullying often included physical attacks from other students, including the principal’s daughter, such as hitting them in the head with balls in gym class and at one point knocking one of them to the floor, causing concussion and neck injuries requiring medical treatment. Despite their mother’s attempt to intervene multiple times, the behavior continued. Although the state and individual claims against the principal and several teachers are dismissed under sovereign immunity, the school’s apparent “deliberate indifference” to how the two students were treated by others constitutes federal law violations.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 29, 2023, Case #: 1:22cv12, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Tort
J. Osteen dismisses the remaining claims, for lack of subject matter jurisdiction, brought by a former employee who says he was cheated out of his pension after his employer merged with another, larger firm. The entities the retiree sues are not proper parties to his ERISA claims.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 28, 2023, Case #: 1:21cv274, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Pensions, Jurisdiction
J. Schroeder grants in part a women’s intercollegiate lacrosse coaches organization’s motion for summary judgment against an event management company for trademark infringement. The company began using the organization’s logos and applied for trademarks for them when the parties disagreed on whether their 2020 tournament series should be cancelled due to the Covid-19 pandemic. The organization officially cancelled the series, but the company advertised that it would still be held. The company’s use of the logos evidences its violation of trademark law, and its refusal to cancel the series constitutes tortious interference with the parties’ contract as well as unfair trade practices.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 26, 2023, Case #: 1:20cv425, NOS: Other Contract - Contract, Categories: Trademark, Unfair Competition, Interference With Contract
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J. Osteen grants an insurance firm’s motion to dismiss a hospital’s allegations of bad faith after the firm refused to cover wind and hail damage sustained by two buildings. Following the hospital’s insurance claim, an investigator concluded that further inspection of the site was necessary to conclude what was the cause of the damage. Although the hospital construes this as a bad faith action, the need for further inspection does not constitute malice or intentional injury as is required for the claim.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 22, 2023, Case #: 1:22cv849, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Eagles finds in favor of a nonprofit community development firm in the employee's complaint alleging gender discrimination. While the employee did establish she was part of a protected class under Title VII, she fails to meet any other criteria in her claim. The employee had been disciplined for negligence of her duties multiple times and was warned during a performance review that her supervisor was considering firing her. Choosing to resign when facing termination based on poor performance is not a constructive discharge.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: September 14, 2023, Case #: 1:21cv814, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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
J. Schroeder grants a commercial shipping firm its motion to transfer a suit against it after one of it drivers allegedly crashed into a motorist’s car, causing significant damage including claims of over $106,000 in medical expenses. Also, the motorist’s motion to remand this case is denied because she and her counsel previously had not objected to the suit’s removal to federal court. As she originally filed suit in the wrong county, the firm’s motion to transfer to the Western District of North Carolina is approved because the motorist lives there and the collision happened there.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 9, 2023, Case #: 1:23cv382, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Vehicle, Jurisdiction
J. Biggs partially grants a health care system’s motion to dismiss allegations of age discrimination brought by a former system director of supply chain management after he claims he was passed up for promotions in favor of younger candidates. He also claims he was demoted at one point, then applied for his old position and was replaced. However, because the director did not file his discrimination claim with the EEOC within 180 days of it happening, the claim is time-barred. The director also argues equitable estoppel, meaning the system purposely caused him to miss a filing deadline because it withdrew the posting of his previous job prematurely, thereby violating the Age Discrimination in Employment Act. But, the director presents no evidence that the system removed the posting to deliberately or intentionally to prevent him from applying.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: September 8, 2023, Case #: 1:22cv847, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Schroeder denies a car parts company its motion to dismiss allegations of Clean Air Act violations brought by the federal government. The government claims that the company sells aftermarket devices that foil the environmental standards of the vehicle inspection process. Although the company argues it sells the devices strictly to stock car drivers, rendering those cars no longer “motor vehicles,” any factual issues cannot be decided at this point, and the government has made a plausible argument.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: August 29, 2023, Case #: 1:22cv495, NOS: Environmental Matters - Other Suits, Categories: Environment, Vehicle
J. Osteen denies a former investment management specialist her motion to amend her complaint against Wells Fargo for alleged race, gender and age discrimination. The specialist, a Black woman who was 62 years old at the time, claims that after she complained of discrimination to Wells Fargo’s CEO, she was not chosen for a promotion even though she was qualified. She noted that every other employee already in this position was white and younger than her. She did not have to establish specific incidents of discrimination in her original complaint, but her amendment fails to add any precise details about her claims.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 25, 2023, Case #: 1:22cv51, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Eagles denies in part a hospital system’s motion to dismiss allegations of breach of implied contract brought by a class of patients. Because the class members accepted the implied offer of privacy when each one used the system’s online services, the breach occurred when the system disclosed the members’ private medical information to Meta Platforms, owner of Facebook and Instagram, without their consent. The system also owed the class a fiduciary duty which it violated by disclosing said data.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: August 24, 2023, Case #: 1:22cv697, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Class Action, Contract
J. Osteen partially denies a group of food manufacturers and retailers its renewed motion for class certification in a suit against a coupon processing service business. The manufacturers allege the business overcharged them in shipping fees, but discovery revealed that one-third of them were uninjured, so they will not be certified. However, the group of retailers will be certified, as more than two-thirds of them were injured.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 23, 2023, Case #: 1:19cv141, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. Osteen grants a group of tenants final approval of a class settlement against a property owning firm after the firm allegedly illegally charged the group with eviction-related fees. The parties came to a settlement agreement providing monetary relief of over $800,000 to the group, and no tenants opted out of the settlement classes when given an option. The firm did not oppose the group’s motion.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 16, 2023, Case #: 1:20cv1049, NOS: Other Contract - Contract, Categories: Landlord Tenant, Settlements, Class Action
J. Osteen partially denies a municipality’s motion for summary judgment on an excessive force claim and assault and battery claim against a particular police officer, one of several who pulled a Black female driver over and arrested her. Although the driver alleges officers racially profiled her, she fails to state a claim. However, based on her testimony and footage from the officers’ body cameras, her claims against one officer stand because he pulled his firearm on her when she showed no threat to the officers and held her hands up. He then pulled her out of the car by her arm and hair and dragged her to the ground, eventually handcuffing her even though she had been given about 10 seconds to comply with the officer’s orders.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 14, 2023, Case #: 1:21cv322, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Assault, Police Misconduct
J. Osteen denies a life insurance company’s motion for summary judgment following allegations that it violated ERISA when it denied a dental analyst for Blue Cross Blue Shield her long-term disability benefits. Although she had been receiving these benefits for nearly 20 years due to a debilitating disease, one of the insurance company’s agents observed the analyst and found that she could walk and perform other daily activities in a “normal” manner. Therefore, the company cut off her benefits, but it made the decision without full evidence of the analyst’s disability. The benefits claim is therefore remanded to the company for further review.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 14, 2023, Case #: 1:22cv186, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Biggs denies, in part, the Secretary of the Department of Veterans Affairs' motion to dismiss a former worker's disability discrimination and retaliation claims. The government fails to cite any rule of procedure it relies upon in its motion to dismiss.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: August 7, 2023, Case #: 1:22CV317, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination, Employment Retaliation
J. Osteen denies, in part, a medical center's motion for summary judgment on an employee's discrimination and retaliation claims. She has presented sufficient evidence to support her claims for hostile work environment and retaliation.
Court: USDC Middle District of North Carolina, Judge: Osteen , Filed On: July 31, 2023, Case #: 1:21cv698, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Osteen grants, in part, a blind individual's motion for summary judgment on her Americans with Disabilities Action against a plasma donor bank. The individual is entitled to a declaratory judgment that the facility violated the ADA when it refused to allow her to access the donor floor with her service dog, and she is entitled to an injunction allowing her to be assisted by her animal when she donates plasma.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: July 31, 2023, Case #: 1:21cv953, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Injunction