236 results for 'court:"USDC Western District of North Carolina"'.
J. Whitney partially grants a shoe manufacturer’s motion to dismiss allegations of breach of contract, bad faith and fraud brought by a competitor. This ruling takes into consideration prior litigation, specifically a protective order, which the manufacturer now accuses the competitor of breaching. However, neither this claim, nor the bad faith and fraud allegations, are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 16, 2024, Case #: 3:23cv167, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Contract
J. Reidinger denies a group of white Asheville residents’ motion for class certification after it claimed Asheville’s city government discriminated against its members on the basis of race. The group, challenging a city HR policy which had specific demographic quotas for its volunteer-based commission, claimed that because the policy required certain numbers of people of color to be appointed, the city was discriminating against its members as white people. Of 46 white people in the class, 16 of them were appointed by the city, leaving 30 not appointed, but the class does not provide any evidence as to why those 30 were not appointed. Also, the city changed the policy a year prior, still encouraging marginalized people’s participation in the commission but removing any specific quotas, in effect negating the reason for the group’s complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 16, 2024, Case #: 1:23cv259, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Class Action
J. Mullen grants an initial review of a former hotel worker’s allegations that a hotel refused to rehire him due to his age and because he had previously complained about being subject to racism. The hotel laid off the worker, a Black man who had filed an EEOC complaint in the past, during the Covid-19 pandemic and then would not rehire him while it rehired younger staff members. The worker’s claims have been found not to be frivolous, so he may proceed.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: January 16, 2024, Case #: 3:23cv843, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Reidinger grants in part a vehicle manufacturer’s motion for summary judgment following allegations of negligence brought by a passenger after he was paralyzed from the waist down when the car crashed into a creek. The passenger argues that the manufacturer’s claim of contributory negligence, based on his and the driver’s intoxication, isn’t a defense because the car’s defects injured him more severally than he would’ve been otherwise. Because it can’t be determined under contributory negligence whether the passenger knew or should have known that the driver was drunk, the manufacturer fails to show that there is no genuine issue in terms of material fact.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 12, 2024, Case #: 1:23cv112, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
J. Cogburn grants Amazon’s motion for summary judgment following allegations of gender and disability discrimination and retaliation brought by a former associate after she sustained an injury at work. The associate hit her head on a video monitor and got treatment from Amazon’s medical staff in the form of over-the-counter medicine and ice. Although the staff and two other medical professionals approved the associate to return to work, she claimed she had a note from her own doctor stating she could not, although she never produced said note. Despite Amazon warning her they would fire her if she continued to no-call no-show, she continued to not come in for work for at least four days. She fails to present sufficient evidence of either discrimination or retaliation, and Amazon’s firing was legitimate because she violated the attendance policy.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 12, 2024, Case #: 3:21cv627, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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J. Cogburn grants a mortgage company’s motion to remand this foreclosure case because the homeowner did not file a notice of removal until nearly four months after she was required to do so. Additionally, because all parties reside or are based in North Carolina, diversity jurisdiction cannot be invoked, so the case must return to state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 12, 2024, Case #: 3:23cv373, NOS: Foreclosure - Real Property, Categories: Jurisdiction, Banking / Lending, Foreclosure
J. Whitney grants Experian and TransUnion their motion for judgment on the pleadings after a consumer sued them for alleged fair credit reporting law violations and then did not respond to their motion. The original motion by the credit agencies was for dismissal, which is granted here because the consumer’s factual allegations are not sufficient for a claim under fair credit reporting laws. Also, the consumer has a history of not complying with court orders and has sued the agencies before, intentionally dragging her feet during litigation. The complaint is dismissed and the case closed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 11, 2024, Case #: 3:23cv388, NOS: Consumer Credit - Other Suits, Categories: Commerce, Consumer Law
J. Reidinger grants an insurance company’s motion for summary judgment after a bridge construction corporation counter-sued it for breach of contract. The insurer issued bonds to cover a number of the corporation’s construction projects, and the two parties entered into an indemnity agreement. A year later, the insurance company received claims against the bonds for breach of contract. The corporation admitted it could not complete the contracts and needed a $1.5 million advance. The company agreed under certain conditions, but the corporation never agreed to those, and the company never disbursed the money. The corporation argues that the company was obligated to pay it the full $1.5 million, but the company’s conditions were already part of the indemnity agreement, so this argument fails.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 10, 2024, Case #: 1:22cv24, NOS: Other Contract - Contract, Categories: Construction, Insurance, Contract
J. Whitney dismisses the amended complaint of a mother claiming that a host of her constitutional rights have been violated by a county human services organization, a local housing authority and multiple of their individual employees. She says she was deprived her suitable housing, forced to carry out a birth that injured her and her child, and that her parental rights were improperly terminated. However, she seeks to sue people and organizations that have governmental immunity. Also, because her amendment has not changed from the original complaint, and because it is considered frivolous, it is dismissed with prejudice.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 10, 2024, Case #: 3:23cv762, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Government
J. Cogburn denies a home security company’s motions to alter judgment and for a new trial following a jury’s decision to award its competitor $49.7 million in damages. The losing company misled customers by saying it was affiliated with its competitor and would be taking over the latter’s customer accounts, upgrade its equipment and so on, to gain the customers’ business at competitor’s loss. The firm that lost argues that the awards are inflated and based on inflammatory evidence. However, the evidence presented is not exaggerated and is properly used to discourage the very behavior in which the company engaged.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 8, 2024, Case #: 3:20cv504, NOS: Trademark - Property Rights, Categories: Tort, Trademark, Unfair Competition
J. Bell grants a county’s superior court administration its motion to dismiss allegations of a breach of contract brought by a man who claims certain staff members received payment for his purchase of a court transcript but falsified it beforehand. The administration department itself is not an independent legal entity, and it is an agency of the state, which cannot be sued in federal court. Therefore, personal and subject matter jurisdiction are lacking.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 8, 2024, Case #: 3:23cv514, NOS: Other Contract - Contract, Categories: Government, Jurisdiction, Contract
J. Conrad grants a mortgage company’s renewed motion for preliminary injunction and request for finding of contempt against a similar lender in this ongoing trade secrets and unfair competition suit. The company’s first injunction was granted on Nov. 3, 2023, but the company presents convincing evidence that certain staff members of the lender continued to recruit the company’s workers to itself during litigation and after the injunction date. The company also offers sufficient evidence that the lender stole its confidential information in order to compete directly with it as well as to steal clients.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: January 4, 2024, Case #: 3:23cv633, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Contempt, Trade Secrets, Unfair Competition
J. Mullen grants a father’s motion for preliminary injunction in this international child abduction case against the mother of the child in question. The child, born in Ukraine, lived mostly in Germany until the mother unlawfully brought the child to the U.S. The father is likely to succeed on the merits of his claim and he is likely to suffer irreparable harm without an injunction. The mother is ordered not to leave North Carolina with the child, else she will be considered in contempt of court.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: January 2, 2024, Case #: 3:23cv878, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Bell grants U.S. Citizen and Immigration Services (USCIS) its motion for summary judgment following an appeal of its decision to deny an engineering firm’s petition on behalf of one of its staff for nonimmigrant work status. The firm transferred the staff member, a Canadian mechanical engineer, to the U.S. for a particular job position. Her petition to be allowed to work as a nonimmigrant in the U.S. was approved at the U.S.-Canada border, not as per usual with USCIS, as Canadians are permitted to do this. However, when the firm applied for an extension after the year ended, USCIS denied the application as it determined the tasks assigned the staff member did not require special skills or training, so the position could be filled by a U.S. citizen. As USCIS's decision was not arbitrary, capricious, nor an abuse of its powers, its determination stands.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 27, 2023, Case #: 5:23cv75, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
J. Whitney denies a nails business’s motion to stay litigation following allegations of patent infringement brought by a pedicure spa chair company. The company claims the nails business contributed to patent infringement when it purchased a particular chair model from a third party in Texas, which it sued five months previous to the current suit for similar reasons. The nails business agreed to be bound by the final outcome of the Texas case, not “any outcome,” as it argues here. Because the Texas case has not resolved and to the similarity of the cases, it is inappropriate to grant a stay.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:23cv533, NOS: Patent - Property Rights, Categories: Corporations, Patent, Business Practices
J. Whitney denies a health care system’s motion to dismiss medical malpractice claims brought by a patient and his wife after a nurse administered a medication that caused the patient to suffer a second stroke. The patient and his wife’s amended complaint does satisfy federal rules, so the system is denied its motion. Also, the system is only partially entitled to summary judgment. While it correctly asserts that it was in no way responsible for the treatment given the patient, questions as to the patient’s negligent hiring and supervision claim and his wife’s loss of consortium claim still stand due to remaining disputes of material facts.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:22cv317, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Negligence, Medical Malpractice
J. Cogburn orders multiple claim constructions in a patent infringement suit brought by a secure payments provider against a similar company. The provider claims that the company is illegally using particular patented technologies in its telephone processing system used to take customer payments without exposing the customers’ financial information to call center staff. The order outlines disputed terms and the suit is referred to a magistrate judge.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 19, 2023, Case #: 3:21cv486, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Cogburn denies a pool product manufacturer’s motion in limine to exclude expert testimony following allegations of trademark infringement brought by a similar company. Essentially, the company claims that the manufacturer uses the company’s name to advertise its own products, which are compatible with the company’s, to make more sales. The manufacturer argues the company’s expert testimony is unreliable, but this is more to do with the manufacturer’s opinion on the testimony than its admissibility.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 19, 2023, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Trademark, Experts
J. Cogburn denies the North Carolina Department of Transportation’s motion to dismiss allegations of gender and pregnancy discrimination after two other staff members walked in on her while she was pumping her breasts for milk. The employee asked for accommodation to pump on the job, which the department granted, but despite signage, two staff separately walked in on her and didn’t leave until she directed multiple times for them to leave the room. Another staff joked that one who had walked in on her looked like “a deer in the headlights” upon seeing her pumping. The employee also found a camera installed in one of the rooms the department had designated for her to pump. The department claims the employee doesn’t have enough evidence to claim discrimination, but at this stage, she has produced sufficient evidence to state her claim.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 19, 2023, Case #: 3:23cv634, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Bell rules in favor of a glue manufacturer that sued a group of companies responsible for transporting and treating its wastewater, the disposal of which cost more than $7 million because the sued companies failed to properly deal with it. The manufacturer contracted with companies to treat and dispose of several thousand 275-gallon totes of the wastewater, but one of the companies did not do so and stored the totes on another’s property. The problem was left to fester until state and federal environmental authorities intervened and tested the water, which was found to contain toxic chemicals. The manufacturer had led all parties to believe the water was non-toxic, and thus, bears the burden of paying most of the $7 million needed by the EPA to dispose of the water properly. The companies in question and associated individuals have also expressed their inability to pay large costs and will be responsible to pay a total of over $576,000 toward the EPA’s balance.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 15, 2023, Case #: 5:21cv69, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Contract
J. Conrad grants a host of judges, courts and the federal government, among others, their motion to dismiss claims of a conspiracy against a man involving the Eastern District of Tennessee’s Electronic Case Filing system. The man failed to timely respond to the motion to dismiss and his claims lack any basis. Further, the man has a considerable record of making frivolous complaints and will therefore be subject to a pre-filing review system to prevent continued abuse and harassment of the court should he choose to bring future actions.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: December 15, 2023, Case #: 3:23cv423, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Communications, Government, Damages
J. Whitney partially denies a health care system’s motion for summary judgment after a former registered nurse brought allegations of disability discrimination. The nurse, who worked in hospice, had rotator cuff surgery and thus requested accommodation as she was required to lift and turn patients, which she could not do on doctor’s orders. The system received her request but did not provide accommodation, then fired her for abandoning her job when she did not show up for shifts requiring lifting and turning patients. The system’s motion is denied as to the nurse’s claims of ADA discrimination and failure to accommodate because there is still conflicting information between the parties regarding the claims.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:22cv662, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Whitney denies a hauling and transportation service’s motion to dismiss allegations of violations of a federal workers’ protection law brought by a class of employees after the service laid them off then fired them. The class claims that by laying its members off then firing them, the service unfairly prohibited their access to wages, accrued paid time off, pension contributions, ERISA benefits and potential medical expenses for 60 days. The class has shown sufficient evidence for its claim.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:23cv498, NOS: Other Labor Litigation - Labor, Categories: Erisa, Class Action, Labor
J. Bell grants a trophy manufacturer’s motion to dismiss allegations of fraud brought by a company that designs and contracts awards for organizations such as the Golden Globes. The company incorrectly argues that because the Illinois-based manufacturer has had three North Carolina customers, it should be subject to general personal jurisdiction. This is not enough to constitute a systematic campaign to do business in North Carolina. The company’s argument of specific personal jurisdiction also fails because the manufacturer has never targeted potential customers from North Carolina with its online content.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 11, 2023, Case #: 3:23cv351, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Jurisdiction
J. Bell denies a homebuyer’s motion for summary judgment against a real estate law firm and Bank of America after they foreclosed on her property. Initially, the homebuyer sued the firm and bank, alleging fraud, deceptive trading practices and breach of contract among others, then filed the current motion. However, the initial litigation has not yet resolved, and, therefore, the motion for summary judgment is premature.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 7, 2023, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, Foreclosure
J. Bell partially denies a commercial hauling firm’s motion to dismiss sexual harassment and retaliation allegations brought by one of its former drivers. The driver, a woman, claims that a male coworker intentionally walked in front of her on the firm’s property in only underwear and penny loafers. After she reported the incident to her supervisors, she alleges that they systematically began to target her by writing up frivolous infractions, which they used to fire her. The driver’s harassment claim is not covered under state retaliatory protection law, but her retaliation claim is and can proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 7, 2023, Case #: 3:23cv322, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation