236 results for 'court:"USDC Western District of North Carolina"'.
J. Bell grants in part a school board’s motion dismiss the second amended complaint brought by a disabled student’s mother, who says a teacher repeatedly abused the student. The teacher reportedly put her hands over the student’s mouth and nose multiple times to stop him from making noise and physically put him into a trash can because she said that if he acted like trash, she would put him where trash belongs. Because the school’s liability insurance does not cover certain claims such as this, the board retains governmental immunity on the mother’s negligence claim for lack of jurisdiction. However, the allegations on the remaining claims will proceed because there has been no voluntary resolution suggested by either party.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 6, 2023, Case #: 5:20cv192, NOS: Education - Civil Rights, Categories: Civil Rights, Tort, Negligence
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. Cogburn grants a group of legal, mortgage and bank businesses their motion to dismiss breach of contract claims brought by a homebuyer who alleges errors in the property buying process that forced her into bankruptcy. The homebuyer claims that the deed of trust was not filed, that the property she ended up buying was not what she agreed to buy and that the mortgage business set up an escrow account with the bank, which “reversed” her payment to a different account, thus inflating taxes collected. However, she fails to present sufficient evidence of her claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 6, 2023, Case #: 3:23cv179, NOS: Other Contract - Contract, Categories: Real Estate, Banking / Lending, Contract
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J. Cogburn denies a pest management company’s motion to dismiss a pro se complaint by a customer that the company’s staff accidentally sprayed her with insecticide. The customer claims only that the chemicals, which she says were falsely advertised as water-based, got all over her body and face when the spray machine broke, and now she is diagnosed with cancer. She also alleges that the company refuses to provide her with an accident report. However, she has failed to make any federal claims in her complaint and did not properly serve on the company. Despite this, she is allowed 20 days to amend her complaint.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 3:22cv460, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Product Liability
J. Cogburn partially denies the City of Charlotte and several of its police officers their motion to dismiss multiple claims brought by a cell phone and jewelry merchant after officers allegedly assaulted and falsely arrested him. The merchant attempted to get an unknown person to stop blocking the entrance to the parking lot with their vehicle where the merchant’s store is located and got into an argument. Someone called the police, who pushed him against a display case inside of his store then threw him to the ground and pushed his face into the ground repeatedly before arresting him. Although the officers are protected from negligence claims by official public immunity at this stage, all of the merchant’s other claims, including false arrest, excessive force and false imprisonment, can proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 3:23cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Cogburn partially grants a county sheriff’s department and a group of deputies their motion to dismiss a barrage of civil rights claims brought by a couple after their neighbor reported one of them for shooting his gun and saying he was going to kill everyone in the neighborhood. The couple had gone to sleep after the reported incident, but the deputies woke them up and shot into their home 15 times, hitting the alleged gunman twice. However, the department itself is not a suable entity. The deputies are also protected by public official immunity because, while they may have acted negligently in the course of their duties, none of them acted with corruption or malice.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 1:23cv158, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, 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. Whitney partially grants a farming corporation’s motion in limine, particularly as it relates to the corporation’s lack of an OSHA investigation into a former maintenance worker’s loss of a leg while cleaning the inside of a grain bin. Although the corporation failed to initiate an OSHA investigation after the injury, and also instructed the worker’s wife not to contact OSHA, these specific actions cannot be said to have explicitly caused or contributed to the injury since they happened afterward. Related testimony may, therefore, be excluded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 28, 2023, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor
J. Cogburn partially grants a real estate and community developer and his company their petition to stay execution of a final judgment in an arbitration dispute with a mortgage firm. The developer routinely buys historically significant properties to renovate them into apartments and created a business not party to this suit to specifically work with the mortgage firm on his investment in a particular property. During the beginning of the Covid-19 pandemic, the firm sought declaratory judgments against the developer and his company, claiming changeover events that allowed the firm to replace the company as the manager of the property in question. Also, the firm claimed full recourse events so it could seize collateral as well as other assets from the developer, who denies that any changeover or full recourse events occurred. Because the declaratory judgment that a changeover event has occurred is not a monetary judgment, and that of a full recourse judgment is monetary, the motion to stay will be granted in regards to the full recourse event only. In addition, the developer and his company must post a supersedeas bond of over $8 million while he awaits the decision on his appeal to confirm two awards to the mortgage firm. He and his company must also refrain from interfering with the firm’'s replacement of the company as manager for the subject property.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv609, NOS: Arbitration - Other Suits, Categories: Arbitration, Real Estate, Injunction
J. Cogburn grants a joint motion to dismiss by both the U.S. Justice Department and a former employee after the department withheld and redacted information that the employee requested through the Freedom of Information Act. The Office of Information Policy, having received the sufficient information it needed from the employee, will open his administrative appeal of one of the department’s responses to his information requests.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv69, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Employment, Government, Settlements
J. Cogburn grants a casino’s motion to dismiss allegations brought by a former table games dealer who claims the casino discriminated against him based on his veteran status. The Tribal Casino Gaming Enterprise, which is owned by the Eastern Band of Cherokee Indians, contracts with the casino, but the dealer did not join the enterprise to this suit. However, because the enterprise has sovereign status under the band, it cannot be joined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv36, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Family Law, Employment Discrimination
J. Cogburn partially grants summary judgment to a sustainable infrastructure firm following allegations of trade law violations, fraud and breach of contract brought by a shareholder. The firm acquired the shareholder’s Hazmat company and bought 90% of his stock in said company. The company fired the shareholder, then he and the company filed competing suits. This resulted in a settlement agreement in which the shareholder released the firm from any future claims regarding agreements except for continuing violations of two promissory notes the firm made for an as-yet unpaid portion of the stocks purchase. The shareholder fails to show evidence of violations of trade law and fraud, but his claim of breach of contract as related to the promissory notes survives.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: Fraud, Trade, Contract
J. Cogburn partially denies a condominium owners association’s motion for summary judgment following allegations of race discrimination brought by a Black female condo owner. The association also filed counterclaims for breach of contract and a declaratory judgment enforcing fines for the owner’s alleged violations of the agreement between the parties. After the owner was raped in her condo, she had a Ring Peephole Camera installed on the exterior of her door. While serving as vice president of the association's board, the owner was subject to harassment from multiple board members including fines for her camera installation, sexual propositions, and one member saying “You can’t reason with Black women.” Someone also anonymously left a bag of gummies in the shape of male genitalia with the note, “Eat a bag of dicks.” The owner also reports that other white residents in violation of altering their exterior doors were not subject to harassment and complaints. Because there are genuine issues of disputed facts in this case, summary judgment is not awarded. Also, until a jury determines whether the owner was subject to race discrimination, the association’s claims for breach of contract and summary judgment cannot be resolved.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv249, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Contract
J. Rodriguez grants two home renovation companies’ motions to dismiss deceptive trade practices allegations brought by a custom cabinetry firm, claiming a former business development manager stole information to directly compete with the firm. The firm was unable to provide sufficient evidence that the manager absconded with specific information that would compromise the firm's business and give an advantage to the one company which hired her after she left the firm. Deception cannot be established because general information such as what the manager remembered about working at the firm, and customers' observation of how cabinets are installed in their homes for example, are not enough to support a claim of misappropriation of trade secrets under state or federal law.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: November 21, 2023, Case #: 3:23cv186, NOS: Trademark - Property Rights, Categories: Trade Secrets, Tort, Contract
J. Whitney dismisses an employee’s ADA discrimination claims against his former employer, an industrial compressed air and fluid processing firm. The employee, whom the firm was aware suffered from kidney failure, has not presented sufficient evidence that the firm fired him after he left early one day after vomiting.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 20, 2023, Case #: 3:23cv472, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
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
J. Mullen grants an office supplies merchant's motion for summary judgment following allegations of copyright infringement brought by a competitor. The competitor claims that the merchant's "One Hip Chick" floral pattern, for instance, is so similar as to copy the competitor's design. However, it is clear that there are no substantial similarities between any of the designs presented, so the competitor's claims fail.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: November 16, 2023, Case #: 3:21cv633, NOS: Copyrights - Property Rights, Categories: Copyright, Trade, Business Practices
J. Mullen grants Mercedes-Benz Financial Services' default judgment on its counterclaims against a car buyer for failure to make payment on a car he purchased, claiming a case of identity theft. The police report the buyer presented regarding his identity was found to be fraudulent, and it has been established that he did in fact sign a contract to purchase the vehicle and never made a payment. Mercedes-Benz repossessed the car and now the buyer owes it over $27,000 in car payments and legal fees.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: November 16, 2023, Case #: 3:22cv345, NOS: Consumer Credit - Other Suits, Categories: Fraud, Attorney Fees, Contract
J. Bell grants a local Catholic diocese's motion to dismiss allegations of Hate Crime Act violations brought by an applicant to a lector position, which involves reading scriptures to the public. The applicant claims the diocese discriminated against him based on his diagnoses of bipolar disorder and the post-traumatic stress disorder he developed from fighting in the Vietnam War. However, because this is a criminal complaint, it cannot be settled in civil court, nor would the court be able to intervene in the decisions of the diocese based on the First Amendment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 15, 2023, Case #: 3:23cv365, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, First Amendment
J. Bell partially denies a cybersecurity firm’s motion to dismiss a power tool manufacturer’s amended complaint in this alleged fraud case. The manufacturer sufficiently alleges that the firm had no intention of complying with the service agreement at the time of signing because the firm knew it could not perform some of the work required, specifically with Google Chronicle, a cloud service that would allow the manufacturer to assess security threats and alerts. This satisfies the fraud, unfair trade practices and unjust enrichment claims brought by the manufacturer. However, its negligence claims fail because the firm did not cause it to incur any economic losses.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 13, 2023, Case #: 3:23cv236, NOS: Other Contract - Contract, Categories: Fraud, Trade, Negligence
J. Bell partially grants a consumer’s motion to stay his case against an insurance company, specifically to pause proceedings into early 2024 so that discovery can be completed. However, the consumer is denied a stay of unspecified length based on an unresolved underlying state court case as the company is not party to it. Also, for its part, the company also never took the opportunity to depose the consumer’s expert witnesses even though it had knowledge of them, which is another reason for the pause in proceedings.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 8, 2023, Case #: 5:22cv73, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Conrad orders one mortgage company to identify all devices that another lender gave to employees of the mortgage company when they previously worked for the lender. This is because the lender accuses said employees of violations of restrictive covenants, misappropriation of trade secrets and unfair competition when they began working for the company. The company denies any wrongdoing and argues the lender has no right to inspect the devices, nor to continue soliciting the employees for them. However, the order stipulates the company must present the devices for inspection to continue litigation.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: November 3, 2023, Case #: 2:23cv633, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Unfair Competition, Contract
J. Whitney denies an accounting firm’s motion to dismiss multiple claims including breach of contract, breach of fiduciary duty and conversion brought by an investor. The firm and the investor each provided $450,000 to an attorney’s trust account after both parties agreed to jointly purchase two FedEx businesses. However, the firm failed to transfer the stock from one of the businesses to the investor as agreed. Because the owner of the firm conducts business in North Carolina, her claim of a lack of personal jurisdiction fails at this stage. The investor also shows sufficient, if minimal, evidence of his allegations, while the owner’s argument of failure to state a claim is unsuccessful.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 2, 2023, Case #: 3:23cv306, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fiduciary Duty, Conversion, Contract