187 results for 'court:"USDC Eastern District of North Carolina"'.
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 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 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. Dever partially grants a health care system's motion to dismiss race and age discrimination allegations brought by a former employee, who was a Black woman over 40 years old. The employee complained throughout her time working for the system of race discrimination. The system allegedly passed her over for a new position after they originally demoted her, then fired her. She argues the system didn't rehire her because of her demographics and filed a complaint with the EEOC for retaliation and age, race and color discrimination. However, her claims are time-barred because the system fired her longer than 180 days before she filed the EEOC complaint.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: September 1, 2023, Case #: 5:22cv363, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Dever partly dismisses a citizen's complaint that his freedom of speech was violated by the chair-at-large of a county health and human services department after he was physically removed from several public hearings for not wearing a face mask. The chair-at-large allegedly ordered a number of sheriffs at the public hearings to remove the citizen as the chair was adamantly pro-mask in regards to Covid-19 safety protocols. However, the citizen argues that she prevented him from speaking altogether by using his choice to remain unmasked as an excuse to bar him from participating. His argument that the sheriff arrested him "to make an example of him" is not sufficient concerning his forcible removal from one meeting, thus it is dismissed. However, he plausibly argues that the chair violated his right to free speech, and he is given leave to file an amended complaint.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 31, 2023, Case #: 7:22cv179, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Covid-19, First Amendment
J. Dever approves a stipulated protective order between a former employee of a nicotine vape products company following race, gender and age discrimination allegations brought by the employee, who is a Black woman over 50. The order is approved to expedite the discovery process.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 31, 2023, Case #: 5:22cv121, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Dever grants a police officer, his department and the employing municipality their motion for summary judgment following allegations including assault, battery and negligence brought by a man suspected of domestic violence. The officer arrived at the scene and attempted to speak with the woman who had made the call, but the man refused to return to the apartment out of which both had walked. The officer then arrested the man and walked him to his SUV but did not put the man inside because he had a police dog in the back. The man began to walk away, at which point the officer pulled him back toward the SUV. Next, the officer says he accidentally put his elbow through the back windshield trying to pull the man back, while the man claims the officer forcibly put his head through the back windshield. But the officer’s bodycam footage shows that his elbow was bleeding and that the man had no cuts on his head or face. Later, the man is shown on police station footage voluntarily banging his head off a door twice, which is how he sustained a concussion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 30, 2023, Case #: 4:21cv44, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Emotional Distress, Assault
J. Boyle partially denies a municipality and its police chief their motion for summary judgment after a former sergeant filed multiple allegations including hostile work environment. When the sergeant, a woman, was still an officer, a fellow male officer allegedly flirted with her and insinuated he was her “gigolo” verbally and via text. She began to notice stuffed animals on her desk being arranged in lewd positions. After she confronted her coworker about it, the animals began to appear in murderous scenes with stuffing pulled out and “a red substance was applied to look like blood.” Her claims demonstrate a hostile work environment under Title VII.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: August 25, 2023, Case #: 4:21cv31, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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. Dever partially denies a cricket organization its motion to dismiss a breach of contract brought by a landowner after the parties disagreed about the true date of sale of 70 acres. The sports organization claims it had 30 days from the time it made the last of three extensions of sale to close the deal. However, the landowner argues the organization's signing was not timely and therefore violated the agreement, so he cancelled the sale. While the landowner plausibly argues that the organization was not communicative enough to establish its desire to buy the property and, thus, the timeliness of fulfilling its end of the agreement, he cannot establish deceptive trade practices solely based on a breach of contract.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 24, 2023, Case #: 5:23cv110, NOS: Other Contract - Contract, Categories: Property, Trade, Contract
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
J. Dever grants summary judgment to a hog farm following allegations of negligence and trespass brought by residents living in close proximity to the farm. The residents claim the farm allowed hog feces, urine, dust and other contaminants to land on their properties and putrefy their air. However, they fail to show sufficient evidence that these substances came solely from the hog farm.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 16, 2023, Case #: 7:20cv85, NOS: Torts to Land - Real Property, Categories: Property, Tort, Negligence
J. Jones grants, in part, an employee's motion to compel in her race, sex and age discrimination action. The record indicates defense counsel found additional documents that have not yet been submitted.
Court: USDC Eastern District of North Carolina, Judge: Jones, Filed On: August 1, 2023, Case #: 5:21CV225, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination
J. Dever denies, in part, an individual's motion to dismiss an investment company's claims related the individual's alleged misappropriation of funds from its virtual wallet. The company sufficiently pleads its claims for conspiracy and conversion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 25, 2023, Case #: 5:22CV503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Conversion
J. Dever remands to the North Carolina Division of Motor Vehicles a case filed by 46 Ford dealers against Ford Motor Co. pertaining to the company's Model e Program, a voluntary program that allows dealers to invest in Ford's manufacture of more electronic vehicles the dealers say violates state licensing laws. The dealers' petition, filed with the commissioner, was not a civil action subject to removal, and state interests outweigh federal interests.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 18, 2023, Case #: 5:23CV167, NOS: Other Contract - Contract, Categories: Administrative Law, Licensing, Vehicle
J. Boyle finds for those who were injured in certain terrorist attacks that occurred between 2015 and 2017, along with their family members and the families of those killed. They have shown Syria provided support for the attacks and, therefore, is liable for damages.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: June 28, 2023, Case #: 5:20cv230, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, Damages
J. Jones grants, in part, Butterball's motion for a protective order in a labor action. The worker's phase 1 broad discovery requests will be limited to only information regarding himself and the one opt-in plaintiff.
Court: USDC Eastern District of North Carolina, Judge: Jones, Filed On: June 21, 2023, Case #: 5:20CV585, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Discovery, Labor
J. Flanagan denies, in part, a motor club's motion to dismiss a worker's disability discrimination and wrongful discharge action. The worker exhausted his administrative remedies, and sufficiently pleaded his claims for failure to accommodate his request for time off under the Americans with Disabilities Act and wrongful discharge under state law.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: June 13, 2023, Case #: 5:22CV466, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination