236 results for 'court:"USDC Western District of North Carolina"'.
J. Reidinger grants a woman’s motion to proceed in forma pauperis in this race discrimination lawsuit she brought against over 60 individuals and companies, including Pfizer, Tyson Foods and Planet Fitness. She is allowed 30 days to amend her complaint again as directed, but if she fails to do so, it will be dismissed.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: May 15, 2024, Case #: 3:24cv396, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Whitney partially grants an insurance company and a sheriff their motions for summary judgment following gender discrimination and retaliation allegations brought by a former staff member at the sheriff’s office. In her opposition to the company’s and sheriff’s motions, the staff member makes no mention of the company nor her retaliation claim, apparently abandoning them both. As to these claims, summary judgment is granted. However, as to her gender discrimination claim against the sheriff, there are still genuine issues of fact, so summary judgment is denied.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: May 15, 2024, Case #: 3:23cv246, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Cogburn denies a municipality and four of its police investigators their motion to dismiss allegations of 14th Amendment rights violations and tort claims brought by a nursing home aid illegally accused of abuse and sexual assault on a resident. The aid had previously been incarcerated for five years after the officers wrongfully framed him for crimes he did not commit, as was discovered at an evidentiary hearing. The judge immediately released him upon finding him innocent. Evidence shows that the police investigators systematically manipulated and harassed the aid into a false confession, and their arguments to the contrary are insufficient.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv624, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Malicious Prosecution, Police Misconduct
J. Cogburn denies two industrial heat transfer systems vendors’ motions to exclude expert testimonies in this second suit over trade secrets and patent law. The first vendor previously sued the second and both came to a settlement agreement, which the first now accuses the second of violating. Presently, although each party essentially argues that the other’s witness presents insufficient or misleading evidence, this is not true and both witnesses will be allowed to proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:21cv302, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Experts, Racketeering
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J. Cogburn grants a school district’s motion to dismiss civil rights violations allegations brought against it by a student’s parents, who proceed pro se. According to federal civil procedure, the parents of a minor must name the child as the party of interest even if they are proceeding on the minor’s behalf. The parents in this case have failed to do so. Also, parents may not proceed pro se in federal court. However, the parents’ complaint is dismissed without prejudice.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:24cv7, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Cogburn grants a collections firm’s motion for judgment on the pleadings following consumer law violation allegations brought by a dental client. The client argues she communicated that she refused to pay a debt assigned to her for dental work and that under the Fair Debt Collection Practices Act, the firm is no longer allowed to communicate with her. However, there are exceptions to the law including, in this case, providing the client with validation of the debt, which she claimed not to have in her possession.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:24cv38, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Cogburn grants a health insurance marketplace’s motion to dismiss race discrimination allegations brought by a senior benefits advisor after her supervisor used the N-word during a meeting. The adviser, a Black woman, reported the incident to a higher-up and confronted her supervisor directly to no avail. She argues that equitable tolling should apply to her time-barred filing of her revised complaint because the marketplace agreed to mediation, so she voluntarily withdrew her initial complaint. However, the marketplace agreed to arbitration, not mediation, and regardless this should not have had any influence on the advisor’s decision to withdraw the initial complaint. Equitable tolling will not be applied.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv791, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Whitney grants Discover Bank’s motion for remand to the lower court after its customer, who owes over $12,000 on a Discover credit card, removed this suit to federal court. The customer removed the suit nearly a year after litigation against him began, not within the 30-day deadline. Also, the customer’s claim that his right to relief hinges on a significant question of federal law is insufficient because he has failed to show that the question necessarily applies to Discover’s breach of contract allegation.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: May 14, 2024, Case #: 3:23cv767, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Bell grants a group of medical product makers’ partial motion to dismiss product liability allegations after a spinal surgery patient developed tuberculosis following her operation. The patient claims that the group’s sale of “FiberCel” to the hospital where she had her surgery done is not covered under the North Carolina Blood and Tissue Shield Statute. She incorrectly argues the group’s sale of FiberCel, as a processed-tissue product, is not covered under the statute because it is not specifically blood, a blood product or human tissue, but a “tissue-based product.” Although FiberCel was recalled two months after the patient’s surgery for also resulting in tuberculosis in other patients, the product is shielded by the statute because its language includes any person or institution involved in the “processing” of human tissue.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: May 3, 2024, Case #: 5:21cv172, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Government, Health Care, Product Liability
J. Reidinger dismisses an incarcerated man’s complaint that the wires holding his rib cage together following triple bypass surgery broke and are causing him pain. The surgery occurred before he was incarcerated, and the man brings the complaint against his surgeon under a federal legal code. However, the code can only be used against state or federal officials, which the surgeon is not. The man is allowed to amend his complaint within 30 days.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: May 1, 2024, Case #: 1:24cv132, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Rights, Health Care, Prisoners' Rights
J. Bell orders a health system and multiple third parties, including Morgan Stanley & Co., Blue Cross and Blue Shield of North Carolina and Aetna, to carefully review their requests to seal what they believe to be highly-sensitive information during this litigation. The health system and third parties are concerned that any financial information revealed to the public could potentially cause economic damage. However, not all information is that sensitive in nature and the public has a right to know information in its own interest. Thus, the health system and third parties are ordered to reevaluate their requests and specifically show how the information would be potentially injurious to them before the court makes a decision.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: April 30, 2024, Case #: 5:24cv28, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, First Amendment
J. Whitney grants a motion to approve the consent judgment between the SEC and an agent who is hereby restrained from acting as an investment adviser, and who must pay $350,000 in fees and disgorgement in three installments.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 29, 2024, Case #: 3:22cv246, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Damages
J. Cogburn denies a hotel corporation’s partial motion to dismiss allegations of breach of contract brought by a class of guests. The guests claim they were placed on a “Do Not Rent” list after they complained about room conditions, but were not made aware of this fact. So, when they went to make reservations within the same hotel franchise again, they were allowed to make non-refundable payments in advance but then barred from staying in the rooms they’d paid for. The franchises refused refunds, saying they were invalid. The guests are correct that the corporation is responsible for its employees, including those of its franchises, so they may proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:22cv663, NOS: Other Contract - Contract, Categories: Corporations, Class Action, Contract
J. Cogburn grants the U.S. Postal Service’s motion to dismiss wrongful termination claims under Title VII brought by a former employee whom the service accused of theft. The employee denied the charge, but after an investigative interview, the service fired him. He was advised to sue the service federally within 90 days, but instead, he did so through state court 14 months later. Because he admitted the untimeliness of this, the service is granted dismissal.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:23cv747, NOS: Employment - Civil Rights, Categories: Employment, Government, Employment Retaliation
J. Conrad grants the father of a child who was illegally taken from Peru to the U.S. his petition for return of the child. The mother, originally from Venezuela, fled to Peru to escape political oppression, then met the child’s father, who is from Peru. On a trip to visit relatives in the U.S., the mother refused to return to Peru and would not let the father take the child back to Peru either. The mother has not shown sufficient evidence proving a grave risk of harm to the child if they returned to Peru.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 26, 2024, Case #: 3:24cv226, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Cogburn denies a food production company’s motion for summary judgment following allegations of retaliation brought by a former delivery driver. After several work-related injuries and complaints about being pushed to work beyond the accommodations recommended by her doctor, the driver unbuckled her seat belt to roll a window down to talk to another driver who was yelling at her. She then replaced her seat belt. Not long after, the company fired her, citing her violation of their strict seat belt policy. Based on the timing, the driver has sufficient evidence to proceed on the argument that her violation was pretext to her being fired for requesting accommodations.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:21cv655, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, Employment, Employment Retaliation
J. Whitney orders a car insurance company and a driver who was injured in a collision in 2018 to submit supplemental briefs detailing whether the court should exercise its jurisdiction to resolve a policy coverage dispute in North Carolina or wait until an underlying suit in South Carolina is resolved. The collision occurred in South Carolina. Although the insurance of the driver at fault paid out according to its limit of $100,000 on the injured driver’s claim, he alleges that the costs of treatment for his injuries exceed this amount. The insurance company claims the injured driver is not entitled to additional coverage under its uninsured motorist policy because he failed to comply with certain notice provisions under North Carolina state law and the uninsured motorist policy. Thus, both parties must submit supplemental briefs to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 22, 2024, Case #: 3:23cv28, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Reidinger requests the Ministry of Justice’s assistance, under the Hague Convention, in acquiring testimony for an upcoming copyright infringement suit brought by a tech security company against a similar firm. The firm began using the company’s intellectual property outside of the parties’ contractual relationship, and the request is for oral testimony by a relevant party living in The Netherlands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 19, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, International Law, Contract
J. Cogburn partially grants a group of resigned golf club members’ motion for summary judgment in full after it had already previously been granted partial summary judgment when it sued the club for violating policy. The group claimed the club breached its contract for an amount of damages to be determined at trial. Then, it filed the current motion eight months after deadline, and regardless of the merits, the motion will not be considered for good cause. However, the group is granted leave to file a second summary judgment motion.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 17, 2024, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Enforcement Of Judgments, Contract
J. Cogburn partially grants an incarcerated trans woman’s renewed motion for summary judgment in her suit against North Carolina’s Department of Public Safety after it denied her request for gender-affirming surgery. A doctor on the state’s Division Transgender Accommodation Review Committee stated that gender-affirming surgery would never be a medical necessity to treat gender dysphoria, although the state has recognized gender dysphoria as a serious mental health issue that may require such surgery. By having stated “never,” the doctor has violated the woman’s Eighth Amendment right requiring prison administrators to give individualized medical evaluation to incarcerated people’s treatment requests. The department of public safety must either grant the woman’s request or form a new committee excluding this particular doctor.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 16, 2024, Case #: 3:22cv191, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Lgbtq, Prisoners' Rights
J. Whitney denies in part Wells Fargo’s motion for summary judgment on allegations of ADA violations brought by a former senior sales securities manager the bank laid off during the Covid-19 pandemic. The manager relocated from Los Angeles to Charlotte during the pandemic and requested a work-from-home accommodation, as he was concerned the new office’s bathroom set up would not be able feasible for him. The bank began layoffs after losing money during the pandemic and claims that because the manager’s annual salary, at $2.6 million, was the highest of all managers at that office, it needed to lay him off. The manager claims the bank discriminated against him because of his disability. Because there is still a genuine dispute of fact concerning whether and how the bank discriminated against the manager, summary judgment is denied and the manager’s claims survive.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 16, 2024, Case #: 3:23cv160, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Cogburn grants a pool products manufacturer’s motion for a temporary restraining order against a competitor in this ongoing trademark infringement case. A jury found in favor of the manufacturer, awarding it over $4.9 million for the competitor’s violations. Because of the manufacturer’s success at trial and likelihood it would be irreparably harmed financially without a restraining order, the competitor’s assets are frozen to prevent it from evading paying the manufacturer’s damages.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 11, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Corporations, Trademark, Restraining Order
J. Whitney partially grants a husband and wife’s motion to alter judgment in this personal injury case against the husband’s former employer, a farm and its owner. Previously, the court ruled in favor of the husband, who had been injured on the job, and his wife, for the farm’s negligence and the wife’s loss of consortium for over $2 million. The husband and wife are correct to say they are owed post-judgment interest, which is now awarded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 10, 2024, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Reidinger denies the University of North Carolina’s motion to stay pending appeal in this ongoing litigation involving a male student accused of sexually assaulting four female students. The male student claims he was falsely accused and a victim of gender discrimination after the university revoked his scholarship and expelled him. Previously, the university’s motion to dismiss the student’s claims were partially denied, specifically because the university failed to establish immunity at this stage in relation to the discrimination claims. Therefore, a stay pending appeal is not warranted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 10, 2024, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Assault