229 results for 'court:"USDC Western District of North Carolina"'.
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
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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
J. Whitney grants a global agricultural products firm’s motion for judgment on the pleadings following allegations of ERISA protections violations brought by an employee after a dispute over benefits involving his ex-wife. The employee argues he was wrongfully denied benefits because some of his ERISA payouts went to furnish his ex-wife as a beneficiary after their divorce. However, an ERISA plan administrator previously denied the employee’s claim for breach of fiduciary duty and his appeal. Here, he alleges wrongful denial of benefits, but the claim is redundant
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 3, 2024, Case #: 3:23cv512, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
[Consolidated.] J. Conrad partially grants a medical supply company’s motion to compel following allegations of fraud it brought against two people affiliated with a wholesaler with whom the company did business. The company claims these two individuals stole at least $200 million from the wholesale business so that it could not pay the company for services rendered. The people’s accountant claims that the motion to compel was not served properly and that the subpoena was not valid. However, he fails to show sufficient evidence of these claims and, thus, must provide some of the paperwork requested.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 2, 2024, Case #: 3:21cv501, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Accounting Malpractice, Contract
J. Reidinger denies a man, who was involuntarily committed to a hospital in 2016, his motion for reconsideration after he previously filed two other civil actions that were denied. The man then filed a motion to reverse the denials, but these were time-barred. The present motion for reconsideration is therefore futile.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 1, 2024, Case #: 1:21cv305, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Civil Procedure, Constitution, Medical Malpractice
J. Bell denies a class of family members of those buried at one of the largest cemeteries for Black Americans its motion for certification in this suit alleging shocking treatment of human remains and desecration of graves, among others. The class, consisting of 10 people, has failed to specifically identify any other members of the thousands they believe to have been harmed by the owners of the cemetery. Thus, the suit is no longer a federal matter and is remanded to the superior court of the relevant county.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 3:23cv217, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Class Action, Contract
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Insurance, Contract
J. Bell grants in part a county district attorney’s office and its staff and some security and police officers’ motions to dismiss allegations of assault brought by a motorist. After contradictory communication between administration and security, the motorist was arrested for visiting the district attorney’s office a second time. Unbeknownst to him, he had been banned from the office. The arresting officers ignored his requests to loosen his handcuffs and instead tightened them, causing him injury. His assault, unlawful arrest and excessive claims against two officers will proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 5:22cv95, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, Assault
J. Whitney partially grants a county board of education’s motion to dismiss allegations of violations of the Americans with Disabilities Act and other protections after a student was recommended for homebound education. The student’s school removed him after a disability-related behavioral incident, and would not allow him to return, recommending homebound education. His parents sought private education and now sue the board for compensation. However, the school’s decision not to allow the student’s return does not constitute a violation of the ADA or other laws.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 27, 2024, Case #: 3:23cv139, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Reidinger grants a hospital’s motion for summary judgment in a labor dispute with a nurses’ union after the hospital won an arbitration award. Union members posted flyers regarding voting in places outside of designated bulletin boards stipulated in a collective bargaining agreement. The dispute arose, and a union representative requested access to the hospital. He was denied for 30 days as part of the agreement. When a second, uninvolved representative requested access, he had to wait until the 30 days had ended. The union is incorrect in arguing that this second denial violated the agreement, and the arbitration award stands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 26, 2024, Case #: 1:23cv321, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Health Care, Labor / Unions
J. Reidinger grants a group of advocates of homeless people their motion for preliminary injunction after the City of Asheville and some of its police officers banned the advocates from city parks and imposed other punishments. The advocates have been helping homeless people get access to food and other necessities and protesting public policy on their behalf. In response, the city and officers have banned the advocates and charged them with felony littering, which could lead to imprisonment if the advocates visited a park. The felony charges have affected some advocates’ ability to be hired. They were also not given a hearing before the charges were filed. The advocates sufficiently demonstrate likelihood of success on the merits, that their right to due process has been violated, and that it is in the public interest that a preliminary injunction be granted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Injunction