50 results for 'judge:"Reidinger"'.
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. 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
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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. 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. 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. 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
J. Reidinger grants an abortion protestor his motion for summary judgment after he alleged a local municipality and police officer had infringed upon his First Amendment rights. The municipality had recently amended its noise ordinances, specifically outside of a health care facility that provides abortions following increased noise complaints as evidenced by an eight-year study. However, the amendment was found to have compromised the protestor’s right to free speech.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:22cv222, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Municipal Law, First Amendment
J. Reidinger partially grants an anesthetist’s motion for conditional class certification following claims that her employer misclassified her and others as independent contractors to avoid paying overtime wages. The employer, an anesthesia contractor, must turn over names and contact information of its employees to the anesthetist.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:23cv114, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Contract, Labor
J. Reidinger grants default judgment in favor of an insurance underwriting company after a client defrauded Medicare, violating a policy the company financed. The client, a clinical laboratory firm, knowingly submitted false claims to Medicare. Therefore, the policy between the company and firm is null and the company is free from indemnifying the firm.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:20cv41, NOS: Insurance - Contract, Categories: Fraud, Health Care, Insurance
J. Reidinger denies a health care system’s motion to dismiss multiple municipalities’ allegations of monopolizing the inpatient acute and outpatient care markets in their areas. The system argues the municipalities fail to state a claim. However, evidence shows that the system has violated the Sherman Act by using so-called “all-or-nothing” requirements in its contracts with health insurers, systematically cornering the market in the municipalities.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 21, 2024, Case #: 1:22cv114, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade
J. Reidinger denies the passenger in a car collision his motion to voluntarily dismiss the court’s exclusion of expert testimony he brought against a car manufacturer. The manufacturer claims the expert’s testimony is flawed because his recreation of the collision was inaccurate. Also, a voluntary dismissal would not take into account the significant expense the manufacturer has paid in service of the litigation so far. Thus, the motion is denied, but the expert will be allowed to recreate the crash study and submit it to the manufacturer at the expense of the passenger.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 16, 2024, Case #: 1:23cv112, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, Vehicle, Experts
J. Reidinger grants the federal government’s motion to dismiss allegations of negligence brought by the daughter of a woman who died after hospital staff dropped her on her head while she was in a mechanical lift. The daughter is suing the federal government based on its relationship with the Cherokee-owned hospital. Under the Federal Tort Claims Act, which the daughter invokes, the hospital staff are considered federal employees. However, North Carolina doesn’t recognize the negligence claims, so the daughter fails to demonstrate that the FTCA gives the federal court subject matter jurisdiction over the claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 15, 2024, Case #: 1:22cv10, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Jurisdiction
[Consolidated.] J. Reidinger dismisses, with prejudice, a Walmart customer’s claims including assault, false arrest and defamation after a man associated with Walmart moved for a mistrial predicated upon the customer’s misconduct during a jury trial. As the customer was found to have disobeyed the court in front of the jury, he was charged with paying jury costs and all his claims were dismissed.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 13, 2024, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Jury
J. Reidinger dismisses a RICO claim against a car dealership brought by a customer who claims it sold him a lemon, and that one affiliated individual is a member of Fruit of Islam, which the customer asserts is a hate group. The customer fails to demonstrate any pattern of criminal behavior on the part of the dealership or individual, but may amend his complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 8, 2024, Case #: 1:24cv39, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, Business Practices, Racketeering
J. Reidinger partially denies an American email authentication software firm's motion to compel documents and responses during an protracted discovery process with its European affiliate. The firm claims the European affiliate is trying to separate its business operations from that of the American firm. Presently, the affiliate claims the American firm is not providing sufficient evidence in discovery, however the affiliate’s latest requests are unreasonable questions, e.g. asking in what city a contract was signed, and it is not necessary for the firm to provide all this information.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 7, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery, Contract
J. Reidinger grants Pfizer’s motion to dismiss allegations of product liability brought by a consumer who claims an arthritis medication damaged her kidneys. The consumer reports that her doctor diagnosed her with stage 3 kidney disease, and that after she stopped taking Pfizer’s medication, her kidney condition improved. However, she presents only cursory information that is not enough to state a claim.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 22, 2024, Case #: 1:23cv281, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Negligence, Product Liability
J. Reidinger grants summary judgment to an insurance company after a brewery sued it for an alleged breach of contract following a flood that damaged the brewery and its administrative building. According to the contract, only one building is covered per policy, but the brewery used one address for both buildings. Therefore, the company only awarded damages for claims on the building listed in the policy, not the other one, which does not constitute a breach of contract.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 16, 2024, Case #: 1:22cv267, NOS: Insurance - Contract, Categories: Insurance, 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. 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. 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. Reidinger grants a health benefits management firm’s motion to dismiss a claim brought by a mother when her child, a beneficiary, was treated at a residential mental health facility. The firm denied the claim citing an exclusion in the mother’s health care plan. The mother exhausted the appeals process with the firm, then filed the current action to recover the cost of the claim through ERISA. However, the firm is no longer the claims administrator for the mother’s plan and so cannot provide relief.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: December 6, 2023, Case #: 1:21cv265, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care, Insurance