41 results for 'judge:"Biggs"'.
J. Biggs partially sustains a civil rights advocacy organization’s rejection of a magistrate judge’s memorandum opinion and recommendation in this ongoing voting rights suit. The judge incorrectly employed the moot doctrine because, although an amendment to a bill — which would prosecute anyone convicted of a crime if they vote — included a scienter requirement, the organization still has a concrete interest in the outcome of this litigation. The scienter requirement is still not specific enough about how someone convicted of a crime would restore the rights of their citizenship, so it is too vague and violates equal protection and due process rights. Thus, the organization still has a demonstrable interest, which the judge should have recognized, and the organization can proceed on a summary judgment motion.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: April 22, 2024, Case #: 1:20cv876, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Elections
J. Biggs grants the couple currently living on a contested property its motion to dismiss allegations, brought by the previous owners, that the couple is essentially squatting in their home. In previous state court proceedings, the previous owners lost the right to their home because it was foreclosed upon and they were prevented from reentering. The couple legally bought the home and moved in. The previous owners fail to show compelling evidence as to why the state court’s decision should be overturned, and even if they did, the case would need to return to state court to resolve it.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 30, 2024, Case #: 1:22cv908, NOS: All Other Real Property - Real Property, Categories: Property, Foreclosure
J. Biggs partially denies Experian’s motion to dismiss allegations of credit reporting violations brought by a class of credit consumers. Members of the class claim Experian’s purported attempts at investigating claims they brought against lenders were insufficient. In some cases, Experian allegedly refused to reinvestigate after their findings aligned with the lenders, who had made mistakes on the members’ accounts which caused them to default. The count of failure to conduct re-investigation against Experian survives.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:23cv409, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Biggs grants the federal government’s motion to dismiss tort allegations brought by an immigrant man who had temporary protected status when ICE arrested him. ICE agents pulled the man and his son over, citing issues with the man’s license plate. The details that followed are contested between the parties, but the man alleges he was falsely arrested and imprisoned in shackles for six or seven hours, then inexplicably let go a 25-minute drive from his vehicle. Thanks to an exception to the Federal Tort Claims Act, the ICE agents are immune from the suit.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:22cv1008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immigration, Immunity
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J. Biggs grants a university health system’s motion for summary judgment following allegations of multiple civil rights violations brought by a radiation oncology resident. The resident, a Black woman, entered residency with the system despite misgivings on the part of some staff based on her previous academic performance, but it accepted her anyway. Throughout her residency, she required unprecedented support and consistently scored low in testing ranges, requiring an extension of her residency, which required more scrutiny by staff than other residents. However, she fails to produce sufficient evidence to her claims.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 27, 2024, Case #: 1:20cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Employment Discrimination
J. Biggs partially denies the University of North Carolina’s motion for summary judgment following claims of racial discrimination brought by a Ph.D. candidate. Specifically, the candidate, a Black man, claims his dissertation committee plagiarized his work and re-attributed it to another student and did not behave this way with other candidates of different races. There is enough evidence to call the university and committee into question such that qualified immunity is suspended at this time.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 15, 2024, Case #: 1:20cv1050, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
J. Biggs grants in part one insurance firm’s motion for summary judgment in a suit where a second insurer sued the first for the partial cost of a fire claim in some underlying suits. Four apartment residents died of smoke inhalation after calling a county emergency communications center and receiving the advice not to open any windows, but to “hunker down” until emergency services arrived. The victims’ families’ sued the communications center and staff for $9 million total, but the first firm refused to contribute to the settlement. Its policy on excess coverage allows it to escape having to contribute more than $1 million on the claim.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:22cv404, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
[Consolidated.] J. Biggs denies the state board of elections’ motion for summary judgment in an ongoing suit brought by the NAACP for alleged voting rights violations. While the board argues that the NAACP fails to demonstrate that things like requiring voters to have photo identification has racially discriminatory intent, the NAACP is correct that such requirements have historically been dsicriminatory. This and other genuine disputes of fact still exist.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Biggs grants a stockholder’s motion for entry of default judgment against an investment company after he alleges the company failed to issue him 200,000 shares he purchased for $100,000. Although the company claims it would not return the stockholder’s investment because it had fallen victim to an attempt to defraud it, it is still subject to the contract with the stockholder to return his investment, now with interest.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 12, 2024, Case #: 1:23cv345, NOS: Other Contract - Contract, Categories: Commerce, Securities, Contract
J. Biggs recommends dismissal of a food stamps recipient’s complaint against the North Carolina Department of Health and Human Services after granting his application to proceed solely for the purpose of recommending the dismissal. The recipient alleges the department discriminated against him by denying him food stamps based on drug charges in another state because he has a drug addiction, which the ADA considers a disability. However, the recipient does not meet the requirements of suit under the federal law he invokes, as the department is not a person and the recipient has not identified any associated person to sue.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 14, 2024, Case #: 1:23cv320, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Government
J. Biggs denies summary judgment regarding class certification to a disability support service following allegations it failed to pay its staff minimum wage for all hours worked and overtime. The service moved for decertification of the class, but because it was previously decided that federal certification remains conditional and that, at this time, the class is sufficiently meeting the conditions, the service’s motion for summary judgment is moot.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 13, 2024, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: Business Practices, Class Action, Labor
J. Biggs overrules the North Carolina NAACP’s objection to a magistrate judge’s order denying the NAACP’s motion to reopen discovery in this case challenging a state Senate bill regarding voter identification requirements. The NAACP claims the bill is unconstitutional and discriminatory and made a motion for a brief period in which to reopen and update discovery in light of newly admitted parties. The magistrate judge necessarily denied the motion after allowing the NAACP to propose it to the state board parties first, who denied it. Also, the NAACP claims that the state board parties are obligated to present all public records concerning the Senate bill, the decision about which is given back to the magistrate judge.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 12, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Constitution, Elections, Government
J. Biggs grants Pfizer’s motion to seal information that is redacted from an associated amended joint case status report in this patent infringement case against a pharmaceutical competitor. Based on the type of infringement case Pfizer brought, the FDA has to withhold approval of the competitor’s product for 2.5 years while the parties litigate the infringement. As this case was previously transferred to a related multidistrict litigation action and the status report was originally confidential, Pfizer correctly argues that it should remain so.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: January 23, 2024, Case #: 1:21cv157, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Corporations, Government, Patent
J. Biggs denies Ford’s renewed motion for a directed verdict and motion for a new trial in a wrongful death dispute. The wife supports her claims that her husband’s exposure to the asbestos-containing products at issue while working as a tractor-trailer mechanic for 40 years contributed to his mesothelioma. Final judgment will be entered in favor of the wife, awarding her $275,000 in back pay plus prejudgment interest to the tune of nearly $67,000.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 30, 2023, Case #: 1:20cv98, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Settlements, Damages, Asbestos
J. Biggs grants the federal government’s motion for summary judgment after two alleged drug buyers had to forfeit over $25,000 with which they intended to buy controlled substances. The purchasers argue that they have a right to recover the money as it was not intended to be used to buy controlled substances. Attempting to invoke a rule that there had been a clerical mistake made, the purchasers moved that the court should correct it and thus also moved for relief from a previous order and judgment. However, following discovery, evidence shows that they had intended to buy the substances, so their argument fails.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 9, 2023, Case #: 1:21cv584, NOS: Drug Related Seizure of Property 21 USC 881 - Forfeiture/Penalty, Categories: Evidence, Property, Discovery
J. Biggs grants summary judgment to Rockingham County, a deputy sheriff and three paramedics who were sued for wrongful death by the family of a man who died of cardiac arrest at home after refusing the EMTs’ advice that he go to the hospital to treat his fever, low oxygen level and heightened respiratory rate. They properly determined he was alert and of sound mind when he repeatedly refused their assistance, so their behavior was not negligent, and the suing family did not bring an expert to testify to a medical malpractice claim. Additionally, the claim against the deputy is barred by public official immunity.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 6, 2023, Case #: 1:21cv95, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Medical Malpractice
J. Biggs grants in part a class of workers at three group homes serving children and adults with emotional and developmental health issues its request for class certification in this FLSA suit. The class claims that its employer failed to pay for time in staff meetings, training, minimum wages for all hours worked and overtime wages. Although its claims of violations of state wage laws are preempted by the FLSA, all other claims survive. Also, the class has shown that all members experienced similar violations by the employer, so certification is granted.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: September 29, 2023, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Biggs partially grants a health care system’s motion to dismiss allegations of age discrimination brought by a former system director of supply chain management after he claims he was passed up for promotions in favor of younger candidates. He also claims he was demoted at one point, then applied for his old position and was replaced. However, because the director did not file his discrimination claim with the EEOC within 180 days of it happening, the claim is time-barred. The director also argues equitable estoppel, meaning the system purposely caused him to miss a filing deadline because it withdrew the posting of his previous job prematurely, thereby violating the Age Discrimination in Employment Act. But, the director presents no evidence that the system removed the posting to deliberately or intentionally to prevent him from applying.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: September 8, 2023, Case #: 1:22cv847, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Biggs denies, in part, the Secretary of the Department of Veterans Affairs' motion to dismiss a former worker's disability discrimination and retaliation claims. The government fails to cite any rule of procedure it relies upon in its motion to dismiss.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: August 7, 2023, Case #: 1:22CV317, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination, Employment Retaliation