19 results for 'judge:"Eagles"'.
J. Eagles partially grants a medical doctor’s motion for summary judgment in her suit against the state for its strict regulatory laws regarding Mifeprex, an abortion-inducing drug. While the FDA eased restrictions on the drug in 2007, North Carolina kept the same restrictions and added more to its own legislation, which now conflict with federal law. However, federal law in this case trumps state law. Thus, the state provisions requiring physician-only prescribing; in-person prescribing, dispensing and administering; scheduling of an in-person follow-up appointment; and non-fatal adverse event reporting are unconstitutional.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 30, 2024, Case #: 1:23cv77, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Health Care
J. Eagles denies Greensboro’s Alcoholic Beverage Control (ABC) Board’s motion for judgment on the pleadings following allegations of disability discrimination brought by a former ABC warehouse worker. The worker’s doctor examined him for chronic pain after having worked in the warehouse for eight years, and he called off from work for four days on doctor’s order after he was diagnosed with plantar fasciitis. The board argues the worker does not have a disability because of the short time between when he let them know about his condition and his call-off, and it fired him less than a week after his four-day absence. However, the worker reported having had chronic pain for two years before the call-off and has demonstrated his disability under ADA.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 15, 2024, Case #: 1:23cv621, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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[Consolidated.] J. Eagles grants a woman’s applications to proceed without prepaying fees and costs in this pro se action against the federal government and YouTube simply to allow the court to recommend dismissal. The woman appears to make sweeping statements regarding institutionalized racism against her and her family imposed by the federal government. She also claims that YouTube has been harassing her with its content even though she has communicated with it that she has mental health difficulties and it should stop. Both allegations fail to state a claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:24cv234, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Technology
J. Eagles dismisses a man’s allegations of conspiracy, extortion and Title 18 violations levied against the federal government for all manner of infractions against its citizens. The man claims that the U.S. is still controlled by the British Crown, which is, in turn, controlled by the “Mother of All Harlots known as the Roman Catholic Church.” His allegations seemingly arise from his house being foreclosed upon. His claims are considered frivolous and dismissed for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv871, NOS: Other Civil Rights - Civil Rights, Categories: Property, Jurisdiction, Foreclosure
J. Eagles grants a hotel’s motion to dismiss personal injury claims brought by a guest after she slipped on water and broke her hip. The guest had reported to staff that water was collecting under the air conditioning unit in her room, but they failed to fix the unit. At night, the guest got up and slipped on the water, breaking her hip. As the injury happened on St. Maarten, and the parties agreed to litigate in St. Maarten, this court lacks jurisdiction over the action.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv1048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Premises Liability
J. Eagles partially grants a motion for extension of time to obtain timely and valid service to the parents of a Black child whom a white woman allegedly struck in the face while he and his sister visited a swimming pool on the property she manages. The parents do not have good cause for having missed their deadline to obtain service of process on the apartment complex where the white woman worked, but they do show good cause to extend the deadline in their service of suit to the property owner.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 20, 2024, Case #: 1:23cv689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Tort
J. Eagles grants an insurer’s motion for summary judgment following a claim dispute after a couple’s boat was involved in a crash. Following the couple’s claim, the company found discrepancies in their policy application, including the fact that the husband had undisclosed felony drug charges, which is true even though his wife claims she was unaware. This and other falsehoods null the policy completely and the company is not liable to pay on the couple’s claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: February 22, 2024, Case #: 1:22cv915, NOS: Marine - Contract, Categories: Insurance, Maritime, Contract
J. Eagles grants the disbursement of over $11 million following Dish Network’s appeal after a class of consumers sued it for making over 50,000 calls in willful violation of the national Do Not Call registry. As is usual, this class action resulted in undisbursed judgment funds, and a special master correctly recommends disbursement to multiple cy pres recipients, including the attorneys general, the Public Justice Foundation and the National Consumer Law Center.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: October 11, 2023, Case #: 1:14cv333, NOS: Cable/Sat TV - Other Suits, Categories: Consumer Law, Class Action, Technology
J. Eagles issues a pre-filing injunction against a social security recipient who has abused the court over the years with multiple frivolous suits, even against court order. The recipient insists a mental health provider charged unreasonable fees for its services and wrongly withheld his benefits. He has sued the provider eight times with no success. This order enjoins and prohibits him from filing suit regarding this matter again unless given permission by the court.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: October 3, 2023, Case #: 1:23mc40, NOS: Miscellaneous Cases - Other Suits, Categories: Injunction
J. Eagles finds in favor of a nonprofit community development firm in the employee's complaint alleging gender discrimination. While the employee did establish she was part of a protected class under Title VII, she fails to meet any other criteria in her claim. The employee had been disciplined for negligence of her duties multiple times and was warned during a performance review that her supervisor was considering firing her. Choosing to resign when facing termination based on poor performance is not a constructive discharge.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: September 14, 2023, Case #: 1:21cv814, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. Eagles denies in part a hospital system’s motion to dismiss allegations of breach of implied contract brought by a class of patients. Because the class members accepted the implied offer of privacy when each one used the system’s online services, the breach occurred when the system disclosed the members’ private medical information to Meta Platforms, owner of Facebook and Instagram, without their consent. The system also owed the class a fiduciary duty which it violated by disclosing said data.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: August 24, 2023, Case #: 1:22cv697, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Class Action, Contract
J. Eagles grants, in part, a receiver's motion to use proceeds from the sale of a home to satisfy a lien. The former homeowner's lis pendens is valid and, therefore, takes priority over later-filed encumbrances on the property.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: July 21, 2023, Case #: 1:19cv1076, NOS: Antitrust - Other Suits, Categories: Property, Banking / Lending