34 results for 'judge:"Whitney"'.
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. 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. 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. 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
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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
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. 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. Whitney partially grants an insurance company’s motion for default judgment against a contractor who filed for bankruptcy and has failed to pay on the balance of a bond for $6.9 million. The contractor has paid over $867,000 into a net estate fund, which will be disbursed to the company. However, future payments toward the balance will not be distributed until the entirety is paid off.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 21, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Debt Collection, Contract
J. Whitney partially denies a fire security firm’s motion for judgment on the pleadings following race discrimination allegations brought by a former fire sprinkler inspector. The inspector, a Black man, argues the firm allowed him to keep a water backflow testing business on the side upon hire, but five years later, used this as an excuse to fire him. White staff members, he claims, who also had similar side businesses were not penalized or fired and also enjoyed regular reviews and raises while the inspector only got one raise after two years of “begging.” The inspector’s claim are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 13, 2024, Case #: 3:23cv304, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Whitney grants an engineering firm’s motion for preliminary injunction following allegations it brought against one of its former staff members for poaching the firm’s confidential information about customers, pricing and business plans two weeks ahead of his resignation. A business development manager at a firm affiliate reported the offense, and the staff member was found to have pilfered over 9,000 classified files.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 12, 2024, Case #: 3:24cv234, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade, Negligence, Contract
J. Whitney grants final approval of a settlement and awards attorney fees in this class action against a loan company after hackers breached over 200,000 customers’ data in 2022. The company must award over $308,000 in fees and expenses as well as $3,000 to each member of the class.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 27, 2024, Case #: 3:22cv307, NOS: Other Contract - Contract, Categories: Settlements, Privacy, Attorney Fees
J. Whitney grants a utility provider’s motion to dismiss allegations of race discrimination brought by a former engineer after the provider failed to promote him and allegedly told him he’d never be in a leadership position. The engineer, a Black man, claimed the provider would not promote him based on his race, so he began working for another provider. He claims he received similar treatment there as well as a pay cut, which he believes is because of the companies sharing information about him. However, under federal discrimination law, the subject incidents happened too long ago and are time-barred.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 1, 2024, Case #: 3:23cv333, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Whitney partially grants two mortgage companies’ motions to dismiss allegations that they wrongfully created a second mortgage on the house of a deceased woman. The woman’s niece claims one of the companies incorrectly charged her aunt under a second mortgage, of which the aunt was unaware. However, the niece does not own the property, is not her aunt’s legal estate administrator, and will, therefore, not experience a concrete harm if the house is sold or foreclosed upon. Thus, she lacks standing and subject matter jurisdiction.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 30, 2024, Case #: 3:23cv205, NOS: Other Contract - Contract, Categories: Jurisdiction, Banking / Lending, Contract
J. Whitney denies Neutrogena’s and Johnson & Johnson’s motion to dismiss allegations by the parent of a child who died of leukemia after long-term exposure to the companies’ sunscreen products. The parent allegedly exclusively applied the companies’ sunscreen to the child's skin on a regular basis for 12 years, and Benzene, a chemical compound which is linked to cancer, was present in the sunscreen. The parent’s amended complaint consists of enough credible information at this stage to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 17, 2024, Case #: 3:23cv215, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Wrongful Death
J. Whitney partially grants a shoe manufacturer’s motion to dismiss allegations of breach of contract, bad faith and fraud brought by a competitor. This ruling takes into consideration prior litigation, specifically a protective order, which the manufacturer now accuses the competitor of breaching. However, neither this claim, nor the bad faith and fraud allegations, are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 16, 2024, Case #: 3:23cv167, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Contract
J. Whitney grants Experian and TransUnion their motion for judgment on the pleadings after a consumer sued them for alleged fair credit reporting law violations and then did not respond to their motion. The original motion by the credit agencies was for dismissal, which is granted here because the consumer’s factual allegations are not sufficient for a claim under fair credit reporting laws. Also, the consumer has a history of not complying with court orders and has sued the agencies before, intentionally dragging her feet during litigation. The complaint is dismissed and the case closed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 11, 2024, Case #: 3:23cv388, NOS: Consumer Credit - Other Suits, Categories: Commerce, Consumer Law
J. Whitney dismisses the amended complaint of a mother claiming that a host of her constitutional rights have been violated by a county human services organization, a local housing authority and multiple of their individual employees. She says she was deprived her suitable housing, forced to carry out a birth that injured her and her child, and that her parental rights were improperly terminated. However, she seeks to sue people and organizations that have governmental immunity. Also, because her amendment has not changed from the original complaint, and because it is considered frivolous, it is dismissed with prejudice.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 10, 2024, Case #: 3:23cv762, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Government
J. Whitney denies a nails business’s motion to stay litigation following allegations of patent infringement brought by a pedicure spa chair company. The company claims the nails business contributed to patent infringement when it purchased a particular chair model from a third party in Texas, which it sued five months previous to the current suit for similar reasons. The nails business agreed to be bound by the final outcome of the Texas case, not “any outcome,” as it argues here. Because the Texas case has not resolved and to the similarity of the cases, it is inappropriate to grant a stay.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:23cv533, NOS: Patent - Property Rights, Categories: Corporations, Patent, Business Practices
J. Whitney denies a health care system’s motion to dismiss medical malpractice claims brought by a patient and his wife after a nurse administered a medication that caused the patient to suffer a second stroke. The patient and his wife’s amended complaint does satisfy federal rules, so the system is denied its motion. Also, the system is only partially entitled to summary judgment. While it correctly asserts that it was in no way responsible for the treatment given the patient, questions as to the patient’s negligent hiring and supervision claim and his wife’s loss of consortium claim still stand due to remaining disputes of material facts.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:22cv317, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Negligence, Medical Malpractice
J. Whitney partially denies a health care system’s motion for summary judgment after a former registered nurse brought allegations of disability discrimination. The nurse, who worked in hospice, had rotator cuff surgery and thus requested accommodation as she was required to lift and turn patients, which she could not do on doctor’s orders. The system received her request but did not provide accommodation, then fired her for abandoning her job when she did not show up for shifts requiring lifting and turning patients. The system’s motion is denied as to the nurse’s claims of ADA discrimination and failure to accommodate because there is still conflicting information between the parties regarding the claims.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:22cv662, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Whitney denies a hauling and transportation service’s motion to dismiss allegations of violations of a federal workers’ protection law brought by a class of employees after the service laid them off then fired them. The class claims that by laying its members off then firing them, the service unfairly prohibited their access to wages, accrued paid time off, pension contributions, ERISA benefits and potential medical expenses for 60 days. The class has shown sufficient evidence for its claim.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:23cv498, NOS: Other Labor Litigation - Labor, Categories: Erisa, Class Action, Labor
J. Whitney partially grants a farming corporation’s motion in limine, particularly as it relates to the corporation’s lack of an OSHA investigation into a former maintenance worker’s loss of a leg while cleaning the inside of a grain bin. Although the corporation failed to initiate an OSHA investigation after the injury, and also instructed the worker’s wife not to contact OSHA, these specific actions cannot be said to have explicitly caused or contributed to the injury since they happened afterward. Related testimony may, therefore, be excluded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 28, 2023, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor
J. Whitney dismisses an employee’s ADA discrimination claims against his former employer, an industrial compressed air and fluid processing firm. The employee, whom the firm was aware suffered from kidney failure, has not presented sufficient evidence that the firm fired him after he left early one day after vomiting.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 20, 2023, Case #: 3:23cv472, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Whitney denies an accounting firm’s motion to dismiss multiple claims including breach of contract, breach of fiduciary duty and conversion brought by an investor. The firm and the investor each provided $450,000 to an attorney’s trust account after both parties agreed to jointly purchase two FedEx businesses. However, the firm failed to transfer the stock from one of the businesses to the investor as agreed. Because the owner of the firm conducts business in North Carolina, her claim of a lack of personal jurisdiction fails at this stage. The investor also shows sufficient, if minimal, evidence of his allegations, while the owner’s argument of failure to state a claim is unsuccessful.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 2, 2023, Case #: 3:23cv306, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fiduciary Duty, Conversion, Contract
J. Whitney grants a county sheriff’s office its motion to dismiss an amended complaint brought by a business owner after his store manager embezzled money and the owner couldn’t pay rent, prompting the landlord to evict the business. During proceedings after the business owner contested the eviction, he claims that a law judge allowed someone in the court to laugh and make fun of him because his son needed to translate for him. He also claims the judge threatened the him, saying that he would not allow any court to vacate his judicial orders. However, in this case, the owner sued this judge, and a few others, in their official capacities only, not in their individual capacities, so the judges maintain sovereign immunity.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: October 27, 2023, Case #: 3:22cv561, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Immunity
J. Whitney declines to remand and partially dismisses a libel lawsuit between two formerly married people involved in a separate civil conspiracy lawsuit alleging fraud, breach of fiduciary duty and invasion of privacy.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: September 28, 2023, Case #: 3:23cv230, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Fraud, Defamation, Privacy
J. Whitney grants in part a motion to dismiss a second amended complaint against the brother of a man who claims his siblings cheated him out of his inheritance after their father died. The man alleges that the siblings took his portion of their father's estate, including $1 million, land and businesses. However, as legal proceedings in the father's country of origin, Colombia, have not yet been settled, the man's claims are not able to be corroborated yet. The man's brother seeks dismissal with prejudice, but it will only be granted without prejudice because it needs to be refiled in a court with the correct jurisdiction.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: September 1, 2023, Case #: 3:21cv640, NOS: Other Contract - Contract, Categories: Fraud, Sanctions, Jurisdiction