Case law

Oxendine v. Hunt

District Court, E.D. North Carolina · Dec 12, 2023

“Judgment on the pleadings is not properly granted unless the moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law.” … Defendants further argue they are entitled to qualified immunity because at the time of this incident it was not clearly established that a law enforcement officer could not use deadly force where a suspect has threatened

Allen v. City of Dunn

District Court, E.D. North Carolina · Dec 27, 2023

Defendants assert a qualified immunity defense. (See Defs’ Mem. Law Supp. Mot. Summ. J. (DE 35) (“Defs’ Br. Supp.”) 25–26). … immunity analysis under the second prong, which requires clear establishment of an allegedly violated right with a high level of specificity.

Conrad v. Continental Casualty Co.

232 F. Supp. 2d 600 · District Court, E.D. North Carolina · Oct 30, 2002

Conrad does not qualify as disabled under the CCC plan. Plaintiff worked as an operator for PEG Industries, Inc. … Though she was not able to give CCC test results which conclusively established fi-bromyalgia, she was able to produce three physicians who confirmed the diagnosis.

Pennsylvania National Mutual Casualty Insurance v. Triangle Paving, Inc.

973 F. Supp. 560 · District Court, E.D. North Carolina · Dec 30, 1996

Bailey claimed that he does not regard ordinary sediment runoff to qualify as a pollutant. (Bailey Dep. pp. 19-26.) … Clearly, the North Carolina Legislature believes otherwise.

Godfredson v. JBC Legal Group, P.C.

387 F. Supp. 2d 543 · District Court, E.D. North Carolina · Aug 15, 2005

Plaintiffs argue that defendants fall within an exception to the intra-corporate immunity doctrine. In Greenville Publishing Co., Inc. v. … ArvinMeritor, where the court clearly stated “[d]e-fendants correctly point out that no North Carolina court has ever recognized the tort of extortion...

Lesane v. Bell

District Court, E.D. North Carolina · Nov 19, 2024

The burden of establishing subject matter jurisdiction rests on the party invoking jurisdiction, here the plaintiff. Adams v. … Plaintiff has not alleged that NCDHHS waived its immunity or that Congress abrogated such immunity.

Bursell v. General Electric Co.

243 F. Supp. 2d 460 · District Court, E.D. North Carolina · Jan 24, 2003

To qualify for LTD benefits, an employee must be “absent due to total disability.” Def.’s Ex. D-l. … A court should exercise its discretion to consider additional evidence only “when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review of the benefit decision.” Id.

Klett v. North Carolina Department of Health and Human Services

District Court, E.D. North Carolina · Sep 19, 2025

Plaintiff alleges that she developed natural immunity after she contracted COVID-19 and that defendants denied her request for medical exemption to the vaccine policy based on her natural immunity. … To establish a claim for disability discrimination under the ADA, a plaintiff must allege facts which would show (1) that she has a disability, (2) that she is a qualified individual for the employment poporunity) and

Nieto v. Flatau

715 F. Supp. 2d 650 · District Court, E.D. North Carolina · Mar 31, 2010

. —, 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009); (2) that defendants are entitled to qualified immunity from personal liability for damages because their conduct does not violate clearly established law; (3) that plaintiffs … Yet, testimony by defendants establishes that decals espousing pro-Islamic messages, such as “Islam is Love” or “Islam is Peace” would be permitted upon the Base. (Maida Dep. at 39 [DE #.19-15].)

Tomlinson v. Cambell

District Court, E.D. North Carolina · Nov 18, 2024

Plaintiff also asserts that Judges Faircloth and Jones committed tax evasion or avoidance by “initiating the case in the name of the trust,” that Campbell committed tax evasion or avoidance by “acting as the qualified … DISCUSSION Plaintiff’s complaint is nearly unintelligible, but it clearly fails to state a claim.

Gregory v. United States

637 F. Supp. 624 · District Court, E.D. North Carolina · May 29, 1986

The intent of the transferor is the critical question in determining whether a transfer qualifies as a gift under IRC § 102(a). … The facts in Kaiser are clearly distinguishable from the facts in the instant case.

HERBERT J. MOORE, JR. v. WEYERHAEUSER NR

District Court, E.D. North Carolina · Apr 2, 2026

The court is permitted to “pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” , 490 U.S. at 327. … The elements of an ADA claim are “(1) a plaintiff was disabled; (2) he was a qualified individual; and (3) he suffered an adverse employment action based on his disability.” , 589 F.

Johnson v. Branch

242 F. Supp. 721 · District Court, E.D. North Carolina · Jun 11, 1965

Prior to the school year 1963-1964, plaintiff established a record as a teacher that would compare favorably with most teachers. This fact was clearly established by the testimony of a Mr. Phillip Constan. … It is obvious that he considers plaintiff academically qualified.

Gonzalez v. Cissna

364 F. Supp. 3d 579 · District Court, E.D. North Carolina · Mar 6, 2019

To qualify, a petitioner must demonstrate "that he or she has suffered substantial physical or mental abuse as a result of having been a victim of a qualifying crime, has credible or reliable information about the crime, … The statute clearly gives USCIS the discretion to grant work authorizations to aliens with pending, bona fide U-Visa applications.

Spell v. McDaniel

604 F. Supp. 641 · District Court, E.D. North Carolina · Mar 12, 1985

In addition, hundreds of documents contained in the two exhibit notebooks, many of the exhibits being internal F.P.D. documents, clearly assisted plaintiff in establishing his major allegations of an unconstitutional quota … In fact, as to the supervisory defendants, the evidence of liability was so clearly established that defendants in their motion suggest the jury was so incensed by their actions that they “jumped over” the issue of McDaniel

Jones v. City of Elizabeth

840 F. Supp. 398 · District Court, E.D. North Carolina · Oct 2, 1991

Clearly, plaintiff has made a prima facie case under this framework. He is a black male and he applied for an available position that would have constituted a promotion for him. … the most qualified candidate.

Seaboard Air Line Ry. Co. v. Lee

14 F.2d 439 · District Court, E.D. North Carolina · Aug 28, 1926

At Sabine Pass, Powell Company' further demanded and received terminal facilities, additional free time, and other privileges accorded only to shippers of export freight, as well as immunity from storage and demurrage charges … At this point he has an established place of business. At this point his contracts of sale call uniformly for delivery.

Suggs

District Court, E.D. North Carolina · Mar 3, 2026

The court may “pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” Neitzke, 490 U.S. at 327. … The burden of establishing subject matter jurisdiction rests on the party invoking jurisdiction, here the plaintiff. Adams v.

Reddington v. Bowen

640 F. Supp. 1005 · District Court, E.D. North Carolina · Jul 29, 1986

Federal courts review the Secretary’s factual findings to establish that those findings are supported by substantial evidence. … Claimant’s Income As “Rental Income” Given that claimant’s income for the three years in question is not “wages,” claimant can qualify for quarters of coverage only if that income can be qualified as net earnings from self-employment

York v. Lutz

District Court, E.D. North Carolina · Apr 17, 2023

The parties appear to agree that Mizelle was a non-outsider to plaintiff's contract, which means that she “tha[d] an interest in the subject matter of the contract, [and] enjoys a qualified immunity for actions taken in … Whether plaintiff can establish that Mizelle’s qualified immunity can be overcome remains to be determined.