Case law

Nc St. Bd. of Regis. for Pro. Eng. v. FTC

615 F. Supp. 1155 · District Court, E.D. North Carolina · Aug 15, 1985

Clearly, the law in this area is presently rather unsettled. … Yet other courts have considered the ripeness analysis to be a prerequisite to establishing subject matter jurisdiction.

Baker v. Americredit Financial Services, Inc.

District Court, E.D. North Carolina · Apr 2, 2025

DIO Transp., Inc., 317 F.R.D. 609, 612 (D.S.C. 2016) (“{T]he burden of proof is with the party objecting to the discovery to establish that the challenged production should not be permitted.”’) (citation omitted). … Sept. 20, 2017) (ordering production of subpoenaed documents subject to a protective order over objection that they were immune from disclosure as criminal investigation records pursuant to N.C. Gen.

Naef v. County of New Hanover

District Court, E.D. North Carolina · Aug 31, 2023

Naef “was clearly among those expressing opposition to the mask requirement.” Id. at { 15. Naef was scheduled to speak at the hearing. “[W]ithout warning, defendant Wallace directed deputies to remove Mr. … “In order to overcome a defense of governmental immunity, the complaint must specifically allege a waiver of governmental immunity.

Burroughs Wellcome Co. v. Barr Laboratories, Inc.

828 F. Supp. 1200 · District Court, E.D. North Carolina · Jun 4, 1993

company, owns and controls six U.S. patents covering various methods of using azidothymidine (“AZT”) in the treatment of persons infected with the Human Immunodeficiency Virus (“HIV”). 1 HIV is a causative agent of acquired immune … On this point, it appears that the law clearly favors BW Co.’s position.

In re the Complaint of Trawler Susan Rose, Inc.

227 F. Supp. 3d 444 · District Court, E.D. North Carolina · Jan 4, 2017

In balancing the claimant’s saving to suitors rights and the petitioner’s limitation of liability rights, the Supreme Court has noted that “[t]he [Limitation] Act is not one of immunity from liability but of limitation of … The party seeking transfer bears the burden of clearly establishing that transfer is appropriate, and must “specify what evidence and witnesses it intends to rely on and show that the balance of, convenience weighs heavily

General Textile Printing & Processing Corp. v. City of Rocky Mount

908 F. Supp. 1295 · District Court, E.D. North Carolina · Apr 3, 1995

It goes without question that “[a] public utility, whether publicly or privately owned, may not discriminate in the establishment of rates.” Ricks v. … City of Huntington, West Virginia, 999 F.2d 71 (4th Cir.1993), the court held that a “municipal service fee” was actually a tax from which the United States was immune.

Fulmore v. Johnson & Johnson Pharmaceutical Research and Development, LLC

District Court, E.D. North Carolina · Jan 25, 2022

“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.” … to establish that the disease was caused by the product.”

Beard v. Town of Topsail Beach,et al

District Court, E.D. North Carolina · Mar 31, 2020

However, the court “must bow to established claims and remedies where these provide an alternative to the extraordinary exercise of its inherent constitutional power.” Id. at 784. … It is true that defendant Allen “pleads any and all doctrines of governmental immunity, including but not limited to, the doctrines of qualified immunity, absolute immunity and public official immunity, in bar of all or

Gingles v. Edmisten

590 F. Supp. 345 · District Court, E.D. North Carolina · Apr 20, 1984

Racial Polarization in Voting Statistical evidence presented by duly qualified expert witnesses for plaintiffs, supplemented to some degree by direct testimony of lay witnesses, establishes, and we find, that within all the … That clearly is not the circumstance here, on the record made in this action.

Faulkner v. Wilmington Police Department

District Court, E.D. North Carolina · Sep 2, 2025

Federal courts only have subject-matter jurisdiction over matters that qualify as a case or controversy under Article III of the Constitution. See TransUnion LLC v. Ramirez, 594 U.S. 413, 423 (2021). … But federal courts regularly reject attempts to establish standing based on the investigation of a third party. See Pratt v.

Bishop v. Federal Bureau of Investigation

District Court, E.D. North Carolina · Aug 26, 2019

A cause of action is legally frivolous if it is “based upon an indisputably meritless legal theory and include claims of infringement of a legal interest which clearly does not exist.” Adams v. … The lack of factual allegations establishing a plausible claim for relief also justify the district court’s dismissal of the complaint. iI.

Meekins v. Branning Mfg. Co.

224 F. 202 · District Court, E.D. North Carolina · Jun 30, 1915

Ed. 460 . [2, 3] It would seem that the language of the residuary clause, read in the light of the entire will, conies clearly within this equitable doctrine. … if the purpose of the will still require a sale and conversion, the heir takes the part thus undisposed of as money, and not as land, and on his death it will go to his personal representative. * * * It may be said to be established

Republican Party v. Martin

136 F.R.D. 421 · District Court, E.D. North Carolina · Jan 20, 1991

In order to come within the qualified immunity from discovery created by Rule 26(b)(3), a three-pronged test must be satisfied. … This terminology is not, technically speaking, correct, in that the defense of work product is not a privilege from discovery, but is only a qualified immunity from the same, as will be further discussed infra.

Ocean Acres Ltd. Partnership v. Dare County Board of Health

514 F. Supp. 1117 · District Court, E.D. North Carolina · May 18, 1981

At least two circuits have clearly held that Section 1983 is an exclusive remedy. Owen v. … As the Fourth Circuit has clearly held, plaintiff must establish more than its own ignorance to toll the statute of limitations. Charlotte Telecasters, Inc. v.

Malloy v. Federal Reserve Bank of Richmond

281 F. 997 · District Court, E.D. North Carolina · Jul 8, 1922

This principle has been clearly stated by Judge Bynum, upon the authority of Fabens v. Mercantile Bank, 23 Pick. (Mass.) 330, 3 Am. Dec. 59 ; Bank v. Bank, 75 N. … The result of this rule is that the subagent, selected by the bank undertaking to collect the check, becomes the agent of the owner of the check, thus establishing the contractual relation between the owner and such subagent

Duke v. Uniroyal, Inc.

719 F. Supp. 428 · District Court, E.D. North Carolina · Jun 23, 1989

The first step is the establishment of the prima facie case. … The next step comes once the prima facie case is established.

McCauley v. City of Jacksonville, NC

739 F. Supp. 278 · District Court, E.D. North Carolina · Jun 2, 1989

The court therefore finds that McCauley has failed to establish a prima facie case of disparate racial impact. … The undisputed evidence clearly shows that the moratorium policy’s distinction between single and multi-family development had a rational basis.

United States v. Stroop

121 F.R.D. 269 · District Court, E.D. North Carolina · Jul 15, 1988

In addition, the government must reveal all promises of leniency, immunity, or other similar inducements to testify. United States v. … Clearly, Title 18 U.S.C. § 3504 (a)(1) envisions at least some preliminary showing by a defendant as a condition-precedent to requiring a government response concerning electronic surveillance.

L.P. v. Wake County Board of Education

District Court, E.D. North Carolina · Jul 18, 2022

or public official immunity. … municipal corporations are immune from punitive damages.").

United States v. Atlantic Commission Co.

45 F. Supp. 187 · District Court, E.D. North Carolina · May 14, 1942

The proviso, preventing sentence to a penitentiary except with the defendant’s consent, clearly invalidates .any contention defendants might make that the offense with which they are charged is an infamous crime because punishable … Those circumstances, however, do not establish that the indictment in each Count charges defendants with having committed more than one offense.