Case law

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.

Klett

District Court, E.D. North Carolina · Sep 14, 2026

Plaintiff requested an accommodation of working fully remotely or that her naturally acquired immunity be recognized as fully vaccinated under the Policy. … and adverse action or by establishing facts which otherwise suggest but-for causation.

Pollard v. United States

District Court, E.D. North Carolina · Jun 16, 2021

But neither party has provided the court with any appellate authority clearly setting forth the answer to the question raised by Plaintiff's argument, and the court’s independent research has uncovered none. … Plaintiffs lawsuit is accordingly defeated by sovereign immunity unless the Government has consented to being sued in this fashion by waiving the immunity.

Burns v. Brinkley

933 F. Supp. 528 · District Court, E.D. North Carolina · Aug 1, 1996

The individual often has a property interest recognized by state law in his occupation or established professional practice. … To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Rogers v. United States

District Court, E.D. North Carolina · Jun 16, 2021

But neither party has provided the court with any appellate authority clearly setting forth the answer to the question raised by Plaintiff's argument, and the court’s independent research has uncovered none. … Plaintiff's lawsuit is accordingly defeated by sovereign immunity unless the Government has consented to being sued in this fashion by waiving the immunity.

Rader v. United States

District Court, E.D. North Carolina · Jun 16, 2021

This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. 28 U.S.C. § 2679(d)(2). Within its 28 U.S.C. … But neither party has provided the court with any appellate authority clearly setting forth the answer to the question raised by Plaintiff's argument, and the court’s independent research has uncovered none.

Retirement Committee of Dak Americas LLC v. Smith

135 F. Supp. 3d 396 · District Court, E.D. North Carolina · Sep 29, 2015

Similarly, defendant Rodney Smith argues that “Transamerica clearly had reviewed Amendment No. One' and therefore should have detected any inconsistency with those expectations and actéd on them if warranted.” … The Qualified Joint and Survivor Annuity for a Participant who is not married to a Surviving Spouse shall be an annuity for the life of the Participant. .

Fehlhaber v. State of North Carolina

445 F. Supp. 130 · District Court, E.D. North Carolina · Jan 4, 1978

On the other hand, defendants assert that the scope of the final judgment is limited to an abatement of those particular books and movies adjudicated obscene; this construction would render the provision clearly constitutional … It is plausible that all are self-owned, thereby rendering each immune from damage under this section.

Native Angels Home Care Agency, Inc. v. Sebelius

749 F. Supp. 2d 370 · District Court, E.D. North Carolina · Oct 29, 2010

The party seeking to establish standing bears the burden of demonstrating standing. Chambers Med. Techs. of S.C., Inc., 52 F.3d at 1265. … To qualify for hospice care benefits, a Medicare beneficiary must be terminally ill, meaning that the “individual’s life expectancy is 6 months or less.” 42 U.S.C. § 1395x(dd)(3)(A).

Thompson v. Whitley

344 F. Supp. 480 · District Court, E.D. North Carolina · Jun 5, 1972

The statutory remedy here is clearly “judicial” (as opposed to “legislative” or “administrative”) because it does not give a superior court the power to change “existing conditions by making a new rule . . . . ” Prentis v … The presumption of reasonableness means this: [T]he burden of establishing the unconstitutionality of a statute rests on him who assails it, and . courts may not declare a legislative discrimination invalid unless, viewed

Kerr v. Navy Federal

District Court, E.D. North Carolina · Aug 27, 2024

ORDER ON IN FORMA PAUPERIS MOTION To qualify for in forma pauperis status, a person must show that she “cannot because of [her] poverty pay or give security for the costs . . . and still be able … The burden of establishing subject matter jurisdiction rests on the party invoking jurisdiction, here, the plaintiff. Adams v.

Zow v. Board of Governors of the University of North Carolina

District Court, E.D. North Carolina · Mar 26, 2024

“Equitable tolling requires a litigant to establish: ‘(1) that [he] has been pursuing [his] rights diligently, and (2) that some extraordinary circumstance stood in [his] way and prevented timely ? … The magistrate judge recommended dismissal based primarily on sovereign immunity and claim duplicity. See DE 102 at 16-20.

Ferguson v. Credit One LLC

District Court, E.D. North Carolina · Oct 15, 2024

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.

Harris v. Fambro

District Court, E.D. North Carolina · Feb 21, 2024

Under North Carolina law, “[g]overnmental immunity is that portion of the [s]tate’s sovereign immunity which extends to local governments.” Wray v. City of Greensboro, 370 N.C. 41, 47, 802 S.E.2d 894, 898 (2017). … “The liability clearly does not extend to mere insults, indignities, [and] threats.” Wagoner v. Elkin Cnty. Schs.’ Bd. of Educ., 113 N.C. App. 579, 586, 440 S.E.2d 1 19, 123 (1994).

Bostic v. Smithfield Foods Inc.

District Court, E.D. North Carolina · Aug 23, 2023

The court finds no clear error in Judge Number’s recommendation that Bostic was not a “qualified individual” within the relevant period of alleged discrimination, as required to establish a prima facie case of disability … The record clearly shows he filed the instant complaint on October 28, 2021. See DE 1. The attached right-to-sue letter [DE 53-1 at 2-3] merely provides the date after which he could sue Smithfield.

Bailey v. Town of Beaufort

District Court, E.D. North Carolina · Dec 6, 2019

However, at this juncture, it is unclear whether defendant Town has waived governmental immunity, and pursuant to Craig, such immunity affects the adequacy of the claim as a state remedy. … App. 496, 513 (1992) (categorizing an employment supervisor a “non- oustider” and stating “[t]he qualified privilege of a non-outsider is lost if exercised for motives other than reasonable, good faith attempts to protect

Cole v. Stevenson

447 F. Supp. 1268 · District Court, E.D. North Carolina · Mar 14, 1978

The foregoing authorities establish that from 1864 to 1975, 111 years, the law of this State has been this: when it is established by a defendant’s judicial admission, or the State proves beyond a reasonable doubt that the … The jury instructions complained of here were in accordance with these long established rules.

United States v. $61,433.04 U.S. Currency

894 F. Supp. 906 · District Court, E.D. North Carolina · Apr 6, 1995

The Fourth Circuit examined the issue whether an officer’s visual inspection through a crack in a wall of a boarded, locked building (not a residence) violated a “clearly established” constitutional right, in considering … the qualified immunity question of Tarantino v.

Letts v. Avidien Technologies, Inc.

District Court, E.D. North Carolina · Aug 7, 2025

“[T]he party moving for relief ‘must clearly establish the grounds therefor to the satisfaction of the district court,’” which imposes a sizable “burden of proof.” … By failing to articulate how her motion satisfies either the threshold showing under Rule 60(b) or one of the six specific categories thereunder, Plaintiff has not met her burden to “clearly establish the grounds

Knechtges v. NC Department of Public Safety

District Court, E.D. North Carolina · Aug 20, 2024

The Court agrees that plaintiff has satisfied her low burden to establish a prima facie case of discrimination. … If the plaintiff establishes a prima facie case, the burden shifts to the defendant to proffer an explanation for the adverse action that is non-discriminatory, after which plaintiff must establish that the explanation