Case law

Williams v. Jacksonville Police Department

District Court, E.D. North Carolina · Dec 3, 2021

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. … This is the very type of function to which prosecutorial immunity was intended to apply. Plaintiff’s claims against ADA Moser are, therefore, barred by prosecutorial immunity. C.

MCI Telecommunications Corp. v. BellSouth Telecommunications, Inc.

7 F. Supp. 2d 674 · District Court, E.D. North Carolina · May 22, 1998

Upon a review of a full record, dark fiber falls clearly within the definition of a network element. … ], and capability]” of BellSouth’s network, this service is pretty clearly a network element. 47 U.S.C. § 251 (c)(3).

Lightner v. City of Wilmington, North Carolina

498 F. Supp. 2d 802 · District Court, E.D. North Carolina · Mar 30, 2007

Those portions to which only general or conclusory objections are lodged may be affirmed unless clearly erroneous or contrary to law. Camby v. Davis, 718 F.2d 198, 200 (4th Cir.1983). … any state or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Lewis

District Court, E.D. North Carolina · May 8, 2026

According to the Court, Congress established it as the sole venue for appeals of state court decisions. Id. at 416. … His allegations do not establish that he has a constitutionally protected liberty interest in receiving a police report.

Veasey v. Wilkins

158 F. Supp. 3d 466 · District Court, E.D. North Carolina · Jan 26, 2016

Rivero, 282 F.3d 268 (4th Cir.2002), to argue that a plaintiff who is awarded a preliminary injunction and subsequently obtains full relief due to a change in the defendant’s position does not qualify as a prevailing party … Council, Inc., 555 U.S. 7 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008), to succeed on a preliminary injunction, a plaintiff must “clearly demonstrate that [he] will likely succeed on the merits,” regardless of the harm he is

K. Hope, Inc. v. Onslow County

911 F. Supp. 948 · District Court, E.D. North Carolina · Nov 9, 1995

of adult establishment. … First, if N.C.Gen.Stat. § 14-202.11 can be said to regulate conduct at all (and it clearly does not), the conduct regulated is the locating of adult establishments.

Warren County v. North Carolina

528 F. Supp. 276 · District Court, E.D. North Carolina · Nov 25, 1981

The decision to establish the landfill was arbitrary and capricious and should be set aside. … When Congress speaks so clearly, the federal courts must heed its words.

Smith v. Bounds

610 F. Supp. 597 · District Court, E.D. North Carolina · May 14, 1985

First, the state would establish regional law libraries in prisons across the state. Second, the state would develop procedures for their use by inmates. … Smith, the Supreme Court clearly expressed its preference for the use of some form of legal services program for inmates.

McLucas v. Home Depot U.S.A., Inc.

District Court, E.D. North Carolina · Oct 28, 2020

First, plaintiff focuses on whether Goodnight, Meredith, and Simmons are considered “non-outsiders” or “outsiders” to the employment contract for qualified immunity purposes. … However, Barker is contrary to established North Carolina case law. See Smith v.

Home Concrete & Supply, LLC v. United States

599 F. Supp. 2d 678 · District Court, E.D. North Carolina · Nov 21, 2008

To the degree that Colony may have established any “clue” test, 10 it established it for § 275(c). … The First Circuit does not espouse even that Colony established such a test.

Penske Truck Leasing Co. v. Republic Western Insurance

407 F. Supp. 2d 741 · District Court, E.D. North Carolina · Jan 3, 2006

To the extent that general principles of contract interpretation are implicated, however, North Carolina’s case law is well established. … “Insured” means any person or organization qualifying as an insured in the Who Is an Insured provision of the applicable coverage.

Suntrust Bank v. DEN-MARK CONSTRUCTION, INC.

63 A.L.R. Fed. 2d 757 · District Court, E.D. North Carolina · Apr 7, 2009

SunTrust bases its contention in part on the alleged failure of the bankruptcy court “to address the interested nature of [Ap-pellee’s] witnesses,” noting that Appellee “did not seek to qualify a single expert to testify … The burden is clearly upon the debtor.” In re Reading Tube Industries, 72 B.R. at 332 . 14 .

Shaw v. State of North Carolina

District Court, E.D. North Carolina · Mar 25, 2024

The individual defendants move separately to dismiss plaintiff’s § 1983 claims against them on the basis of insufficient factual support or, alternatively, on grounds of qualified immunity. … Because plaintiff’s § 1983 claims all fail for the forgoing reasons, the court does not reach individual defendants’ qualified immunity arguments.

Edge v. Astrue

627 F. Supp. 2d 609 · District Court, E.D. North Carolina · Jun 12, 2008

Plaintiff argues that these scores, along -with other evidence, qualifies him as disabled under Listing 12.05. … Accordingly, “[e]ven if the record clearly establishes that the plaintiff meets the requirements of section 12.05(C), a finding of mental retardation cannot be warranted without a finding that the plaintiff manifested deficits

Brown v. Philbeck

District Court, E.D. North Carolina · Jul 1, 2019

“[M]erely private conduct, no matter how discriminatory or wrongful, fails to qualify as state action.” Philips v. Pitt Cty. Mem’l Hosp., 572 F.3d 176, 181 (4th Cir. 2009). … It is a “weighty burden to establish a civil rights conspiracy.” Hinkle v. City of Clarksburg, W.Va., 81 F.3d 416, 421 (4th Cir. 1996).

Miller v. Bowen

639 F. Supp. 832 · District Court, E.D. North Carolina · Mar 21, 1986

The EAJA permits an award of attorney’s fees to a qualified prevailing party, other than the United States, in civil actions brought by or against the United States “unless the court finds that the position of the United … In all cases involving an award of fees, the Fourth Circuit has held that the guidelines established in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974), must be followed. Barber v.

Hartford Fire Insurance v. St. Paul Fire & Marine Insurance

606 F. Supp. 2d 602 · District Court, E.D. North Carolina · Mar 9, 2009

Responsible for attending and completing all mandatory training and updates within established time frames. 6. … Moreover, the court does not believe it is a close question whether the driving at issue qualifies as a professional service under the Marx test. 11 .

United States v. Schmidt

295 F. Supp. 3d 586 · District Court, E.D. North Carolina · Mar 7, 2018

This certificate stayed the respondent's release from federal custody pending a hearing to determine whether the respondent qualifies for commitment as a sexually dangerous person. … He acknowledged clearly and without obfuscation both his disorder and the negative effects his behavior had on his victims. Dr.

Winyah Rivers Alliance v. Active Energy Renewable Power, LLC

District Court, E.D. North Carolina · Jan 10, 2022

Should discovery show that defendants are immune from liability under 33 U.S.C. § 1342(k), defendants may again raise the permit shield defense. … _ Next, defendants argue they have immunity under their brownfields agreement. See [D.E. 12] 24-25.

Advanced Analytics Laboratories, Inc. v. Environmental Aspecs, Inc. (In Re Environmental Aspecs, Inc.)

235 B.R. 378 · District Court, E.D. North Carolina · May 5, 1999

AAL’s December 1996 filing contained every element required to establish a lien against EAI of NC. … The Recitals section of the Security Agreement clearly provides as follows: A.