Case law

Stevens v. Town of Snow Hill, NC

District Court, E.D. North Carolina · Jun 8, 2021

“When the State establishes a limited public forum, the State is not required to and does not allow persons to engage in every type of speech. … “In order to overcome a defense of governmental immunity, the complaint must specifically allege a waiver of governmental immunity.

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.

Williams v. AT&T Mobility, LLC

District Court, E.D. North Carolina · Jul 19, 2022

Once a document qualifies as opinion work-product it is immune from discovery, except in “very rare and exceptional circumstances.” … So Williams’s attempt to establish that the documents are not privileged is unpersuasive.

Cennington v. Austin

District Court, E.D. North Carolina · Jul 21, 2022

Plaintiff alleges she was otherwise qualified for the position. … However, "[a]n employee's decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.”

United States v. Braswell

436 F. Supp. 669 · District Court, E.D. North Carolina · Jul 20, 1977

The summons, with exemplary particularity, indicates precisely the material the IRS seeks, and it is clearly relevant to the lawfully authorized duty of the IRS to monitor Dr. … For one thing, the respondent may not even be qualified to authenticate them. See Fisher v. United States, supra, 425 U.S. at 413 , 96 S.Ct. 1569 .

Calloway-Durham v. NC Department of Justice

District Court, E.D. North Carolina · Aug 29, 2022

Plaintiff alleges that she was more qualified than Trachtman. … Although plaintiffs "meets expectations" performance review did not qualify her for a merit-based bonus, disappointing performance evaluations "occur with frequency in the workplace" and do not qualify as an adverse

Kelly v. United States

281 F.R.D. 270 · District Court, E.D. North Carolina · Mar 14, 2012

When a party relies on a privilege log to assert these privileges, the log must “as to each document ... set[] forth specific facts that, if credited, would suffice to establish each element of the privilege or immunity that … Further motions to compel that seek court decision on issues clearly covered by the findings made herein will be summarily denied with reference made to the instant order.

Custom Dynamics, LLC v. Radiantz Led Lighting, Inc.

535 F. Supp. 2d 542 · District Court, E.D. North Carolina · Jan 18, 2008

To qualify for copyright protection, a work must be original to the author.” Feist Publ., 499 U.S. at 345 , 111 S.Ct. 1282 . To be “original,” every work must “possess[ ] at least some minimal degree of creativity.” Id. … The court must first determine whether Custom has clearly shown irreparable harm. See, e.g., id. at 812-13.

Time Warner Cable Information Services (North Carolina), LLC v. Duncan

656 F. Supp. 2d 565 · District Court, E.D. North Carolina · Sep 23, 2009

On June 25, 2008, the NCREA and Commissioners moved to dismiss this action pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) of the Federal Rules of Civil Procedure on the grounds of sovereign immunity, failure to state … Such exhibits qualify as matters outside the pleadings.

Covington v. Brigman

210 F. 499 · District Court, E.D. North Carolina · Jan 30, 1914

Cov-ington, was duly elected and qualified as trustee of said bankrupts. … The rights of the trustee are controlled by the establishment of the essential facts, prescribed by the statute, constituting a voidable preference.

Cashwell v. Town of Oak Island

383 F. Supp. 3d 584 · District Court, E.D. North Carolina · May 31, 2019

Plaintiffs followed with a supplemental brief totaling 61 pages, together with a "memorandum of clearly established law" presenting another 49 pages of legal arguments. … "Generally speaking, a special assessment imposed by a municipality qualifies as a tax." Folio , 134 F.3d at 1217 (concluding an assessment for the availability of fire protection services was a tax).

Cannon v. Village of Bald Head Island, North Carolina

District Court, E.D. North Carolina · Jul 27, 2021

Lodestar Figures As the applicants for an award of attorney’s fees, Plaintiffs bear the burden to establish the reasonableness of their counsels’ hourly rates. /d. at 654. … Defendants filed a notice of interlocutory appeal on those claims for which they asserted qualified immunity; the Fourth Circuit agreed with Defendants that they were entitled to qualified immunity on the Plaintiffs’ first

Reaves

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

“Legally frivolous claims are based on an ‘indisputably meritless legal theory’ and include ‘claims of infringement of a legal interest which clearly does not exist.’” Adams v. … The undersigned recommends dismissing all the claims that establish this court’s original jurisdiction.

Sparks v. Oxy-Health, LLC

134 F. Supp. 3d 961 · District Court, E.D. North Carolina · Sep 15, 2015

Comment d provides that there can be no “apparent manufacturer” liability, “where the real manufacturer or packer is clearly and accurately identified on the label ... and it is also clearly stated that another who is also … Plaintiffs’ attempt to qualify this testimony is of no effect.

O'Connell v. City of New Bern, North Carolina

District Court, E.D. North Carolina · Mar 10, 2020

to the jury and reserve for itself the legal question of whether the defendant is entitled to qualified immunity on the facts found by the jury.”). … Defendant Conway’s defense of qualified immunity. Plaintiffs’ other claims are DISMISSED for the reasons set forth by the court above.

Hunt v. Smith

District Court, E.D. North Carolina · Jun 9, 2020

he is entitled to qualified immunity. … Whether Officer Smith violated Hunt’s Fourth Amendment rights bears on the qualified immunity issue. and so the Court addresses the merits of the constitutional violation. Pearson v.

Howard v. Malcolm

658 F. Supp. 423 · District Court, E.D. North Carolina · Feb 20, 1987

'Plaintiffs’ evidence, if left undisputed, clearly establishes numerous and substantial violations of § 1823(a). … The report establishes a number of problems with the labor camp.

Field v. Sheriff of Wake County, NC

654 F. Supp. 1367 · District Court, E.D. North Carolina · Sep 23, 1986

Crimes carrying possible penalties up to six months do not require a jury trial if they otherwise qualify as petty offenses. … This clearly is not the case.

Sheppard

District Court, E.D. North Carolina · Mar 19, 2026

Magistrate Judge Jones recommended to dismiss it for failure to establish diversity jurisdiction. [DE 5 at 6]. Plaintiffs objection to the M&R does not address a claim for NCWHA. … In his objection, plaintiff contends dismissal is improper because his amended complaint, which he alleges Magistrate Judge Jones had not reviewed, “now includes detailed factual allegations, exhibits ..., and a clearly

Hicks v. Raleigh Ophthalmology, P.C.

District Court, E.D. North Carolina · Apr 8, 2025

Sept. 7, 2022) (dismissing certain of plaintiff's claims where his “response clearly indicates his abandonment of [those] claims), aff'd, No. 22-7110, 2023 WL 8945934 (4th Cir. Dec. 28, 2023). … And district courts may only reach the merits of an affirmative defense on a motion to dismiss “if all facts necessary to the affirmative defense clearly appear on the face of the complaint.”