Case law

Plotkin v. Association of Eye Care Centers, Inc.

710 F. Supp. 156 · District Court, E.D. North Carolina · Mar 13, 1989

Life and Health Benefits Administration, Inc., 617 F.2d 1208 (5th Cir.1980), cert. den. 450 U.S. 1030 , 101 S.Ct. 1739 , 68 L.Ed.2d 225 (1981), a trust which provided group insurance for employers too small to qualify for … group rates on their own was neither established nor maintained by an “employer” or “employee organization” under ERISA, and therefore not covered by ERISA, where the trust was a proprietary enterprise, established and operated

JACKSONVILLE PROFESSIONAL FIRE FIGHTERS ASSOCIATION LOCAL 2961, IAFF v. City of Jacksonville

685 F. Supp. 513 · District Court, E.D. North Carolina · May 28, 1987

Effective September 6, 1985, a daily work period of 24 hours and 15 minutes will be established for all shifts. … As its creator, Congress has the authority to establish conditions affecting that right as it sees fit.

Norfolk Southern R. v. Stricklin

264 F. 546 · District Court, E.D. North Carolina · Mar 2, 1920

It is enough if the purpose of the bill is to establish a single right between the complainant and the several defendants.” Prof. … This is in accordance with the rule of law that, when the reason upon which immunity from sale of property ceases, the immunity also ceases.

Velez v. Whitley

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

Pekatos testified that he “was looking for someone who would very strong and confident display in their mannerism, someone who could talk clearly and talk well.” Pekatos Dep. at 12. … Initially, Velez must establish a prima facie case of sex discrimination.

Foley v. Express Support Home Care, LLC

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

Nor did it clearly set out the facts supporting her discrimination claim. … Foley’s Second Amended Complaint establishes that she did not file her charge of discrimination within the time required by Title VII and the ADA.

Parker v. Craven County, North Carolina

District Court, E.D. North Carolina · Jul 2, 2019

Plaintiff was clearly qualified for the position, given the high rank she held in the Department of Tax Collection, her college degree in accounting, and her 26 years of experience. … Defendant argues, effectively, that plaintiff has not established causation.

United States v. White

District Court, E.D. North Carolina · Dec 6, 2023

Any claim for damages, the United States argues, would also be barred by principles of sovereign immunity. … Having established that the documents are relevant and that White must produce them, the Court turns to Sykes’ motion to quash.

Ghazaly v. First National Collection Bureau, Inc.

District Court, E.D. North Carolina · Jul 8, 2022

Facts demonstrating each element must be clearly alleged. Id.; see Lujan v. … Defendant, bearing the burden of establishing standing on removal, has thus failed to establish standing on the facts alleged in plaintiff’s complaint. See Strawn, 530 F.3d at 296.

Cronenberg v. United States

123 F. Supp. 693 · District Court, E.D. North Carolina · Aug 18, 1954

The evidence does not establish that adequate motive power, either from the motor itself or the electric starter, was available for propelling the vehicle onto the shoulder after the motor stalled; nor does the evidence establish … head lamps of motor vehicles shall fee so constructed, arranged, and adjusted that * * * they will at all times * * * under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly

U.S. Tobacco Cooperative, Inc. v. Certain Underwriters at Lloyd's Subscribing to Policy Numbers B1353DC1703690000 and B1353DC1602041000

District Court, E.D. North Carolina · Apr 9, 2021

Once a document qualifies as opinion work- product it is immune from discovery, except in “very rare and exceptional circumstances.” In re Allen, 106 F.3d 582, 607 (4th Cir. 1997). … Besides not establishing that the documents are immune from discovery, the Insurers have failed to show that they have not waived protections that might otherwise apply.

Farmer v. United States

867 F. Supp. 2d 785 · District Court, E.D. North Carolina · Apr 3, 2012

Simmons’s sentence in light of Carachuri-Rosendo, holding that the opinion of the Supreme Court “clearly foreleose[d] reliance on Harp. 1 ” Simmons, 649 F.3d at 247 . … The Fourth Circuit, sitting en banc, felt that Carachuri’s holding that the “actual recidivist finding ... must be part of a particular defendant’s record of conviction for the conviction to qualify as a felony,” compelled

Pratt Lumber Co. v. T. H. Gill Co.

278 F. 783 · District Court, E.D. North Carolina · Feb 26, 1922

Ashley receiver of said defendant company, who duly qualified by filing the bond prescribed in said order, and entered upon the discharge of his duties as receiver. … This distinction is clearly stated in American Surety Company v. Finletter, supra.

Spirax Sarco, Inc. v. SSI Engineering, Inc.

122 F. Supp. 3d 408 · District Court, E.D. North Carolina · Aug 10, 2015

Here, “all the facts necessary” to establish the defense are not apparent from the face of the complaint. … An act is unfair “when it offends established public policy!

Seago v. North Carolina Theatres, Inc.

42 F.R.D. 627 · District Court, E.D. North Carolina · Dec 29, 1966

Plaintiff’s first affidavit states that it was the purpose of the •plaintiff to run the Colony Theatre as a '“first-run theatre,” and that the Colony •was qualified to be a first-run theatre. … This does not establish conspiracy or even evidence of a conspiracy standing alone.

Maliki v. Blinken

District Court, E.D. North Carolina · Feb 14, 2025

Judgment on the pleadings should be granted therefore only “where the moving party is clearly entitled to the judgment it seeks as a matter of law.” Med-Trans Corp. v. Benton, 581 F. … First, USCIS must grant approval of the petition if the principal refugee establishes a qualifying relationship such as a spouse or unmarried minor child. 8 C.F.R. § 207.7(a), (d).

Trudell Medical International v. D R Burton Healthcare, LLC

District Court, E.D. North Carolina · Mar 1, 2023

“As [Trudell] bore the burden of proof on the question of literal infringement, to be entitled to judgment as a matter of law it must establish that the evidence was not only sufficient to meet this burden, but is … During trial, the parties presented conflicting testimony regarding what qualified as a “vane.”

LaNier v. LaNier

District Court, E.D. North Carolina · Aug 23, 2024

Provided that a party’s claims are not clearly baseless, the court must weigh the factual allegations in the party’s favor in its frivolity analysis. Denton, 504 U.S. at 32. … As another court in this circuit has stated: It is well-established that to prove a conspiracy under section 1985, a plaintiff must establish (1) a conspiracy of two or more persons, (2) who are

Blohm v. Dillard's Inc.

95 F. Supp. 2d 473 · District Court, E.D. North Carolina · Apr 6, 2000

Under the relevant FMLA regulations, an employee shall provide at least verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave … Plaintiff must, however, establish a causal link between the two to set forth a prima facie case. See Cline, 144 F.3d at 301 .

Guerra v. Scruggs

747 F. Supp. 1160 · District Court, E.D. North Carolina · Sep 27, 1990

Such stigmatization will adversely affect plaintiffs efforts to re-establish himself in civilian life after his discharge. Characterization as a drug abuser will lead many, if not most, employers to reject him. … Such a stigma clearly implicates plaintiff’s liberty in *1168 terests to which due process protections apply.

Lewis v. Murphy-Brown, LLC

District Court, E.D. North Carolina · Mar 16, 2020

In his complaint, plaintiff states that the Kinlaw Farms operation was established “in or around 1995.” (Compl., DE # 8, ¶ 30.) … In his response, plaintiff contends that defendant’s removal of its swine from the Kinlaw Farms operation in 2018 qualifies as “a fundamental change,” within one year of which he filed this action, thereby satisfying the