Case law

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

Chance v. Board of Education of Harnett County

224 F. Supp. 472 · District Court, E.D. North Carolina · Dec 30, 1963

All of the minor plaintiffs are qualified to attend the schools of Harnett County. … From the evidence it appears that the applicants stated their position clearly and before the Board.

McQueen v. Garrison

619 F. Supp. 116 · District Court, E.D. North Carolina · Apr 11, 1985

Orne’s testimony establishes serious doubt concerning the reliability of such testimony. His laboratory studies are extensive and well-documented. … He says at that time they offered immunity to Barbara Ann Kiser. The state also called Wiley Carrico. On June 23, 1972, he was living in a place near Pinehurst.

Merritt v. United States

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

Where a federal statute creates a “substantive right of action,” then “federal law clearly governs” the Rule 17(a) inquiry. Id.; see Inre Davis, 194 F.3d 570, 578 (Sth Cir. 1999); Va. Elec. & Power Co. v. … N.Y., New Haven & Hartford R.R., 223 U.S. 1, 57 (1912) (“When Congress, in the exertion of the power confided to it by the Constitution, adopted [the FELA], it spoke for all the people and all the states, and thereby established

W. Plastics, Inc. v. Dubose Strapping, Inc.

334 F. Supp. 3d 744 · District Court, E.D. North Carolina · Sep 25, 2018

The proponent of the expert testimony must establish its admissibility by a preponderance of the evidence. See Cooper v. Smith & Nephew, Inc. , 259 F.3d 194 , 199 (4th Cir. 2001). … known by others, thereby qualifying as prior art under section 102(a).

Barden v. Murphy-Brown Holdings, LLC

District Court, E.D. North Carolina · Mar 15, 2021

But we cannot accept appellant’s position that the Legislature intended by this reference to focus strictly upon the pleaded theory of liability and reject immunity for an accepted and established farming activity amounting … Compl., DE # 18, ¶ 6; see also id. ¶ 7 (“Defendants clearly have the resources to eliminate the factors, which result in a trespass onto Plaintiffs’ properties.”).)

Neal v. University of North Carolina

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

In the context of a student excluded from an educational program, to prove a violation of [the ADA], the plaintiff must establish that (1) [they have] a disability, (2) [they are] otherwise qualified to participate in the … Plaintiff cannot establish that she is qualified to participate in the MSW program or that ECU dismissed her from the program on the basis of her disability, and therefore, the court will grant summary judgment as to her

In re F. H. Saunders & Co.

272 F. 1003 · District Court, E.D. North Carolina · Apr 20, 1921

Saunders & Co. in the District Court of the United States for the Eastern District of North Carolina, and on the 4th day of October, 1919, they were adjudged bankrupts, and the trustees duly elected and qualified. … C. 576. * * _ * The rule which the statute was intended to establish, and we think its plain meaning, is that mortgages not recorded within the time fixed are invalid as to subsequent creditors whose debts were contracted

North Carolina Shellfish Growers Ass'n v. Holly Ridge Associates, L.L.C.

200 F. Supp. 2d 551 · District Court, E.D. North Carolina · Nov 8, 2001

Under Defendant’s view, Section 505 allows ordinary citizens to bring an action under the CWA and thus qualifies as an unconstitutional delegation of the powers and duties of the executive branch to ordinary citizens. … Because certification under Section 401 is an “effluent standard or limitation” under the Act, Plaintiffs are clearly authorized by Section 505 to bring a citizens suit alleging violation of Section 401.

Price v. Pierce

District Court, E.D. North Carolina · Apr 24, 2020

] > The parties did not brief whether Defendants are entitled to qualified immunity, so the Court declines to rule on the issue here. See Kenney v. Charnock, No. CIV.A. 2:05-0390, 2006 WL 995154, at *1 (S.D.W. Va. … Apr. 13, 2006) (“[T]he Court finds it would be inherently unfair to rule on a qualified immunity defense with regard to Defendants’ Motion to Dismiss when the issue was not briefed in that motion.”).

Smith v. Atkins

777 F. Supp. 2d 955 · District Court, E.D. North Carolina · Feb 22, 2011

In considering the motions for summary judgment, the court views the evidence in the light most favorable to plaintiffs and applies well-established principles under Rule 56 of the Federal Rules of Civil Procedure. … In light of this conclusion, the court need not address defendants’ qualified immunity argument. 3 . There is no evidence that Jones failed to act in accordance with Southern Health Partners’s policies or her training.

Parrish v. Brownlee

335 F. Supp. 2d 661 · District Court, E.D. North Carolina · Sep 10, 2004

Furthermore, if the harm to the military is viewed as minimal in any case challenging a call to active duty, this could establish a disruptive precedent. … The form, at two-pages, is not only concise, but also clearly divided into sections.

Syngenta Crop Protection, LLC v. Atticus, LLC

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

The Noerr-Pennington doctrine is an affirmative defense, and a court generally may not “reach the merits of an affirmative defense unless all facts necessary to the affirmative defense □ clearly appear on the face … “A practice is unfair when it offends established public policy as well as when the practice is immoral, unethical, oppressive, unscrupulous, or substantially merits to consumers.

Gibbs v. Norfolk Southern Railway Co.

358 F. Supp. 239 · District Court, E.D. North Carolina · Apr 25, 1972

In support of the motion, the defendant contends that the evidence taken in the light most favorable to plaintiff failed to establish actionable negligence on part of the defendant and that it established contributory negli … The evidence clearly shows that' plaintiff’s contributory negligence placed him in a perilous position.

Anderson v. Southern Health Partners, Inc.

District Court, E.D. North Carolina · Jan 31, 2022

“To establish a claim for treble damages under N.C. Gen. … Thus, Sheriff Coleman is entitled to governmental immunity unless waived. Sheriff Coleman concedes that his immunity was waived by the purchase (and up to the amount) of a $25,000 “sheriff's bond.”

Johnson v. Bac Home Loans Servicing, LP

867 F. Supp. 2d 766 · District Court, E.D. North Carolina · Sep 29, 2011

Congress established the FDCPA to “eliminate abusive debt collection practices.” 15 U.S.C. § 1692 (e). … The Fourth Circuit Court of Appeals has held that law firms and lawyers acting in connection with a foreclosure may qualify as “debt collectors” under the FDCPA.

United States v. Montgomery

310 F. Supp. 3d 637 · District Court, E.D. North Carolina · Apr 18, 2018

Such 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. … But the government certainly has not established facts to sustain that conclusion here.

Camp Lejeune Water Litigation v. United States

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

Where a federal statute creates a “substantive right of action,” then “federal law clearly governs” the Rule 17(a) inquiry. Id.; see Inre Davis, 194 F.3d 570, 578 (Sth Cir. 1999); Va. Elec. & Power Co. v. … N.Y., New Haven & Hartford R.R., 223 U.S. 1, 57 (1912) (“When Congress, in the exertion of the power confided to it by the Constitution, adopted [the FELA], it spoke for all the people and all the states, and thereby established

Coon v. UNC Rex Hospital

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

early stage that it cannot qualify as a matter of law. … provision; and (2) Plaintiff does * Even were necessity an element of Plaintiffs ADA claim that needed to be pleaded, the court would be inclined to rule that it has been pleaded by inference, since an accommodation would clearly

Hensley v. Engler

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

Myers, 973 F.2d 354, 357 (4th Cir. 1992) (“[A]bsolute immunity extended to a judge performing a judicial action is not in any way diminished even if his or her exercise of authority is flawed by the commission of grave … at 183. 4 North Carolina Rule of Civil Procedure 9(j) requires a complaint alleging medical malpractice to be dismissed unless the pleading specifically asserts review by a person who the plaintiff will seek to qualify