Case law

Glaxo Inc. v. Novopharm Ltd.

931 F. Supp. 1280 · District Court, E.D. North Carolina · Jul 5, 1996

It clearly indicates a peak at 1045 cm-1. … The evidence at trial clearly established that Novopharm’s Form 1 production process, including all of the elements claimed to flow from the confidential documents, were independently developed by Novopharm’s Dr.

North Carolina Insurance Guaranty Association v. Azar, II

District Court, E.D. North Carolina · Sep 21, 2021

“The party invoking federal jurisdiction bears the burden of establishing standing.” Susan B. Anthony List v. … The only immunities that can be claimed in an official-capacity action are forms of sovereign immunity . . . .”). 2) Federal Question Jurisdiction and the

In Re Dollar General Stores Flsa Litigation

766 F. Supp. 2d 631 · District Court, E.D. North Carolina · Jan 19, 2011

All of these tasks are clearly managerial responsibilities. … Thus, Ravas-Houllion's deposition testimony establishes that she meets the additional requirement of the executive exemption test contained in the current regulations.

Ravas-Houllion v. Dolgencorp, Inc.

766 F. Supp. 2d 631 · District Court, E.D. North Carolina · Jan 19, 2011

All of these tasks are clearly managerial responsibilities. … Thus, Ravas-Houllion’s deposition testimony establishes that she meets the additional requirement of the executive exemption test contained in the current regulations.

Yates v. Ford Motor Co.

113 F. Supp. 3d 841 · District Court, E.D. North Carolina · Jun 29, 2015

Rule 702 further provides that a witness qualified as an expert may be permitted to testify where “(b) the testimony is based upon sufficient facts or data;' (c) the testimony is the' product of'reliable principles and methods … The inconsistencies, inaccuracies, logical gaps, and absence of clearly cited authorities for fundamental aspects of Mark’s “visible dust” theory are deeply troubling.

Revak v. Miller

District Court, E.D. North Carolina · Jun 5, 2020

By the execution of the bond and adoption of an insurance plan, defendant Sheriff Miller waived his immunity from civil liability. (Id. ¶¶ 6-7). … Defendant OCSO also adopted a plan of insurance and thereby waived its immunity from civil liability. (Id. ¶¶ 3,7). medical condition. (Id. ¶ 13).

Joy v. Merscorp, Inc.

935 F. Supp. 2d 848 · District Court, E.D. North Carolina · Mar 27, 2013

Plaintiff was the object of collection activity arising from a consumer debt as defined by the FDCPA, and Litton and the Nationwide defendants qualify as debt collectors as defined by the FDCPA. See Wilson v. … Just as these allegations are not sufficient to establish the elements of a fraud claim, they are not sufficient to establish the “[ejgregious or aggravation circumstances” that must be alleged before a unfair deceptive trade

Johnson v. Johnson & Johnson

263 F.R.D. 312 · District Court, E.D. North Carolina · Nov 13, 2009

The Interests of Judicial Administration Judicial administration clearly favors of the application of New Jersey law to this case. … Each prospective class member’s domicile will also qualify as the place where the injury causing conduct occurred. See In re Consol.

Croydon Co., Inc. v. Unique Furnishings, Ltd.

831 F. Supp. 480 · District Court, E.D. North Carolina · Aug 11, 1993

As the Solicitor General says in his brief with respect to the act, it is more than a waiver of immunity and affects an assumption of liability by the government. ... … Clearly this pleading is not restricted to sales to the government, but merely uses the government sales as an example of the infringing activity. (Gaylord’s Supplemental Memo, at 2, quoting its Complaint at para. 7.)

In re Brewer

289 F. 79 · District Court, E.D. North Carolina · Mar 15, 1923

Ricks clearly set forth in the oral arguments and briefs. … The Chief justice proceeds to discuss the facts established by the answer and evidence, concluding that they established proof of an assent to the legacy. Crist v. Crist, 1 Ind. 570 , 50 Am. Dec. 481 , and note.

Blackburn v. Dare County

District Court, E.D. North Carolina · Sep 15, 2020

“To establish Article III standing, the plaintiff seeking compensatory relief must have ‘(1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to … Finally, plaintiffs cite Arkansas Game & Fish Comm’n for the proposition that “if a government action would qualify as a taking when permanently continued, temporary actions of the same character would also qualify as

Pamlico-Tar River Foundation v. U.S. Army Corps of Engineers

329 F. Supp. 2d 600 · District Court, E.D. North Carolina · Aug 6, 2004

The following day, PCS submitted its own motion to dismiss pursuant to the same rules, asserting the federal defendants’ sovereign immunity, plaintiffs lack of standing, and plaintiffs failure to state a claim in all counts … The materials identified uplands in the area south of Highway 33 as well as establishing PCS’s land ownership in the area.

Securities and Exchange Commission v. Perkins

District Court, E.D. North Carolina · Jan 2, 2020

Given these contentions, it does not clearly appear on the face of the complaint that a Rule 506 exemption applies. See Goodman v. … Company revenue and contract status are clearly material information for investors.

Cawthorn v. Circosta

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

The challenge must be made by a qualified voter registered in the same district as the office for which the candidate has filed. Jd. … The Board insisted that the 1872 Act is limited in scope as “established by the action of the U.S.

White v. United States Environmental Protection Agency

District Court, E.D. North Carolina · Jun 18, 2024

Accordingly, White must show clearly that his APA claims are likely to succeed. Because that boils down to the Amended Rule’s fidelity to Sackett, the Court starts with that decision. … Congress, moreover, has clearly defined the “boundaries of [the Agencies’ □ authority” through § 1362(7).

Taylor v. Bettis

976 F. Supp. 2d 721 · District Court, E.D. North Carolina · Sep 30, 2013

These same courts have recognized, however, that Reves did not establish blanket immunity from RICO liability on outside professionals. … As the E & D Defendants correctly note, Plaintiffs fail to include any allegations in the Amended Complaint which could establish that any of the E & D Defendants could qualify as a credit repair organization under the statute

American Petroleum Institute v. Cooper

681 F. Supp. 2d 635 · District Court, E.D. North Carolina · Jan 26, 2010

No. 109-58, 119 Stat. 594 (establishing renewable fuel program); Energy Independence and Security Act of 2007, Pub.L. No. 110-140, 121 Stat. 1492 (amending renewable fuel program). … If the law "regulates evenhandedly and only indirectly affects interstate commerce, ... the law is valid unless the burdens on commerce are ‘clearly excessive in relation to the putative local benefits.’ ” Envtl. Tech.

Woody v. Aerotek Affiliated Services Inc.

District Court, E.D. North Carolina · Aug 19, 2024

The Fourth Circuit has previously held that: To establish a claim for disability discrimination under the ADA, a plaintiff must prove “(1) that she has a disability, (2) that she is a ‘qualified individual’ for … While plaintiff’s second amended complaint leaves certain details wanting, the court can clearly discern a narrative that plaintiff was allegedly discharged due to her disability.

Teague v. Johnson & Johnson, Inc.

District Court, E.D. North Carolina · Jan 5, 2022

Instead, “[p]laintiff’s medical records clearly indicate[d] that her instrumentation was not defective.” Id. at *4. … Nov. 2, 2020) (“The Complaint does not, however, state that Plaintiff suffered from an adverse immune response.”); Hernandez v. Johnson & Johnson, No. 4:20-CV-05136-SMJ, 2021 WL 320612, at *3 (E.D. Wash.

VonBlohn

District Court, E.D. North Carolina · Jul 7, 2026

At the time he was ready to purchase his home, plaintiff alleges that he would have been able to qualify for a 30-year fixed-rate loan with an interest rate of 6.75% or lower or an adjustable-rate loan with an initial … “The party invoking federal jurisdiction bears the burden of establishing” the elements of standing. Lujan, 504 U.S. at 561.