Case law

Small v. Smithfield Foods Inc.

District Court, E.D. North Carolina · Jul 23, 2025

Small has demonstrated appropriate evidence of inability to pay the required court costs, and his FMLA retaliation claim against Defendant Smithfield Foods, Inc. is not clearly frivolous. … REVIEW Pursuant to 28 U.S.C. § 1915(e)(2)(B), the court shall dismiss the complaint if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks money damages from a defendant immune

Sharpe v. Winterville Police Department

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

immunity barred Sharpe’s claim against Helms. … A court should grant the motion ifthe moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law.” Park Univ. Enters., Inc. v.

Centeno v. Tripp

District Court, E.D. North Carolina · Jun 30, 2020

A motion for judgment on the pleadings should be granted if “the moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law.” … North Carolina law abrogates public official immunity for sheriffs when a plaintiff names a sheriff in his official capacity and adds the sheriff's surety as a party to the action, but not when the sheriff is named individually

United States v. MacDonald

37 F. Supp. 3d 782 · District Court, E.D. North Carolina · Aug 8, 2014

Moreover, the Government explicitly qualified in the agreement that it was not conceding the merits of any future IPA motion filed by MacDonald. … The term “manifest” is defined under the IPA to mean “that which is unmistakable, clear, plain or indisputable and requires that the opposite conclusion be clearly evident.” § 3600(a)(10)(C)(ii).

Beam v. Southeastern Freight Lines, Inc.

District Court, E.D. North Carolina · Aug 20, 2020

This court can modify or set aside a magistrate judge’s order if the order is “clearly erroneous” or “contrary to law.” 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a). … As for SEFL’s motion for summary judgment concerning Beam’s ADA claim, to establish a prima facie case, Beam must “produce evidence sufficient to demonstrate that (1) he was a qualified individual with a disability; (2)

Golden Corral Corp. v. Illinois Union Insurance Company

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

A court should grant the motion if “the moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law.” Park Univ. … Moreover, the phrase “by a peril insured” qualifies the “physical loss, damage or destruction” language.

Okyere v. John Bean Technologies Corporation

District Court, E.D. North Carolina · Dec 22, 2020

Inc., 816 F.3d 228, 236-38 (4th Cir. 2016); see also 29 C.F.R. § 1630.2(g)(2) (“An individual may establish coverage under any one or more of these three prongs of the definition of disability.”). … A plaintiff “clearly engage[s] in protected activity by submitting a request for accommodation” when he or she is “disabled within the meaning of the ADA.” See Jacobs, 780 F.3d at 577.

Petition of United States

303 F. Supp. 1282 · District Court, E.D. North Carolina · Aug 14, 1969

The evidence abundantly establishes negligence on the part of the shipowner. … Clearly Cloud is entitled to 18 days loss of earnings. His base pay was *1319 $856.47 per month.

Dahlman

District Court, E.D. North Carolina · Dec 11, 2025

questioned the use of the label “HQ” next to certain staff members’ names on the school’s website, when those individuals lacked proper North Carolina Department of Public Instruction credentials to be designated as “highly qualified … Persons who make reports to the Department of Social Services in good faith are immune from civil liability. Jd. § 7B-309.

B & B Crane Service, LLC v. Dragados USA, Inc.

District Court, E.D. North Carolina · Oct 18, 2019

On February 27, 2018, Dragados requested a quote from B & B Crane for leasing a crane, a qualified operator, pile hammer driver, leads, and other equipment fora construction project on an interstate highway in Durham, … A coin should grant the motion if “the moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law.”. Park Univ. Enters. Vv. Am.

Ricketts v. Wake County Public School System

District Court, E.D. North Carolina · Jan 3, 2022

See Coleman, 626 F.3d at 191 ([T]he complaint fails to establish a plausible basis for believing . . . that race was the true basis for [defendant’s conduct].”). … immunity-based motion to dismiss.”

Pone v. Town of Hope Mills

District Court, E.D. North Carolina · Jan 8, 2020

2011) 3 Because dismissal is warranted on this basis, the court does not reach defendant’s argument that plaintiff’s alleged speech did not concern a matter of public interest, or that defendant Adams is entitled to qualified … immunity.

Morris v. CrossCountry Mortgage, LLC

District Court, E.D. North Carolina · Apr 20, 2023

At the pleading stage, a plaintiff must “clearly allege facts demonstrating each element of [standing].”” Spokeo, 578 U.S. at 338 (2016) (internal quotation, alteration, and citation omitted); see also Overbey v. … Mayor of Baltimore, 930 F.3d 215, 227 (4th Cir. 2019) (plaintiff must plausibly allege facts which, taken as true, establish standing).?

Wendell

District Court, E.D. North Carolina · Jun 5, 2026

In such a review, the court must determine whether the action is “frivolous or malicious,” “fails to state a claim upon which relief can be granted,” or “secks monctary relief from an immune defendant, and is thereby subject … Hernandez, 504 U.S. 25, 32-33 (1992) (“[A] court may dismiss a claim as factually frivolous only if the facts alleged are clearly baseless, a category encompassing allcgations that are fanciful, fantastic, and delusional

Buckman v. Bombardier Corp.

893 F. Supp. 547 · District Court, E.D. North Carolina · May 30, 1995

situation, as identified in the letter and the bulletin, I believe, was the surrounding circumstance as to where that ignition cut off, if it were to occur, and the hazards around that” and that “in a congested area, as we very clearly … These witnesses would require specialized knowledge or experience in order to testify on these matters, requiring defense counsel to lay a foundation to qualify them to testify as experts.

Lewis v. Council

291 F. 148 · District Court, E.D. North Carolina · Jul 6, 1923

Spindle, trustee, appointed and qualified. This bill was brought July 18, 1921. In his amended answer defendant alleges the bankruptcy of J. R. … Council & Co., Incorporated, by any of its officers, is that at some date, not clearly fixed, about January, 1920, J. R.

Harris v. Vanderburg

District Court, E.D. North Carolina · Jan 11, 2021

First, Defendant Vanderburg contends there is a “qualified privilege” against the disclosure of tax returns (Am. Mem. Supp. Mot. Quash & Prot. … Order at 7 (stating simply that “Plaintiffs have not established a case for their claim for punitive damages”)).

Soto v. McLean

20 F. Supp. 2d 901 · District Court, E.D. North Carolina · Sep 3, 1998

If defendants qualify either as an “agricultural employer” or as plaintiffs’ employer, then they are bound by the requirements of the AWPA applicable to those categories. … Harvesting tobacco, while certainly difficult, “does not necessitate any special skill or training,” and is “clearly ... unskilled labor.” Barrientos v.

Fanning v. Burnett, Trustee

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

But it has long been recognized that “freedom of contract is a qualified, and not an absolute, right,” West Coast Hotel Co. v. … Congress has the power to establish “uniform laws on the subject of bankruptcies throughout the United States.” U.S. Const. Art. I § 8, cl. 4.

United States v. Atlantic Coast Line R.

206 F. 190 · District Court, E.D. North Carolina · Jul 9, 1913

The mere use of its name in a suit for the benefit of a private suitor cannot extend its immunity as a sovereign government to said private suitor, whereby he can avoid and escape the scrutiny of a court of equity into the … ’ it, to become wet, lost, injured, or destroyed, or conveying or keeping it in a place or manner that exposes it to depredation, loss, or injury.” y The act complained of, and for which the fine of $50Q was imposed, is clearly