Case law

McBroom v. Western Elec. Co., Inc.

429 F. Supp. 909 · District Court, M.D. North Carolina · Apr 4, 1977

Clearly, if no member of an alleged class has properly invoked the jurisdiction of the court, then the court is powerless to act. … With respect to the relief which an individual claimant may receive, the Congress has established cut-off limits.

Wise v. Richardson

330 F. Supp. 412 · District Court, M.D. North Carolina · Aug 11, 1971

A reading of the legislative history of the amendments clearly discloses that Congress intended for the Secretary and the courts to be more restrictive in considering claims for disability insurance benefits, and intended … Eddins, Jr., a well-qualified and respected internist in Albemarle, North Carolina. Dr. Eddins stated that plaintiff had been a patient of his since February of 1952. In a letter dated May 12, 1969, Dr.

United States v. Articles of Hazardous Substance

444 F. Supp. 1260 · District Court, M.D. North Carolina · Feb 8, 1978

The role of the third factor was qualified somewhat by the recent Supreme Court decision in Commissioner v. Shapiro, 424 U.S. 614 , 96 S.Ct. 1062 , 47 L.Ed.2d 278 (1976). … The affidavits filed by Troxler establish that the seized goods comprise approximately ninety-five per cent of its retail inventory.

Robinson v. Volvo Group North America, LLC

65 F. Supp. 3d 458 · District Court, M.D. North Carolina · Nov 4, 2014

“The similarity between comparators and the seriousness of their respective offenses must be clearly established in order to be meaningful.” Lightner v. City of Wilmington, 545 F.3d 260, 265 (4th Cir.2008). … The record clearly establishes, and Ms. Robinson testified, that she had difficulties with several supervisors over a number of years, all of which were well-documented. (See Doc. 20-1; Doc. 20-2; Doc. 21.)

GUNTER v. SOUTHERN HEALTH PARTNERS, INC.

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

Third, Public Defendants argue that they are entitled to qualified immunity. (Id. at 13.) … Callahan, 555 U.S. 223, 236 (2009) (describing the two-part inquiry for qualified immunity claims); Belcher v.

Equal Employment Opportunity Commission v. PBM Graphics Inc.

877 F. Supp. 2d 334 · District Court, M.D. North Carolina · Jun 28, 2012

In the failure to hire context, an employer’s decision not to give a job to a qualified applicant is clearly an adverse employment action. Thurston v. Am. … assigned] a greater number of work hours to Hispanic temporary workers than to similarly qualified non-Hispanic temporary workers.”

Matlock v. Pitney-Bowes, Inc.

751 F. Supp. 2d 823 · District Court, M.D. North Carolina · Nov 17, 2010

All claims for Plan benefits are paid out of its qualified trust and not out of Pitney Bowes’ assets. … It may, from time to time, establish rules for the administration of the Plan and the transaction of the Plan’s business.

DiPaulo v. Potter

570 F. Supp. 2d 802 · District Court, M.D. North Carolina · Jul 29, 2008

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), the EEO concluded that DiPaulo failed to demonstrate Title VII gender discrimination and failed to establish she was a person with a disability within the … Eligible employees may seek MSPB review of their discrimination claims if the discrimination is the alleged basis of a qualifying adverse personnel action. 8 Id. § 7702(a)(1).

United States v. Aleman

855 F. Supp. 117 · District Court, M.D. North Carolina · Feb 23, 1994

Legal Standard The Fifth Amendment’s double jeopardy clause creates “the right to be immune from multiple prosecutions for the same offense.” United States v. Ragins, 840 F.2d 1184, 1192 (4th Cir.1988). … The evidence at the double jeopardy hearing *122 and at the earlier trial of one of Defendant’s North Carolina co-conspirators clearly established a North Carolina conspiracy dating back to 1980.

Food Lion, Inc. v. Capital Cities/ABC, Inc.

887 F. Supp. 811 · District Court, M.D. North Carolina · Mar 21, 1995

Food Lion’s conclusion depends on the key assumption that undercover reporting necessarily entails criminal conduct which would qualify as a predicate act such as mail or wire fraud. … Food Lion has not established open-ended continuity. Food Lion also attempts to establish that Defendants’ predicate acts have closed continuity.

Turner v. Barber-Scotia College

604 F. Supp. 1450 · District Court, M.D. North Carolina · Mar 12, 1985

Although both were clearly well qualified for the job, a question arises whether near the end of their tenures (used in the nontechnical sense of the word) at BSC, Turner and Goetzman were performing satisfactorily according … Therefore, it is concluded that plaintiffs have failed to establish a prima facie case of racial discrimination.

Gladden v. Winston Salem State University

495 F. Supp. 2d 517 · District Court, M.D. North Carolina · May 9, 2007

It is clearly alleged in the Complaint that Mr. Gladden engaged in protected activity by filing a charge of discrimination with the EEOC and subsequently suffered adverse action when his employment was terminated. … Gladden was discharged following the expiration of his protected FMLA leave period, which has yet to be established.

Gentry v. Uniform Judicial Retirement System

378 F. Supp. 1 · District Court, M.D. North Carolina · Jul 29, 1974

This establishes the proper test to apply in evaluating the Equal Protection contention. … Since the legislative action in this case clearly falls within the “area of economics and social welfare,” the classification must be upheld so long as it “has some ‘reasonable’ basis.” Dandridge v.

Nance v. Potter

225 F. Supp. 2d 638 · District Court, M.D. North Carolina · Sep 24, 2002

On December 18, 1997, the USPS issued a final agency decision dismissing Plaintiffs complaint, finding that Plaintiff had not established that he was a qualified individual with a disability within the meaning of the Rehabilitation … This conclusory assertion is insufficient to establish a prima facie case of retaliation. Goldberg v. B.

Beck v. Hurwitz

380 F. Supp. 3d 479 · District Court, M.D. North Carolina · May 21, 2019

Karen Winkfield, an experienced and well-qualified radiation oncologist at Wake Forest Baptist Comprehensive Cancer Center who has reviewed Ms. … In her motion, she laid out the delays in her medical treatment to date and clearly stated that BOP was not providing timely treatment for her breast cancer. Id. With Ms.

Julsaint v. Corning, Inc.

178 F. Supp. 2d 610 · District Court, M.D. North Carolina · Dec 5, 2001

For example, an employee that is discharged may establish an inference of discrimination by showing that after his dismissal, either the position was filled with a similarly qualified individual not within the protected class … or the employer held the position open and continued to seek applicants from similarly qualified candidates outside the protected class.

North Carolina Growers' Association, Inc. v. Solis

644 F. Supp. 2d 664 · District Court, M.D. North Carolina · Jun 29, 2009

Meyer, 510 U.S. 471, 475, 484-86 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (stating that federal courts may not exercise jurisdiction against the United States or one if its agencies unless the federal defendant has clearly … waived its sovereign immunity from suit).

Cromer v. Perdue Farms, Inc.

900 F. Supp. 795 · District Court, M.D. North Carolina · Sep 26, 1994

The court therefore finds that Plaintiff has established a prima facie case of discrimination under the McDonnell Douglas scheme. … CONCLUSION Plaintiff has failed to establish a claim of discrimination based upon her race.

Andrews v. Fitzgerald

823 F. Supp. 356 · District Court, M.D. North Carolina · Jun 7, 1993

Documation, Inc., 674 F.2d 253 (4th Cir.1982) established that the timeliness of a civil action under section 10(b) was *365 determined by reference to the state statute of limitations that “most clearly addresses the same … The monthly condominium payments clearly show that future payments were contemplated by the parties.

MUHAMMAD

District Court, M.D. North Carolina · Nov 6, 2025

with no comprehensible facts,” id. at 3, and despite legal authority establishing that “clerks of court in North Carolina are generally entitled to immunity for their quasi-judicial conduct,” … Here, the Verified Complaint qualifies as frivolous on many fronts.