Case law

NORTH CAROLINA GROWERS'ASS'N, INC. v. Solis

644 F. Supp. 2d 664 · District Court, M.D. North Carolina · Jul 1, 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).

KADEL v. FOLWELL

District Court, M.D. North Carolina · Mar 11, 2020

A state may waive its immunity by participating in such programs, so long as Congress has expressed “a clear intent to condition participation . . . on a State’s consent to waive its constitutional immunity.” … [CRREA] in conjunction with” an applicable nondiscrimination provision “would clearly understand” that it consents to suit for violations of the statute in question.

Sleem v. Yale University

843 F. Supp. 57 · District Court, M.D. North Carolina · Jun 4, 1993

North Carolina appears to have clearly made the choice that presumed damages and presumed malice (strict liability) are the rule where the publication is libelous per se or capable of two reasonable interpretations. … Qualified Privilege Yale argues that even if the prima fade elements are met, it has a defense upon which it is entitled to judgment as a matter of law — the defense of qualified privilege.

JONES v. ALVAREZ

District Court, M.D. North Carolina · Jul 5, 2022

But if Defendants establish that Plaintiff failed to show a violation of a clearly established constitutional right, qualified immunity shields Defendants from liability. … And in the absence of a constitutional violation, qualified immunity applies and the court need not address whether the constitutional right in question was clearly established

Williams v. Currie

103 F. Supp. 2d 858 · District Court, M.D. North Carolina · Jul 5, 2000

Moreover, this rule against discrimination is clearly established by Supreme Court precedent. … Therefore, for more than twenty years, the rule against gender discrimination has been clearly established by Supreme Court precedent.

Tilley v. United States

270 F. Supp. 2d 731 · District Court, M.D. North Carolina · Jul 11, 2003

Tilley can qualify as deductions for Thomas Tilley. Nor does Mr. … Iris Til- *746 ley, or “Tilley-Six Inc.” are not sufficient evidence to satisfy the burden of establishing deductible amounts for Thomas Tilley.

STOLLARD v. GWYNN

District Court, M.D. North Carolina · Feb 17, 2021

The defendant bears the burden of establishing that a prisoner failed to exhaust administrative remedies. See Jones v. … immunity.

Bauberger v. Haynes

666 F. Supp. 2d 558 · District Court, M.D. North Carolina · Oct 27, 2009

Furthermore, “[u]nder clearly established Supreme Court case law, an influence is ... … In sum, to be sure it is by now clearly established under the Supreme Court’s Sixth Amendment cases that the mere fact that an influence is “legal terminology” does not immunize it from the Sixth Amendment.

SIDES v. KIMBROUGH

District Court, M.D. North Carolina · Jan 9, 2024

at 4); (11) Plaintiff’s “Complaint alleges facts necessary to overcome qualified immunity” (id. at 5); (i111) Plaintiff “sufficiently pled a claim based on failure to train” (id. … at 7); and (iv) “Forsyth [County] has waived governmental immunity” (id. at 8).

HOSEY v. TOWN OF LANDIS, NORTH CAROLINA

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

immunity. … The Court, therefore, need not address whether Defendants are entitled to qualified immunity as a defense to Plaintiff’s alleged Fourteenth Amendment violation as Plaintiff has failed to state any such claim.

PATTERSON v. CITY OF GRAHAM

District Court, M.D. North Carolina · Sep 15, 2025

“Non-outsiders often enjoy qualified immunity from liability for inducing their corporation or other entity to breach its contract with an employee.” Id. … Because “the tortious interference allegations against [Individual Defendants] suggest motives other than malice,” Individual Defendants are “properly afforded qualified immunity as . . . corporate insider[s],” warranting

Shumaker Ex Rel. Shumaker v. United States

714 F. Supp. 154 · District Court, M.D. North Carolina · Jul 15, 1988

The particular standard of care to be applied must usually be established by expert testimony, Fitzgerald, 679 F.2d at 347 ; Beaver v. … Cone Hospital, 319 N.C. 372 , 354 S.E.2d 455 (1987), the Supreme Court of North Carolina held an entity which clearly qualified as a “hospital” to a reasonable man or ordinary care standard with regard to certain general

Smith v. Jefferson Pilot Financial Insurance

367 F. Supp. 2d 839 · District Court, M.D. North Carolina · Feb 9, 2005

Nevertheless, when Congress expresses its intention clearly to supersede state law, the Supremacy Clause establishes that federal law preempts any state law that conflicts either directly, by implication, or by express provision … Smith’s disability policies qualify as welfare benefit plans, and are, therefore, employee benefit plans governed under ERISA. In her suit, Ms.

Royster v. Costco Wholesale Corp.

378 F. Supp. 2d 595 · District Court, M.D. North Carolina · Mar 28, 2005

Under the.burden shifting scheme established by McDonnell Douglas Corp. v. … Even though Plaintiffs complaint clearly alleges a failure to hire claim, Defendant supplies a “failure to promote” analysis in their motion papers (pp. 13-15), since Plaintiff was clearly employed by Defendant at the time

Newby v. Whitman

340 F. Supp. 2d 637 · District Court, M.D. North Carolina · Oct 14, 2004

If an individual establishes that he is disabled, the Rehabilitation Act then requires him to establish that he is “otherwise qualified” to perform the essential functions of the position with or without reasonable accommodation … Transfer or Reassignment as a Reasonable Accommodation To establish a claim under the Rehabilitation Act, Plaintiff must establish that he is “otherwise qualified” to perform the essential functions of the position with or

Swaim v. Westchester Academy, Inc.

208 F. Supp. 2d 579 · District Court, M.D. North Carolina · Jun 21, 2002

Although Plaintiff is clearly a member of a protected class and has suffered an adverse employment action by having her contract term reduced, she has failed to establish the other elements required for a prima facie case … Clearly, these administrators knew that Plaintiff had a valid and enforceable contract with West-chester.

PLANNED PARENTHOOD OF CENTRAL NC. v. Cansler

804 F. Supp. 2d 482 · District Court, M.D. North Carolina · Aug 19, 2011

The Eighth Circuit construed the statute in Dempsey to allow Planned Parenthood to qualify for family planning funds by establishing an independent affiliate to perform abortion services. … However, in the present case, Section 10.19 does not allow Planned Parenthood to qualify for family planning funds by establishing an independent affiliate to perform its abortion services.

ORTIZ v. SMITH

District Court, M.D. North Carolina · Nov 12, 2024

Here, the Complaint does not contain facts establishing that Plaintiff is disabled within the meaning of the ADA. … The Complaint appears to contain no allegations at all regarding Defendant Bullard and, therefore, clearly fails to state any claim against him.

VOTAW v. CARTHENS

District Court, M.D. North Carolina · Aug 25, 2021

For non-prosecutorial conduct, such as conducting a child abuse investigation, social workers have qualified immunity. See Renn By & Through Renn v. Garrison, 100 F.3d 344, 349 (4th Cir. 1996); Evans v. … It applies here since the facts as alleged do not show the violation of a clearly established constitutional right. See Pearson v. Callahan, 555 U.S. 223, 232 (2009); Doe ex rel. Johnson v. S.C. Dep’t of Soc.

LEWIS

District Court, M.D. North Carolina · Aug 6, 2026

A protects public officials from personal sheriff is a public official for purposes liability, governmental immunity of public official immunity. … And it is governmental “Public official immunity, a judicially- immunity that a county can waive created doctrine, is ‘a derivative form’ under certain circumstances with the of governmental immunity which