Case law

BECK v. KIJAKAZI

District Court, M.D. North Carolina · Dec 18, 2023

she did not so qualify from February 14, 2020, to August 25, 2022. … Such relatively minor differences, however, do not establish that Plaintiff’s house manager job qualified as composite. See Joe N. v. Commissioner of Soc.

Badgett v. Federal Express Corp.

378 F. Supp. 2d 613 · District Court, M.D. North Carolina · Apr 7, 2005

Third, FedEx asserts Plaintiff cannot establish essential elements of her emotional distress claims. A. … The beginning step of the court’s analysis under McDonnell Douglas is whether Plaintiff has established a prima facie case.

CHISHOLM v. MOUNTAIRE FARMS OF NORTH CAROLINA CORP.

District Court, M.D. North Carolina · Sep 21, 2022

Nor does this case present the limited circumstances where an affirmative defense can be reached on a motion to dismiss where “all facts necessary to the affirmative defense ‘clearly appear[] on the face of the complaint … Disability Discrimination Claim To establish a prima facie case for disability discrimination, a plaintiff must show that “(1) he ‘was a qualified individual with a disability’; (2) he ‘was

Pan-American Products & Holdings, LLC v. R.T.G. Furniture Corp.

825 F. Supp. 2d 664 · District Court, M.D. North Carolina · Nov 14, 2011

Pan-American alleges its e-mail “clearly reflects the parties’ agreement that the designs to the Retro Collection would remain the property of Pan-American.” (Doc. 23 ¶ 35.) … Under North Carolina law, for example, a defendant qualifies as an alter ego of another defendant when the plaintiff establishes three elements: (1) Control, not mere majority or complete stock control, but complete domination

SYKES v. SAUL

District Court, M.D. North Carolina · Feb 2, 2021

The ALJ subsequently ruled that Plaintiff did not qualify as disabled under the Act. (Tr. 20-32.) … CONCLUSION Plaintiff has established an error warranting relief.

FOOTMAN v. SAUL

District Court, M.D. North Carolina · Nov 16, 2020

The Commissioner’s regulations clearly accord claimants the right to present witnesses at administrative hearings. … CONCLUSION Plaintiff has not established grounds for relief.

Harrold v. Coble

261 F. Supp. 29 · District Court, M.D. North Carolina · Dec 5, 1966

Coble Construction Company was established in January of 1952, when a profit-sharing plan and trust agreement was entered into between H. L. … I believe you are already aware that a lump sum payment of this nature qualifies for long term capital gains treatment in your Federal Income Tax Return for the year in which it is received.

CLINTON v. SLAGLE

District Court, M.D. North Carolina · Nov 9, 2022

immunity cases ‘usually means adopting . . . the plaintiff’s version of the facts.’” … (Id.; accord 6 Moreover, because Defendant’s qualified immunity argument rests entirely on the premise that “Plaintiff has not demonstrated a violation of a constitutional right” (Docket Entry

DAWKINS v. STALEY

District Court, M.D. North Carolina · Jan 27, 2023

that: (1) Dawkins has failed to state a claim upon which relief can granted for an alleged violation of his rights under § 1983; (2) Dawkins’s claims are barred by governmental immunity … Both state court orders which Dawkins seeks to avoid undoubtedly qualify as being “uniquely in furtherance of the state courts’ ability to perform their judicial functions.”

Shavitz v. City of High Point

270 F. Supp. 2d 702 · District Court, M.D. North Carolina · Jul 9, 2003

“To establish standing, a party must establish, as ‘the irreducible constitutional minimum,’ three elements: (1) that it has suffered an injury in fact that is both concrete and particularized and ‘actual or imminent, not … rights, privileges and immunities guaranteed by the Due Process Clause .... ” (Comply 91.)

United States v. Penniegraft

357 F. Supp. 2d 854 · District Court, M.D. North Carolina · Feb 7, 2005

The Court need not reach the question of whether a pre-Booker sentence would qualify as “clear error” under Rule 35, since the Court lacks jurisdiction to act under Rule 35. … Sanders, 247 F.3d 139, 144 (4th Cir.2001) (holding that the defendant must ordinarily establish ‘cause’ for failing to raise the issue on direct appeal, as well as actual prejudice).

Common Cause v. Rucho

318 F. Supp. 3d 777 · District Court, M.D. North Carolina · Aug 27, 2018

Id. at 3, 15-19 ("These simulation results clearly reject any notion that an effort to protect incumbents might have warranted the extreme partisan bias observed in the [2016 Plan]."). … Additionally, Plan 2-297 does not divide Bladen County, nor does it divide Johnston County as clearly along partisan lines. Second Chen Decl. 3.

S.S. v. MOORE COUNTY

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

But a plaintiff need not plead facts sufficient to establish a prima facie case. McCleary-Evans, 780 F.3d at 585. … To bring a claim under either statute, a plaintiff must establish: “(1) they have a disability; (2) they are otherwise qualified to receive the benefits of a public service

NELSON v. ROCKINGHAM COUNTY

District Court, M.D. North Carolina · Feb 20, 2024

Clearly established case law holds that Mr. Nelson’s actions can support neither an atrest not conviction for NCGS §14-223 Resist, Delay, or Obstruct). See State v. Humphreys, 853 S.E.2d 789 (N.C. Ct. … immunity, consideration of those issues would address the same matters at issue in the state criminal proceeding and would interfere in the state proceedings.

Gregory v. Durham County Board of Education

591 F. Supp. 145 · District Court, M.D. North Carolina · May 24, 1984

Defendant Board of Education is a corporate governmental body established pursuant to N.C.Gen.Stat. §§ 115C-1, et seq. … Toggerson’s article infringed legally cognizable interests of Yeager as Superintendent which he had a qualified privilege under law to protect. Goforth v.

Glendale Neighborhood Ass'n v. Greensboro Housing Authority

901 F. Supp. 996 · District Court, M.D. North Carolina · Jun 8, 1995

Sovereign immunity appears to be a substantial obstacle to such relief. … H-81-2 clearly provides that a determination of the sufficiency of housing opportunities for minority families includes consideration of “local conditions.”

Brown v. Brannon

399 F. Supp. 133 · District Court, M.D. North Carolina · Jul 28, 1975

The provisions of this article shall not apply to a regularly established and licensed hospital, sanitarium, nursing home, nor to an office or clinic operated and regularly used by a duly qualified and licensed medical practitioner … by hand or mechanical device. (2) ‘Massage Business' means any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, and massage studios

MCCREARY

District Court, M.D. North Carolina · Jan 20, 2026

The ALJ subsequently ruled that Plaintiff did not qualify as disabled under the Act. (Tr. 38- 55.) … Because Plaintiff has clearly not presented the evidence required by SSR 19-4p to establish migraine headaches as a medically determinable impairment, she has failed to show any error by

ABDEL-MALAK v. PEOPLE OF THE STATE OF CALIFORNIA

District Court, M.D. North Carolina · Dec 28, 2020

Analysis Abdel-Malak has not carried his burden to establish federal jurisdiction in this matter. … Indeed, the insufficiency of the Petition rises to such a level that it qualifies as frivolous. See generally Neitzke v.

Flatiron-Lane v. Case Atlantic Co.

121 F. Supp. 3d 515 · District Court, M.D. North Carolina · Aug 4, 2015

For this reason alone, Case has failed to establish any right to relief for the change in shaft size. … As Case and F & D argue, FLJV does not qualify as a claimant on the payment bond, prohibiting recovery.