Case law

CHGYM LLC v. UNIFY ATHLETICS, LLC

District Court, M.D. North Carolina · Jan 12, 2022

The information that Moavenzadeh accessed without authorization is clearly of business value to Moavenzadeh, a gymnastics coach. … Perhaps a trial may establish different or new facts that weaken any reasonable inference to be drawn from an unauthorized access of business information followed by the establishment of a

DOLS v. O'MALLEY

District Court, M.D. North Carolina · Sep 27, 2024

that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify as disabled. Id. at 179-80. … regarding her symptoms, under the applicable regulations the ALJ’s decision must “contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly

BRYANT

District Court, M.D. North Carolina · Aug 11, 2026

The ALJ subsequently ruled that Plaintiff did not qualify as disabled under the Act. (Tr. 15-33.) … CONCLUSION Plaintiff has not established an error warranting remand.

NORTH CAROLINA STATE CONFERENCE OF THE NAACP v. COOPER

District Court, M.D. North Carolina · Dec 31, 2019

S.B. 824’s central requirement is that every voter present a qualifying photo ID before casting a ballot. 2018 N.C. Sess. Laws 144 § 1.2.(a). … These allegations suffice to establish organizational standing. interest. Id. at 20.

STEWART v. O'MALLEY

District Court, M.D. North Carolina · Sep 24, 2024

Id. at 179.4 Step four then requires the ALJ to assess whether, based on that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify as disabled. Id. at 179-80. … If, at this step, the Government cannot carty its “evidentiary burden of proving that [the claimant] remains able to work other jobs available in the community,” the claimant qualifies as disabled.

ALSTON v. LOCKLEAR

District Court, M.D. North Carolina · Apr 18, 2022

damages against her in her official capacity is barred by sovereign immunity. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989); Kentucky v. Graham, 473 U.S. 159, 169 (1985). … Alston’s risk of glaucoma in November 2016 and in failing to refer him to an eye specialist, that does not establish actual subjective knowledge of his serious medical condition. See Estelle v.

Cosey v. Prudential Insurance Co. of America

900 F. Supp. 2d 640 · District Court, M.D. North Carolina · Sep 30, 2012

Cosey argues that unlike in the LTD benefits plan, this language fails to clearly grant discretion to the plan administrator. … See 29 U.S.C. § 1002 (1) (defining an ERISA plan as "any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer ... to the extent that such plan, fund, or program was established

SUTTON v. KIJAKAZI

District Court, M.D. North Carolina · Sep 28, 2023

However, if the claimant establishes an inability to return to prior work, the analysis proceeds to the fifth step, which “requires the [Government] to prove that a significant number of jobs exist which the claimant could … App’x at 921, 923 (4th Cir. 2016) (“We conclude that Brown’s medical record is not so one-sided that one could clearly decide, without analysis, that Listing 4.04C is not implicated.

WILLIAMS v. O'MALLEY

District Court, M.D. North Carolina · Aug 14, 2024

Tammie 6 A claimant thus can qualify as disabled via two paths through the SEP. … qualify as significant under Fourth Circuit precedent, see McCall v.

LAMBETH v. CITY OF HIGH POINT

District Court, M.D. North Carolina · May 7, 2024

The second claim alleges that the rezoning is arbitrary and capricious, clearly unreasonable, has no foundation in reason and/or is illegal. (Id. ¶ 84.) … In any event, no party has successfully shouldered the burden of establishing subject matter jurisdiction.

MACCREADY v. KIJAKAZI

District Court, M.D. North Carolina · Jan 28, 2022

that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify as disabled. Id. at 179-80. … The AL] noted that “the record does not clearly show that [Plaintiff] would remain so limited, as the restrictions were to be revisited at the next appointment,” but the AL] nevertheless acknowledged that these restrictions

FRAIM v. CHILLY DIL CONSULTING, INC.

District Court, M.D. North Carolina · Jul 25, 2022

In response, Plaintiffs note that as the Trustee of the Trust, William Fraim is clearly a real party in interest. … Thus, William Fraim is clearly a proper patty.

Interstate Narrow Fabrics, Inc. v. Century USA, Inc.

218 F.R.D. 455 · District Court, M.D. North Carolina · Oct 2, 2003

To the extent not inconsistent with the customer’s time requirements, Century shall promptly provide such competitive written quotes and the names of the Qualified Suppliers to Interstate at least ten (10) business days prior … “Product” is expressly defined, clearly and unambiguously, under the Agreement as “knitted or woven elastic or non-elastic products.”

HATCHETT v. FINANCIAL BUSINESS AND CONSUMER SOLUTIONS, INC.

District Court, M.D. North Carolina · Feb 8, 2022

To establish injury in fact, the allegations must be sufficient to show a plaintiff has suffered a concrete harm. Id. at 339–40. … Tangible harms, such as physical harm and monetary harm, “readily qualify as concrete injuries under Article III.” TransUnion, 141 S. Ct. at 2204.

BROWN v. ALLTRAN FINANCIAL, LP

District Court, M.D. North Carolina · Feb 8, 2022

To establish injury in fact, the allegations must be sufficient to show a plaintiff has suffered a concrete harm. Id. at 339–40. … Tangible harms, such as physical harm and monetary harm, “readily qualify as concrete injuries under Article III.” TransUnion, 141 S. Ct. at 2204.

THORPE v. SAUL

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

The Supplemental Security Income Program (SSD), established by ‘Title XVI of the Act as amended, 42 U.S.C. § 1381 et seq,, provides benefits to indigent disabled persons. … As documented in the ALJ’s decision, Plaintiff clearly experienced pain and radicular symptoms from his lumbar degenerative disc disease.

NICHOLSON v. ZIMMERMAN

District Court, M.D. North Carolina · Sep 14, 2020

In any event, a low IQ or other mental disability does not, by itself, suffice to establish incompetency. … CONCLUSION The record does not establish Plaintiff’s incompetency.

OFFICER-FRENCH

District Court, M.D. North Carolina · Aug 27, 2026

If, at this step, the Government cannot carry its “evidentiaty burden of proving that [the claimant] remains able to work other jobs available in the community,” the claimant qualifies as disabled. … ‘Thus, the medical record clearly reflects treatment for migraines/headaches in May and June 2022, and the AL] acknowledged that treatment in the review of the record.

STUART v. GEICO GENERAL INSURANCE COMPANY

District Court, M.D. North Carolina · Nov 14, 2019

Plaintiff argues that this lawsuit qualifies as a “direct action” under this provision. (See, e.g., Docket Entry 14, ¶¶ 14-15.) … “This principle only applies, however, if all facts necessary to the affirmative defense ‘clearly appear[] on the face of the complaint.’” Id.

RUFF v. SAUL

District Court, M.D. North Carolina · Feb 18, 2020

However, if the claimant establishes an inability to return to prior work, the analysis proceeds 3 “REC is a measurement of the most a claimant can do despite [the claimant’s] limitations.” … Under the applicable regulations, the AL]’s decision must “contain specific reasons for _ the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly atticulated