Case law

PRICE v. DURHAM PUBLIC SCHOOLS

District Court, M.D. North Carolina · Feb 18, 2025

To qualify as plausible, a claim needs sufficient factual content to support a reasonable inference of the defendant’s liability for the alleged misconduct. See id. … But this principle applies only in the relatively rare circumstances when all facts necessary to the affirmative defense clearly appear on the face of the complaint.

KNECHT v. KIJAKAZI

District Court, M.D. North Carolina · Mar 27, 2025

Therefore, Plaintiff was tequited to establish that he became disabled prior to that date. … (Tr. at 34-35) In short, the ALJ clearly explained that she relied on Nurse Lamb’s findings along with other evidence, including objective medical evidence and testimony, to find that Plaintiff remained capable of

WATSON v. MOORE

District Court, M.D. North Carolina · Feb 4, 2021

To qualify as plausible, a claim needs sufficient factual content to support a reasonable inference of the defendant’s liability for the alleged misconduct. Id. … Nevertheless, dismissal remains “appropriate when the face of the complaint clearly reveals the existence of a meritorious affirmative defense.” Brooks v.

LAFFITTE v. SAUL

District Court, M.D. North Carolina · Feb 22, 2021

“RFC is to be AL “perform past relevant work’; if so, the claimant does not qualify as disabled. Id. at 179-80. … This error clearly presents an additional and independent basis for remand. In light of the recommended remand, the Court need not reach the final issue presented by Plaintiff.

REAVES v. SAUL

District Court, M.D. North Carolina · Feb 26, 2021

“RFC is to be “perform past televant work”; if so, the claimant does not qualify as disabled. Id. at 179-80. … Forero’s underlying findings clearly support some degree of postural and walking restrictions, both of which were ultimately omitted from Plaintiff's RFC, and it is not cleat how Dr.

HUDSON v. PALM BEACH TAN, INC.

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

Mo. 2020) (“A cell phone user can qualify as a residential telephone subscriber under 47 C.F.R. § 64.1200(¢) and (d).”). Second, in Krakauer v. … Gomez, 577 USS. 153, 156 (2016) (“A text message to a cellular telephone, it is undisputed, qualifies as a ‘call’ within the compass of § 227(b)(1)(A) (iit).””); Murphy v.

Norman v. Tradewinds Airlines, Inc.

286 F. Supp. 2d 575 · District Court, M.D. North Carolina · Aug 21, 2003

If anything, through the combination of the memoranda and the Handbook, Trade-Winds has clearly indicated that it might unilaterally alter any policies in the Handbook at any time. 3 Accordingly, Norman cannot establish, … Norman’s claim must be rejected on the basis of his own allegations, however, because none of these activities qualify as “additional consideration” under North Carolina law.

GREENE v. O'MALLEY

District Court, M.D. North Carolina · Sep 30, 2024

“RFC is to be determined by the ALJ only after that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify as disabled. Id. at 179-80. … 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 articulated so

BRISSON v. SALISBURY HOUSING AUTHORITY

District Court, M.D. North Carolina · Sep 23, 2024

Supp. 2d 563, 566-67 (M.D.N.C. 2004) (rejecting a defendant’s argument that “there is no such entity” when the defendant “clearly had notice of this action and should have known that … However, SHA’s argument overlooks Plaintiff’s contention that she experiences physical “immune system reactions such as mild to severe breathing difficulty” as well as “foggy

OPTOLUM INC. v. CREE INC.

District Court, M.D. North Carolina · Dec 14, 2021

McCreary is qualified to testify as an expert and used a reliable methodology in forming his opinion. (Pl.’s McCreary Resp. … Joiner, 522 U.S. 136, 154 (1997) (Stevens, J., concurring in part and dissenting in part) (“Daubert quite clearly forbids trial judges to assess the validity or strength of an expert’s

LIBERTY INSURANCE UNDERWRITERS, INC., V. BEAUFURN, LLC

District Court, M.D. North Carolina · Sep 23, 2019

.3d at 718–20 (stating that, where a certain legal “determination was necessarily subsumed within the court’s analysis of” a broader issue, that intermediate determination qualified … do not otherwise establish a contract.

WOODARD v. BISIGNANO

District Court, M.D. North Carolina · Aug 19, 2025

The Supplemental Secutity Income Program (SSI), established by Title XVI of the Act as amended, 42 US.C. § 1381 et seq., provides benefits to indigent disabled persons. … that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify as disabled. Id. at 179-80.

STORY v. KIJAKAZI

District Court, M.D. North Carolina · Mar 25, 2024

The Supplemental Security Income Program (SSI), established by ‘Title XVI of the Act as amended, 42 US.C. § 1381 ef seq., provides benefits to indigent disabled persons. … The analysis in the administrative decision clearly connects the evidence to the mental RFC in this case.

NOLAN v. LABORATORY CORPORATION OF AMERICA HOLDINGS

District Court, M.D. North Carolina · Feb 13, 2023

conditions plaintiff must meet in order to qualify for the prize money). … To establish an unfair practice, “the plaintiff must show that it is ‘one that offends established public policy and one that is immoral, unethical, oppressive, unscrupulous or substantially

HATCH v. DEMAYO

District Court, M.D. North Carolina · Oct 21, 2020

Still others may not qualify as ‘judicial records’ at all.” (citing United States v. … Exhibit C does not qualify as an affidavit.

SCOTT v. FULL HOUSE MARKETING, INC.

District Court, M.D. North Carolina · Mar 4, 2024

I don’t know that I’m qualified to answer that. (Rosario Dep. (Doc. 61-2) at 29.) … that: (1) Defendant admitted that it did not send Plaintiff his consumer report in March; (2) Resolve’s client notes from its internal Tazworks software system (Internal Report) establish

NAZZAL v. JAMES

District Court, M.D. North Carolina · Sep 20, 2022

Clearly established North Carolina precedent shows that Petitioner was entitled to a new trial based on the lack of a special verdict sheet combined with the … Accordingly, Petitioner’s proposed new claim qualifies as timely under Section 2254(d)(1) only if it “relates back” to his Petition submitted on December 21, 2021, one day before the expiration

MELVIN, JR. v. SAUL

District Court, M.D. North Carolina · Feb 13, 2020

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. … In the RFC, as written, the AL clearly found that that Plaintif£ could perform “light work as defined in 20 CFR 404.1567(b) and 415.967(b)” with further additional restrictions including to accommodate more limited use

WILSON v. KIJAKAZI

District Court, M.D. North Carolina · Feb 22, 2022

The Supplemental Security Income Program (SSI), established by Title XVI of the Act as amended, 42 U.S.C. § 1381 et seq., provides benefits to indigent disabled persons. … App’x 921, 923 (4th Cir. 2016) (remanding where the “medical record [was] not so one-sided that one could clearly decide, without analysis, that [the listing in question was] not implicated”’)).

HOPE v. SAUL

District Court, M.D. North Carolina · Feb 15, 2022

The Supplemental Security Income Program (SSI), established by Title XVI of the Act as amended, 42 U.S.C. § 1381 et seq., provides benefits to indigent disabled persons. … that REC, the claimant can “perform past relevant work”; if so, the claimant does not qualify as disabled. Id. at 179-80.