Case law

Covington v. North Carolina

283 F. Supp. 3d 410 · District Court, M.D. North Carolina · Jan 21, 2018

That same day, the Court issued an order directing the parties to confer and, if possible, jointly submit a list of three persons qualified to serve as a special master under Federal Rule of Civil Procedure 53 to assist the … As to the first argument-that the race-blind criterion immunizes the proposed remedial districts from any claim of racial gerrymandering-the Supreme Court long has recognized that a statute enacted by a state legislature

FUMA INTERNATIONAL LLC v. R.J. REYNOLDS VAPOR COMPANY

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

Vallee’s assertions about industry practice are overbroad and conclusory, and none of his observations are clearly rooted in his professional experience. Id. at ¶¶ 94, 100. … Vallee should not be permitted to testify about Fuma’s reasons for waiting two years to assert infringement, as he is not qualified to give an opinion on the matter. Doc. 157 at 28. As discussed supra, Dr.

CLAIBORNE

District Court, M.D. North Carolina · Sep 29, 2025

The Court finds that FedEx has established good cause for modification of the Case Management Order at [527]. … Because FedEx was headquartered in this District during most, if not all, of the timeframe relevant herein,7 this factor weighs slightly against transfer, given that Plaintiffs’ claims also clearly arose in their districts

MCLEAN v. SAUL

District Court, M.D. North Carolina · Aug 12, 2021

that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify as disabled. Id. at 179-80. … These findings are not challenged by Plaintiff, and these findings would clearly support the ALJ’s 20 later determination that Ms.

GAREY v. JAMES S. FARRIN, P.C.

District Court, M.D. North Carolina · Dec 20, 2019

It also established a deadline for filing a motion for class certification of August 31, 2019 (see id. … The DPPA purports to immunize some of these industries from its reach. See 18 U.S.C. § 2721(a)[sic](6), (7).

Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC

141 F. Supp. 3d 428 · District Court, M.D. North Carolina · Oct 20, 2015

The burden of establishing subject-matter jurisdiction is on the plaintiff. Evans v. B.F. … Nov. 26, 2014) (noting that “impoudments and settlement ponds” at a coal mining operation qualify as “point sources”).

GRAHAM v. FORSYTH COUNTY

District Court, M.D. North Carolina · Jul 16, 2025

In late 2017, plaintiff began suffering from health issues that qualified as disabilities, “[s]pecifically ... fibroids, low iton binding capacity anemia, and degenerated discs in her spine.” Id. 4] 13. … 325, 330 (4th Cir. 2000) (“[A]ny invocation of equity to relieve the strict application of a statute of limitations must be guarded and infrequent, lest circumstances of individualized hardship supplant the rules of clearly

Carcaño v. Cooper

350 F. Supp. 3d 388 · District Court, M.D. North Carolina · Sep 30, 2018

Instead, they argue that the complaint on its face simply lacks allegations establishing standing. … as a suspect class for Equal Protection purposes" and "whether Plaintiffs have established a sex stereotyping claim").)

KING v. KIJAKAZI

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

“RFC is to “perform past relevant work’; if so, the clatmant does not qualify as disabled. Id. at 179-80. … In analyzing the opinions, the ALJ clearly explained that he gave the Opinions significant weight because they were consistent overall with Plaintiff's mental status examination findings of record and the conservative

Volumetrics Medical Imaging, Inc. v. ATL Ultrasound, Inc.

243 F. Supp. 2d 386 · District Court, M.D. North Carolina · Jan 29, 2003

In working toward this goal, a “necessary fiduciary relationship” would have to have arisen *404 between Plaintiff and Defendant in order for their relationship to qualify as a joint venture. … It contends that Plaintiff cannot establish “that the alleged statements were of false past or present fact, and it further cannot establish reasonable reliance.” (Def.’s Mot. for Sum. Judg., at 15.)

HUNT v. DEBT ASSISTANCE NETWORK, LLC

District Court, M.D. North Carolina · Sep 24, 2019

The party seeking to compel arbitration must establish an agreement to arbitrate. See In re Mercury Constr. Corp., 656 F.2d 933, 939 (4th Cir. 1981), aff’d sub nom. Moses H. … The DAN Contract clearly and unambiguously states that the ACH Agreement “is included as part of this AGREEMENT.” (DAN Contract (Doc. 8-2) at 2.)

SOUND RIVERS, INC. v. CLAYTON PROPERTIES GROUP, INC.

District Court, M.D. North Carolina · Jun 28, 2024

Under the permit, Clayton must conduct inspections weekly and after eighteen qualifying storms over the relevant time period. (Id. ¶ 118.) … This prong is clearly satisfied.

MCBRIDE v. KIJAKAZI

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

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

ALLEN v. WIRE

District Court, M.D. North Carolina · Aug 10, 2020

inextricably intertwined with those central to the merits, the court should resolve the relevant factual disputes only after appropriate discovery, unless the jurisdictional allegations are clearly … Accordingly, Defendants’ alleged conduct qualifies as private, rather than state, action.

MEBANE V. GKN DRIVELINE NORTH AMERICA, INC.

District Court, M.D. North Carolina · Nov 5, 2020

Under Rule 23(a)(4), a court must also find that class counsel is “qualified, experienced and generally able to conduct the proposed litigation.” McLaurin v. … However, it does not clearly and concisely state, as required under 23(c)(2)(B)(iv), “that a class member may enter an appearance through an attorney if the member so desires.” Fed. R. Civ.

Q.C. v. WINSTON-SALEM/FORSYTH COUNTY SCHOOLS BOARD OF EDUCATION

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

Plaintiffs bear the burden of establishing these elements. Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992). … To make out a claim under Section 504 or Title II5, a plaintiff must prove she: (1) has a disability; (2) is “otherwise qualified to receive the benefits of a public service, program, or activity”; and (3) she was “denied

LOWERY v. FORSYTH COUNTY SHERIFF'S DEPARTMENT

District Court, M.D. North Carolina · Mar 29, 2022

Exhaustion is an appropriate basis for dismissal when “all facts necessary to the affirmative defense ‘clearly appear [] on the face of the complaint.’” Goodman v. … A state actor may be liable under § 1983 if she “subjects . . . an individual to the deprivation of any rights, privileges, or immunities secured by the Constitution.”

VINSON v. ARMSTRONG INTERNATIONAL, INC.

District Court, M.D. North Carolina · Feb 16, 2021

Such evidence, the court held, “creates only a possibility” that the plaintiff was exposed to asbestos introduced by defendants and “clearly fails to place [plaintiff] in close proximity to identifiable asbestos products … Vinson additionally was unable to establish that the motors he was working on contained asbestos.

GARNICK v. WAKE FOREST UNIVERSITY BAPTIST MEDICAL CENTER

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

Since 2015, the Plan has “had at least 1.2 billion dollars in assets under management and 19 thousand participants,” which “qualifies it as a jumbo plan in the defined contribution plan … The first two elements are clearly met. Plaintiffs have alleged the Plan is governed by ERISA, and each Defendant is a fiduciary with supporting factual allegations. (See Am. Compl.

BRUCE-TERMINIX COMPANY v. THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP

District Court, M.D. North Carolina · Mar 1, 2023

within the contractual meaning of “establish a location.” Doc. 89 at 13–16. … Thus, TGH has a “qualified privilege leading to a presumption that” it acted in Terminix’s best interest. Id.