Case law

STALEY v. MCDONOUGH

District Court, M.D. North Carolina · Apr 4, 2025

The Rehabilitation Act declares that: “[n]o otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, … Plaintiff’s allegations of hostile work environment conduct include that her supervisor did not clearly communicate when she would complete her training, that she did not have a desirable temporary workstation in the WRSO

TAYLOR v. CARRIER GLOBAL CORPORATION

District Court, M.D. North Carolina · Sep 23, 2022

This establishes causation and defeats Defendant’s Article III standing challenge. … [A] significant number of cases exist where a plaintiff has clearly suffered its pecuniary loss in a particular state . . . .

FINCH v. BASF CATALYSTS LLC

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

Zurich contends the 1992 orders qualify as new evidence because when it searched for them decades later, the court records were destroyed, consolidated, or misfiled. … None are clearly supported by well- established South Carolina precedent, and the case law that exists supports contrary arguments.

HOWARD v. LABORATORY CORPORATION OF AMERICA

District Court, M.D. North Carolina · Aug 8, 2024

“In other words, in the interest of providing fair warning of what the law intends to do if a certain line is passed, [a court] will construe this criminal statute strictly and avoid interpretations not clearly warranted … Indeed, whether the interplay between Defendants’ servers and Navistone’s code qualifies as a “device” or “appatatus” is a fact intensive inquity that implicates novel questions.

FOX v. CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION

District Court, M.D. North Carolina · Mar 31, 2025

A school’s responses “do not become ‘clearly unreasonable’ simply because a victim or his parents advocated for stronger remedial measures,” id. … Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

THE BINSKY CORPORATION, d/b/a ADVANTAGE FOOD & BEVERAGE v. USCONNECT LLC and GLOBALCONNECT LLC

District Court, M.D. North Carolina · Jul 31, 2026

Court may consider that submission, as the Complaint relies on the Agreement (see, e.g., Docket Entry 1, WI 14-15 (describing and quoting extensively from the Agreement)), its terms qualify … as clearly integral to Plaintiff’s claims, including for breach of contract (see id.

SIMS

District Court, M.D. North Carolina · Nov 26, 2025

The ALJ subsequently ruled that L.D.S. did not qualify as disabled under the Act. (Tr. 7-33.) … CONCLUSION Plaintiff has not established an error warranting remand.

North Carolina Alliance for Transportation Reform, Inc. v. United States Department of Transportation

151 F. Supp. 2d 661 · District Court, M.D. North Carolina · Jun 4, 2001

. § 1988 , the Supreme Court further clarified prevailing party status: [T]o qualify as a prevailing party, a civil rights plaintiff must obtain at least some relief on the merits of his claim. … Plaintiffs further allege that the need for the project was never definitively established in the FEIS. Defendants also refute this allegation. a.

CLEMONS v. THE CITY OF GREENSBORO

District Court, M.D. North Carolina · Mar 1, 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. … Importantly, respondeat superior cannot establish Section 1983 liability. Monell, 436 U.S. at 691.

NEW V. THERMO FISHER SCIENTIFIC, INC.

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

be clearly established in order to be meaningful.” … discrimination by pointing to” a comparator, “[t]he similarity between comparators . . . must be clearly established in order to be meaningful.” Lightner, 545 F.3d at 265.

Covington v. North Carolina

316 F.R.D. 117 · District Court, M.D. North Carolina · Aug 11, 2016

In sum, the district-specific evidence clearly demonstrates that race predominated in drawing Senate District 32. 8. … However, the evidence establishes that it was divided on the basis of race.

HEDRICK v. AT&T UMBRELLA BENEFIT PLAN NO. 1

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

Pursuant 4 After the initial twenty-four month period, a participant would continue to be considered disabled if she is determined to the Plan, for a claimant to qualify for long-term disability benefits, she must have … The Fourth Circuit has established an eight-factor, non-exclusive analytical framework for assessing the reasonableness of a plan administrator’s decision (“Booth factors”).

BEATTY

District Court, M.D. North Carolina · Feb 18, 2026

qualify.”). … ] action that neither contained a justiciable issue,” or “[e]ven if [the plaintiff] did not know the Complaint lacked a justiciable issue when it was filed, [the plaintiff] was clearly

BANKS v. ALAMANCE-BURLINGTON BOARD OF EDUCATION

District Court, M.D. North Carolina · Jul 8, 2025

To meet the burden as to the fourth factor, it is sufficient for a plaintiff to present evidence that an employer replaced the plaintiff with someone outside the protected class who was comparably qualified. … City of Wilmington, N.C., 545 F.3d 260, 265 (4th Cir. 2008) (“The similarity between comparators and the seriousness of their respective offenses must be clearly established in order to be meaningful.”).

BELTON v. FIELDS

District Court, M.D. North Carolina · Apr 14, 2025

immunity and [] 10 Plaintiff’s claims otherwise fail as a matter of law.” … id., Plaintiff “must support [his] assertion[s] by: (A) citing to particular parts of materials in the record . . .; or (B) showing that the materials cited [by Defendants] do not establish

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. V STEIN

District Court, M.D. North Carolina · Jun 12, 2020

Food Lion does not immunize these subsections because, unlike the claims in that case, these subsections expressly single out speech. … The statute in Moreno created statutory classifications which were “clearly irrelevant to the stated purposes of the Act.” Id. at 534.

BONE v. UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM

District Court, M.D. North Carolina · Mar 8, 2024

Though all Plaintiffs therefore qualify as prevailing parties, the full nature of the relief, which matters for the scope of the fees and expenses to which Plaintiffs are entitled as prevailing … However, she is clearly a highly credentialed attorney, and her many years of experience justify a higher rate.

TUCKER v. CYBERLUX CORPORATION

District Court, M.D. North Carolina · Aug 14, 2025

Due to its “extraordinary” nature, courts cannot grant preliminary injunctive unless “the movant has clearly carried the burden” of persuasion on all four factors. See Guy Carpenter & Co. v. … Instead, Plaintiffs reach for a nuclear alternative, asking this Court to “establish[ ] Identical Receivership as was in State Court prior to” removal. See Dkt. 20 at 18.

PRATT v. KIJAKAZI

District Court, M.D. North Carolina · Oct 6, 2021

See 20 C.F.R. 8 §§ 404.1513a(b)(1), 416.913a(b)(1) (state agency medical consultants are “highly qualified and experts in Social Security disability … The ALJ’s decision also includes a well-supported analysis of Plaintiff’s alleged need for a cane, and clearly explains his finding that no limitation was warranted. (Tr. 32-33.)

NEW V. THERMO FISHER SCIENTIFIC, INC.

District Court, M.D. North Carolina · Aug 7, 2020

The terms of New’s employment were set out in three different documents which, taken together, establish the contractual relationship between her and Thermo. (Id. ¶ 14.) … Whether or not these qualify as grounds, on July 20, 2018, New was removed from a major merger/acquisition project. (Id. ¶ 77.)