Case law

Neville v. McCaghren

District Court, W.D. North Carolina · Jul 13, 2020

In addition to establishing one of the six grounds enumerated in Rule 60(b), the movant must also establish that his motion was timely filed, that he has a meritorious defense to the action, and that there would be no … As such, neither of those grounds qualify as “newly discovered evidence” that would justify his Motion under Fed. R. Civ. P. 60(b).

Williams v. Commissioner of Social Security

District Court, W.D. North Carolina · Mar 29, 2021

established by the Social Security Administration for determining if a person is disabled. … “[I]n light of the evidence raised by Plaintiff that was not addressed by the ALJ, the Court concludes as in Brown that the medical evidence related to Plaintiff's back condition ‘is not so one-sided that one could clearly

Miller v. Charlotte-Mecklenburg Schools Board of Education

District Court, W.D. North Carolina · Aug 11, 2021

The team determined J.M. did not qualify for special education services. (Id.). The team noted that, despite the diagnosis, J.M. … Qualifying students are provided a FAPE through an Individualized Education Plan (“IEP”). 20 U.S.C. §§ 1401(9)(D), 1414(d).

Watkins v. Blackmon

District Court, W.D. North Carolina · Feb 23, 2021

The Plaintiff appears to allege that his property loss resulted from random, unauthorized action rather than an established state procedure. … “The objective component asks whether the force applied was sufficiently serious to establish a cause of action.” Id.

Engle v. Berryhill

District Court, W.D. North Carolina · Jul 10, 2019

§ 404.1530 clearly states that to “get benefits, you must follow treatment prescribed . . . if this treatment is expected to restore your ability to work.” § 404.1530(a) (emphasis added). … App'x 795 (4th Cir. 2012) (“The claimant bears the burden of providing evidence establishing the degree to which her impairments limit her RFC.”) (citations omitted).

M.E. ex rel. C.E. v. Board of Education

186 F. Supp. 2d 630 · District Court, W.D. North Carolina · Feb 11, 2002

A follow-up meeting was set for June 1997 at which time it was determined CE no longer qualified for special education services and he was removed from the program. Id. … Clearly, the County had the burden of proof at the administrative level to show that the IEP developed for CE would have provided him with a FAPE. ES v. Independent Sch. Dist.

Cramer v. Ethicon, Inc.

District Court, W.D. North Carolina · Jan 25, 2021

Plaintiff’s allegations clearly focus on the bodily injuries she allegedly has sustained and do not mention any actual “disease.” … the exact time of injury (when the disease process started) and (3) it is difficult to establish that the disease was caused by the product.”

North Carolina Ex Rel. Cooper v. Tennessee Valley Authority

593 F. Supp. 2d 812 · District Court, W.D. North Carolina · Jan 13, 2009

Although the underlying mechanisms for these effects are not entirely understood, it is likely that they have their root in the inflammation and changes in immune function that result from PM exposure. … It is well-established in the scientific literature that ozone contributes significantly to these bad health effects, even at or below NAAQS levels. Id. at 920. 49.

Love v. Lassiter

District Court, W.D. North Carolina · Oct 13, 2020

In its frivolity review, a court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional … To establish a civil conspiracy under § 1983, a plaintiff must present evidence that the defendants “acted jointly in concert and that some overt act was done in furtherance of the conspiracy which resulted in [plaintiff

Ingram v. United States

District Court, W.D. North Carolina · Aug 28, 2019

In Defendant’s shirt-pocket, Officer Bright was able to clearly see a prescription pill bottle…. … The Court made factual findings, that were supported by the evidence, that Officer Bright was able to clearly observe the pill bottle in Petitioner’s shirt pocket.

Reich v. Shiloh True Light Church of Christ

895 F. Supp. 799 · District Court, W.D. North Carolina · Aug 7, 1995

The facts in the case at bar are clearly distinguishable from Walling v. … Clearly, the program has been converted into a commercial enterprise competing with other contractors. Finally, in Brock v.

Ellerbe v. Herring

District Court, W.D. North Carolina · Aug 20, 2019

In its frivolity review, a court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional scenarios. … Further, “the Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.” Adams v.

Textron Inc. Ex Rel. Homelite Division v. Barber-Colman Co.

903 F. Supp. 1570 · District Court, W.D. North Carolina · Oct 6, 1995

That rule provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, … Here we are dealing with liability otherwise established. Id. at 269.

Settlemyer v. Borg-Warner Morse Tec, LLC

District Court, W.D. North Carolina · Dec 6, 2021

Holstein admitted in his deposition that he was qualified to make such calculations, but that he did not think they were necessary to do in this case. [Holstein Dep. at 58-59, 74]. … The Plaintiffs have failed to establish that Dr. Holstein’s causation opinions are the result of a sound scientific methodology that was reliably applied to the facts of the case. Dr.

Swann v. Charlotte-Mecklenburg Board of Education

362 F. Supp. 1223 · District Court, W.D. North Carolina · Aug 16, 1973

and do not serve to perpetuate or re-establish the dual system. … John Smith who so clearly and intelligently explained it in court. The existence of the plan and the making of the assignments do not without more bring about the establishment of a stable desegregation.

Moore v. United States

District Court, W.D. North Carolina · Sep 30, 2020

A petitioner may be afforded relief under § 2241 through the savings clause of § 2255(e) if the following four conditions are met: (1) at the time of sentencing, settled law of the Fourth Circuit or the Supreme Court established … Although these additional claims could certainly have been more clearly articulated, the Court finds they are “tied to a common core of operative facts.” See Mayle v. Felix, 545 U.S. 644, 664, (2005).

United States v. Approximately 548.22 Pounds of Hemp

District Court, W.D. North Carolina · Feb 9, 2022

The direct notice clearly states, “FILING OF A VERIFIED CLAIM: You must file a verified claim within thirty-five (35) days of the date on this notice.” Id. … Counsel appears to profess his “ignorance of the rules was the sole reasons for [Plaintiff’s] failure to file a timely claim, the Fourth Circuit has also clarified, “when the party is blameless, his attorney’s negligence qualifies

Moore v. United States

District Court, W.D. North Carolina · Sep 30, 2020

A petitioner may be afforded relief under § 2241 through the savings clause of § 2255(e) if the following four conditions are met: (1) at the time of sentencing, settled law of the Fourth Circuit or the Supreme Court established … Although these additional claims could certainly have been more clearly articulated, the Court finds they are “tied to a common core of operative facts.” See Mayle v. Felix, 545 U.S. 644, 664, (2005).

Browder v. State Farm Insurance

District Court, W.D. North Carolina · Jun 18, 2021

Abbata are presenting is crucial towards establishing Plaintiffs’ version of events. Plaintiffs do not explain their failure to disclose this evidence. … Expert witnesses must qualify as experts by their knowledge, skill, experience, or training. FED. R. EVID. 702. Mr. Abbata’s prior experience and education qualify him as a structural and civil engineering expert.

Deadwyler v. Volkswagen of America, Inc.

134 F.R.D. 128 · District Court, W.D. North Carolina · Jan 14, 1991

Attorney Shoolman certified to the Court that he could and would represent the class and that he was well qualified for the task. … Nothing else is required in order to establish the elements of a warranty cause of action. (D.E. 247 at 5-6). Plaintiffs’ counsel responded as follows: ...