Case law

Malik v. Amazon.com Services, LLC

District Court, W.D. North Carolina · Jan 12, 2024

Plaintiff’s Claim for Wrongful Discharge in Violation of Public Policy “Under clearly established North Carolina law, unless an employment contract expressly states a specific term, employment is terminable at the will … Plaintiff has failed to establish a prima facie case under REDA.

Boger v. Saul

District Court, W.D. North Carolina · Oct 28, 2021

Third, Plaintiff claims that the ALJ erred in finding that his prior relevant work qualifies as such and that he could do that work under his RFC. … Plaintiff could not perform his prior work as a “cook’s helper” and silence as to his work as an automotive oiler, see Tr. 44-45, the Court finds that any error related to past relevant work was harmless because the VE clearly

Bank of America Corporation v. United States

District Court, W.D. North Carolina · Jul 1, 2019

When reviewing an objection to a magistrate judge’s order on a non- dispositive matter, the district court must set aside or modify any portion of that order which is clearly erroneous or contrary to law. Id.; Fed. R. … Although much of the relevant language of § 1346(a)(1) and § 7422(a) overlap, a plain reading of the qualifying header in § 7422(a) – “No suit prior to filing claim for refund” – explicitly limits the rest of the paragraph

Schulz v. Union County Jail

District Court, W.D. North Carolina · Oct 28, 2021

In its frivolity review, this 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 that a health care provider’s actions constitute deliberate indifference to a serious medical need, the treatment must be so grossly incompetent, inadequate, or excessive as to shock the conscience or

Hendon v. Hayes

District Court, W.D. North Carolina · Nov 15, 2024

determine whether it is subject to dismissal on the grounds that it is “(i) frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … A plaintiff can establish the requisite “policy” for Monell liability through a failure to train, if it “reflects a ‘deliberate’ or ‘conscious’ choice” to not do so.

Betourney v. GKN Driveline

District Court, W.D. North Carolina · Jul 1, 2019

GKN conducted an investigation into Plaintiff’s allegations but was unable to clearly identify the alleged perpetrators or any witnesses to the incident. On August 4, 2016, Ms. … Plaintiff's retaliation claim fails as a matter of law because he cannot establish either the first or the third element of a prima facie retaliation claim.

Hendon v. North Carolina State Board of Elections

633 F. Supp. 454 · District Court, W.D. North Carolina · May 5, 1986

“Undeniably the Constitution of the United States protects the right of all qualified citizens to vote, in state as well as federal elections.” Reynolds v. … The congressional portion of the ballot is clearly marked with the candidates separated by parallel horizontal lines.

Michelson v. Miller

District Court, W.D. North Carolina · Sep 11, 2020

grounds that it is “(i) frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); … To establish a violation of the Eighth Amendment, an inmate must allege (1) a “sufficiently serious” deprivation under an objective standard and (2) that prison officials acted with “deliberate sufficiently serious

Spikes v. United States

District Court, W.D. North Carolina · Apr 26, 2021

The RICO statute defines qualifying racketeering acts to include certain state law crimes, such as robbery and murder. 18 U.S.C. § 1961(1). … Petitioner’s sworn admissions clearly establish that Petitioner actively engaged in a RICO enterprise whose purpose included robberies, murders, and other criminal activities, that he conspired to commit these activities

Stull v. Life Insurance Company of North America

District Court, W.D. North Carolina · Oct 27, 2021

Clearly, then, Plaintiff had not stopped taking opioid medications – and Defendant’s rationale for denying disability benefits on that basis is thus without merit. … Moreover, “if the evidence in the record clearly shows that the claimant is entitled to benefits, an order awarding such benefits is appropriate.” Gorski v.

Fuller v. Honeycutt

District Court, W.D. North Carolina · Jan 3, 2022

and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … In doing so, the plaintiff must set forth “specific, non-conclusory factual allegations that establish an improper [discriminatory] motive.” Williams v.

Parks v. Louisiana-Pacific Corporation

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

Despite this written qualifier, Plaintiff takes the position that all employees were unequivocally told that any LOTO violation resulted in “automatic termination.” (Doc. No. 32, at 3.) … Plaintiff’s own admission clearly establishes that he willfully violated the LOTO policy. He admits that every LOTO violation deemed “willful” by LP resulted in termination of the violator.

Acevedo v. Teupen North America, Inc.

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

“In a facial challenge, a defendant asserts that the allegations, taken as true, are insufficient to establish subject-matter jurisdiction” Mitchell v. … In Painter, the Fourth Circuit recognized that simply because a counterclaim would not be barred by res judicata, it does not automatically qualify it to be labeled permissive. 863 F.2d at 333.

Anderson v. Dye

District Court, W.D. North Carolina · Mar 2, 2022

and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … In its frivolity review, this 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

Barnett v. United States

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

The Court found that Petitioner qualified as a career offender and that the total offense level of 41. … Officer Parker testified that the voice on the recordings was Petitioner’s, but Parker is not qualified to present such evidence.

United States v. Kubalak

365 F. Supp. 2d 677 · District Court, W.D. North Carolina · Apr 15, 2005

It also supports the conclusion that known and visible bounds of the Forest Service lands were clearly established and recognized by the owners of the Messer Tract. … Goldstein to be a board certified specialist in North Carolina real property law and qualified by training and experience to testify as an expert in this field. Id.

Moore v. Corpening

District Court, W.D. North Carolina · May 31, 2019

review and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … The balance of harm evaluation, however, should precede the determination of the degree by which the plaintiff must establish the likelihood of success on his part. Direx Israel, Ltd. v.

Anderson v. Dobson

627 F. Supp. 2d 619 · District Court, W.D. North Carolina · Aug 24, 2007

for the August 17, 2005, meeting at which the shares were purportedly issued. 4 However, assuming these minutes were in fact genuine, they are so ambiguous as to the issuance of these particular shares that they cannot qualify … of this Court that Defendants’ arguments serving as a basis for their counterclaim are reduced to disagreements with Plaintiffs business judgment, fueled by Defendants’ own conspiracy theory against Plaintiff, which is clearly

Volvo Trademark Holding Aktiebolaget v. AIS Construction Equipment Corp.

162 F. Supp. 2d 465 · District Court, W.D. North Carolina · Aug 27, 2001

Therefore, the Plaintiffs’ motion for leave to amend is hereby granted and the Court finds that diversity jurisdiction is established. IV. DEFENDANTS’ MOTION TO DISMISS A. The standard of review. … A motion to dismiss does not qualify as a responsive pleading for purposes of Rule 15(a). Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064 , 1068 n. 1 (4th Cir.1993). 2 .

Evans v. Forest River, Inc.

District Court, W.D. North Carolina · Dec 10, 2020

Defendant further contends that because the Warranty Act does not apply, Plaintiffs do not qualify for a refund or treble damages under the statute. … Such language most clearly indicates the weight of the vehicle itself, and not how much weight the vehicle can bear.