Case law

Blankenship v. Ishee

District Court, W.D. North Carolina · Sep 21, 2023

Habeas relief may be granted to a state prisoner if the state court's last adjudication of a claim on the merits “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … The press and the public have, under both the First Amendment and the common law, a qualified right of access to judicial documents and records filed in civil and criminal proceedings. Doe v.

Frazier v. First Union National Bank

747 F. Supp. 1540 · District Court, W.D. North Carolina · Oct 2, 1990

In that case, Senior District Judge Gordon held that the public policy exception is limited to circumstances where the plaintiff could establish: (1) that the discharge violates some well-established public policy; and (2 … The difficulty in prevailing on a claim of intentional infliction of emotional distress is evident by language found in the Restatement (Second) of Torts, § 46 (comment (d) (1965)): The liability clearly does not extend to

Berry

District Court, W.D. North Carolina · Aug 20, 2026

actual value of disputed claims; (3) the Court cannot determine based on the available record if the amount offered to class members is an adequate payment for their alleged harm; and (4) the amount of attorneys’ fees is clearly … average of $480 a class member Plaintiff’s counsel suggested at oral argument (which is probably overstated in any event based on Defendant’s counsel’s hearing statements that numerous class members would be unlikely to qualify

Hogan v. Cherokee County

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

“The starting point for establishing the proper amount of an award is the number of hours reasonably expended, multiplied by a reasonable hourly rate.” Rum Creek Coal Sales, Inc. v. … Boone in her role as a paralegal are clearly excessive and should be reduced by 250 hours. 2.

Pruitt v. Saul

District Court, W.D. North Carolina · Nov 9, 2020

To establish entitlement to benefits, Plaintiff has the burden of proving that he was disabled within the meaning of the Social Security Act. Bowen v. … Plaintiff concludes that this matter should be remanded so that a “qualified expert” can determine whether the alleged exposure to workplace hazards is more than “moderate.”

Gries v. Zimmer, Inc.

795 F. Supp. 1379 · District Court, W.D. North Carolina · May 27, 1992

Dobrowalski was named to that job; Gries considered himself better qualified than Dobrowalski. … Because the burden is on the party seeking the fee award to establish the reasonableness of the hours spent, Hensley, [v.

Parsons v. Beaver

District Court, W.D. North Carolina · Jan 8, 2021

Supp. 2010) (“[L]iability is not deemed established simply because of the default … and the court, in its discretion, may require some proof of the facts that must be established in order to determine liability.”). … right, all Defendants are also entitled to qualified immunity in their individual capacities, in any event.

Summers v. City of Charlotte

District Court, W.D. North Carolina · Nov 18, 2022

Geisinger had poor record keeping, disorganization in completing his reports, poor memory about what he did when completing his expert reports, and was clearly confused about the calculations he completed and … “Federal Rule of Evidence 104(a) allows for the exclusion of unreliable expert testimony if the proponent cannot establish by a preponderance of the evidence that these requirements are met.” EEOC v.

United States v. Wilson

995 F. Supp. 2d 455 · District Court, W.D. North Carolina · Jan 21, 2014

A court cannot accept a handler’s subjective determination that a dog has made some otherwise undetectable alért, which conclusion would be, for all practical purposes, immune from review. … In essence, the future predictability of information given by an anonymous tipster can establish her reliability, whereas the documented past performance of a confidential source establishes his.

Wiener v. AXA Equitable Life Insurance Company

District Court, W.D. North Carolina · Jun 5, 2020

Boyd ordered a serum immune electrophoresis (“SIEP”), a blood test, that was negative for significant gammopathy. (Doc. No. 45-9, at 15; Doc. No. 48-6, at 6.) … Boyd stated that despite notes of MGUS in Plaintiff’s medical history, his “repeated notes indicate the failure to document the presence of a monoclonal protein and clearly ruled out any MGUS during the period

Huffman

District Court, W.D. North Carolina · Feb 17, 2026

“Substantial evidence has been defined as ‘more than a scintilla and [it] must do more than create a suspicion of the existence of a fact to be established. … Koenig is a qualified clinical neurologist who provided an expert opinion on Plaintiff’s seizure disorder and that the opinion was made based on Plaintiff’s medical record available at the time.

Skibo v. Greer Laboratories, Inc.

District Court, W.D. North Carolina · Aug 22, 2019

Immunotherapy involves the practice of introducing small amounts of an allergen such as pet dander or pollen into a patient in the hope that the patient develops an immunity to the allergen. … Heckler & Koch Def., 630 F.3d 338, 347 (4th Cir. 2010) (holding relator "still would not qualify for FCA protection because the FCA requires fraud, not mere regulatory violations"); United States ex rel. Brooks v.

Hansen v. Saul

District Court, W.D. North Carolina · Dec 7, 2021

To qualify for DIB under Title II of the Act, 42 U.S.C. §§ 416(i) and 423, an individual must meet the insured status requirements of these sections, be under retirement age, file an application for disability insurance … While agencies will ideally explain their decisions very clearly, “[e]ven when an agency explains its decision with ‘less than ideal clarity,’ a reviewing court will not upset the decision on that account ‘if the agency's

Durham v. City of Charlotte

District Court, W.D. North Carolina · Sep 24, 2024

Further, Plaintiff’s counsel appears qualified, experienced, and generally able to conduct the litigation. … The class members can be clearly identified from Farrin spreadsheets and the CMPD accident reports.

Sturgill v. Saul

District Court, W.D. North Carolina · Jul 29, 2022

To establish entitlement to benefits, Plaintiff has the burden of proving disability within the meaning of the Social Security Act. Bowen v. … According to Plaintiff, these factors “clearly weigh in favor of the opinions of Dr. Matthews and Dr. Leonard,” as they had “established treating relationships with [Plaintiff].” Id.

Brown v. Rice

693 F. Supp. 381 · District Court, W.D. North Carolina · Aug 16, 1988

In all first degree capital murder cases where the defendant faces the possibility of a death sentence if convicted, the court must “death qualify” the jury, i.e., determine during the jury selection, based on answers to … Each of these contentions must be analyzed using the two-prong test established by the United States Supreme Court in Strickland v.

Wiener v. AXA Equitable Life Insurance Company

District Court, W.D. North Carolina · Feb 19, 2021

Defendant also argued that the statute provides immunity for people in Defendant’s position, further depriving the Court of subject-matter jurisdiction. (Doc. … This list of enumerated remedies is clearly exclusive, as there shall be “no remedies available” for any violations of the provisions of the bill except as provided in this section. Conn. Gen. Stat.

Viza Electronics, LLC v. Paradigm Clinical Research Institute, Inc.

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

Moreover, Plaintiff’s claim clearly arises out of Defendant’s forum-related activities—that is sending a letter to a North Carolina company with the intent to include a payment of $52 million. … Atl., 284 F.2d at 541 (“As a rule, misrepresentations, even negligent misrepresentations, are sufficient for an act to qualify as an unfair or deceptive trade practice.”); see also Nexus Techs., Inc. v.

Innovative Healing Systems, Inc. v. XPI Services, LLC

District Court, W.D. North Carolina · Jan 30, 2023

Although plaintiff had a regular instructor that it offered for those lessons, defendant insisted on using a friend, Ron Manning, who was also a qualified instructor. Id. While Mr. … “It is a well- settled principle of legal construction that ‘[i]t must be presumed the parties intended what the language used clearly expresses, and the contract must be construed to mean what on its face it purports to

Official Committee of Asbestos v. Bestwall LLC

District Court, W.D. North Carolina · Jan 6, 2022

Appellants appealed arguing the Bankruptcy Court did not have jurisdiction to enter the Orders and the Debtor failed to meet its burden establishing the elements necessary for a preliminary injunction. (Doc. … The Bankruptcy Court’s analysis clearly articulated and applied the correct legal standard when analyzing this factor.