Case law

Equal Employment Opportunity Commission v. Joe's Old Fashioned Bar-B-Que, Inc.

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

clearly expressed disapproval of his actions, Knox was unequivocally treated as the victim of the outburst and was asked to return to work. … “Congress plainly sought to impose two standards of liability—one for establishing a right to compensatory damages and another, higher standard that a plaintiff must satisfy to qualify for a punitive award.”

Abdullah-Malik v. Cathy

District Court, W.D. North Carolina · Sep 13, 2024

Retaliation An inmate has a clearly established First Amendment right to be free from retaliation for filing lawsuits. See Booker v. S.C. … Grad v.Kaasa, 312 N.C. 310, 313, 321 S.E.2d 888, 21 Under North Carolina law, jailers and assistant jailers are entitled to claim public official immunity. See Baker v. Smith, 224 N.C.

Asr v. Giftos

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

Apr. 4, 2022) (dismissed due to one defendant’s judicial immunity and the fact that the other defendant is “not a distinct legal entity capable of being sued”); Nasser Asr v. … Then, one day before the Court’s deadline for Plaintiff to obtain a guardian ad litem, Plaintiff filed (1) a Motion to Vacate the Court’s Order establishing the deadline for Plaintiff to obtain a guardian ad litem, (2)

Cabot Corp. v. Solution Technology, Inc.

122 F. Supp. 2d 599 · District Court, W.D. North Carolina · Oct 10, 2000

Jones did not believe that gelling by itself established instability. … Second, the evidence does not establish that at the June 21st meeting Yan-cey was told that the prior art would not establish invalidity, only that it may not do *643 so.

Travelers Casualty and Surety Company v. Jeld-Wen Holding, Inc.

District Court, W.D. North Carolina · Nov 21, 2022

According to Jen-Weld, the payment from the 2019-2020 insurers qualifies as “any source,” and, since those sources have paid the loss covered by the underlying policies, Old Republic’s excess policy obligation is thereby … First, the agreement’s language “loss covered under the Underlying Policies” does not clearly articulate performance of the underlying policies as a prerequisite to exhaustion.

Norton v. Saul

District Court, W.D. North Carolina · Apr 28, 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 … The ALJ’s decision clearly shows his work and his consideration of the whole of Plaintiff’s evidence.

ReFaey v. Aetna Life Insurance Company

District Court, W.D. North Carolina · Jun 18, 2020

Meredith Faulkner to establish primary care. … The Plan sets forth specific and precise conditions that must be met for a participant to qualify for benefits.

Hebb v. City of Asheville, North Carolina

District Court, W.D. North Carolina · Mar 25, 2024

“To qualify as a case fit for federal-court adjudication, an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed.” Arizonans for Off. English v. … Here, Plaintiff’s speech activities clearly implicate the First Amendment.

Norcom v. Novant Health, Inc.

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

Therefore, she has failed to establish a prima facie case. … certain hours worked would not have been objectively reasonable and, thus, would not have qualified as protected activity.”), report and recommendation adopted by 2020 WL 6873892 (S.D. Fla. Nov. 22, 2020).

McDaniel v. Liberty Mutual Insurance Company

District Court, W.D. North Carolina · Jan 19, 2023

of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance-support organization: Provided, however, this section shall provide no immunity … Next, § 1681g(a)(1) of FCRA requires that “[e]very consumer reporting agency shall, upon request, . . . clearly and accurately disclose to the consumer . . .

Jones v. Rickman

District Court, W.D. North Carolina · Sep 22, 2020

Plaintiff alleges that Defendant Smith was the NCDPS Medical Director and that, as Medical Director, she approved dental policies denying most forms of dental treatment, and is, therefore, “clearly responsible” for them … There is no forecast of evidence that any “policymaker” Defendant had the requisite state of mind to establish “deliberate indifference” under the law.

Twist, Inc. v. B GSE Group, LLC

District Court, W.D. North Carolina · Jun 1, 2021

The patentee must “clearly express an intent” to redefine the term, Helmsderfer v. Bobrick Washroom Equip., Inc., 527 F.3d 1379, 1381 (Fed. … The “drag surface” that is disclosed in Claim 1 of the ’297 patent is clearly defined in terms of its objectives and limitations.

Muslim v. United States

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

Finally, the Certificates of Service attached to several of Petitioner’s motions are dated December 31, 2020, which are clearly false and further confuse mattes now. … A judge’s ordinary efforts at courtroom administration—even a stern and short tempered judge’s ordinary efforts at courtroom administration—remain immune.

Mathis v. Terra Renewal Services, Inc.

District Court, W.D. North Carolina · Nov 10, 2021

The surveillance video is too grainy to see exactly what Plaintiff did on top of the tanker, but it clearly shows Plaintiff moving around while standing over the manway on top of the tanker. (Id.). … to establish a prima facie case of sudden emergency when viewed in the light most favorable to the Plaintiff. (DE 170 at 13).

Exela Pharma Sciences, LLC v. Sandoz, Inc.

District Court, W.D. North Carolina · Sep 15, 2020

However, the complaint must allege sufficient facts to establish those elements. … Plaintiff’s] product; providing a link on its product website to a database that says nothing about the aluminum content of [the Defendant’s] product while clearly

Armento v. Asheville Buncombe Community Christian Ministry, Inc.

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

As such, the Plaintiff clearly expressed his understanding that he was enrolled in the Transitional Employment Program and that his participation in the Transitional Employment Program was capped at 1,000 hours. … Both programs exclusively draw from the VRQ’s residents, regardless of whether those residents are the best candidates for the work or their abilities qualify them for the position.

Harris v. United States

District Court, W.D. North Carolina · Jun 15, 2021

As a general matter, “a plea does not qualify as intelligent unless a criminal defendant first received ‘real notice of the true nature of the charge against him, the first and most universally recognized requirement of … However, appellate counsel may render deficient performance by failing to raise “issues [that] are clearly stronger than those presented.” United States v. Mason, 774 F.3d 824, 828-29 (4th Cir. 2014).

Brandon v. United States

District Court, W.D. North Carolina · Sep 30, 2021

App’x 27 (2d Cir. 2017) 16 (voluntary disclosure that defendant had abused his daughters did not qualify for a departure under § 5K2.16 because the disclosure … Moreover, Petitioner has failed to establish prejudice. The Court varied downward by 50% on the Government’s motion.

Rand v. United States

District Court, W.D. North Carolina · Mar 6, 2020

’s claims of ineffective assistance of counsel are meritless, that his claims of prosecutorial misconduct fail as 4 Curran was permitted to testify in the Government’s rebuttal pursuant to the third exception in the immunity … contends that counsel declined to bring this conflict to the Court’s attention because it did not want to lose Petitioner’s lucrative representation.7 “[I]t is clearly established that the [Sixth

Kirkpatrick v. Kijakazi

District Court, W.D. North Carolina · Feb 7, 2022

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 … Feb. 21, 2017) (“Plaintiff clearly disagrees with the ALJ’s decision, but fails to offer any persuasive argument or authority that the ALJ did 3 Aside from arguing that the ALJ should have determined Plaintiff had