In this case, plaintiff Tiffany Misel sued Green Tree Servicing, LLC under the federal Fair Debt Collection Practices Act and North Carolina Collection Agency Act, alleging that the defendant falsely reported and attempted to collect on a time-barred secondary mortgage debt after acquiring it from another entity. Green Tree moved to dismiss the state-law claim to the extent it was based on allegedly inaccurate credit reporting, arguing preemption by the Fair Credit Reporting Act. The court granted the motion, relying on Fourth Circuit precedent holding that the FCRA preempts state claims arising from such reporting. Separately, the court dismissed all claims against individual defendant Aaron Martin without prejudice for failure to effect timely service under Federal Rule of Civil Procedure 4(m).
This case concerned claims by severely hearing-impaired mother Tara Tyner and her live-in boyfriend Eric Williamson that the Brunswick County Department of Social Services and related state agencies discriminated against them on the basis of disability during a six-month child welfare investigation and subsequent removal of Tyner's two minor children. The investigation stemmed from reports by home health nurses about Williamson's alleged behavior toward the children; plaintiffs alleged repeated unannounced home entries, intrusive surveillance, and DSS's consistent refusal to provide American Sign Language interpreters despite multiple requests. The court addressed a motion to dismiss filed by the North Carolina Department of Health and Human Services along with several procedural motions concerning amendments to pleadings. It analyzed the facts under Title II of the ADA and forthcoming DOJ regulations requiring public entities to furnish auxiliary aids for effective communication with disabled individuals and their companions, construing certain allegations as relevant to damages rather than liability while allowing limited amendments to the pleadings.
This case involves a dispute between two insurance companies over coverage obligations for a nurse practitioner named as a defendant in a medical malpractice lawsuit. Medical Mutual, which issued a claims-based professional liability policy, sought a declaratory judgment that it had no duty to defend or indemnify the nurse due to an exclusion for claims covered by prior insurance, while American Casualty, which issued an occurrence-based policy, counterclaimed to recover defense and indemnification costs it had paid. The court examined the policies' insuring agreements, exclusions, and "other insurance" clauses under North Carolina law. It considered precedents interpreting how such clauses interact when one policy is claims-made and the other is occurrence-based, noting that North Carolina courts focus on specific policy language rather than the placement of clauses within the policy. The matter was resolved on cross-motions for summary judgment.
The case involved plaintiff Pauline Alexander's claims that her former employer QVC Distribution Center terminated her employment because of her breast cancer diagnosis in violation of the Americans with Disabilities Act, or alternatively failed to provide a reasonable accommodation, along with related discrimination or retaliation claims under the Family Medical Leave Act. Defendant moved for summary judgment after the court had dismissed claims against an individual defendant, and the parties briefed the issues following discovery. The court reviewed the facts of plaintiff's packer position, her multiple medical leaves exceeding 182 days under company policy, the requirement for a fitness-for-duty certification to return to work, and the pre-2008 ADA standards requiring evidence that a condition substantially limited a major life activity.
The case involved claims by Mexican nationals admitted as H-2B temporary workers at Frog Island Seafood's crab processing plant, alleging violations of the FLSA and NCWHA through unpaid wages, unauthorized deductions from pay for replacement knives, improper rent collection for company housing, and failure to reimburse travel and visa costs. Plaintiffs sought partial summary judgment on liability under the FLSA, NCWHA, and breach of contract, along with class certification, while defendants cross-moved to dismiss most claims except specific deduction and rent issues. The court examined the procedural history of conditional FLSA collective action certification, the terms of DOL-approved clearance orders, and facts about wage practices and housing registration to resolve the cross-motions for partial summary judgment.
This case involved a copyright infringement lawsuit brought by record label plaintiffs against defendant Jocelyn Gaines, alleging that she willfully used an online media distribution system to download, distribute, and make available ten copyrighted sound recordings without authorization. After the defendant was properly served but failed to respond, the court entered default against her. The court granted the plaintiffs' motion for default judgment, finding that the admitted facts established ownership of valid copyrights and unauthorized copying, which constituted infringement under the Copyright Act. As a result, the court issued a permanent injunction prohibiting further infringement and ordering destruction of unauthorized copies, awarded $7,500 in statutory damages ($750 per work), and granted $420 in costs.