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Summary: 388 F. Supp. 2d 610 (2005) Caitlin ATWATER, Administratrix of the Estate of Kathleen Hunt Peterson, Plaintiff, v. NORTEL NETWORKS, INC.; Nortel Networks U.S. Deferred Compensation Plan; Nortel Networks Retirement Income Plan; and Nortel Networks Long-Term Investment Plan, Defendants. Plaintiff Caitlin Atwater ("Plaintiff") brought this action under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., against Nortel Networks, Inc. ("Nortel"), Nortel Networks U......read more.


Summary: 336 F. Supp. Astec seeks to enjoin S.A. Toffolutti ("Toffolutti"), a French corporation, from drawing down funds on a certain letter of credit, and to enjoin General Electric Capital Corporation ("GE Capital") and Wachovia Bank, N.A. ("Wachovia Bank") from instituting proceedings to pay out any funds on this letter of credit. The required documents include the following: (1) a draft at sight drawn on GE Capital; (2) the original Letter of Credit; and (3) a statement from Toffolutti that the asph......read more.


Summary: 321 F. Supp. The Court will use the method of analysis adopted by the Fourth Circuit in Bowman v. Curt G. Joa, Inc., 4 Cir., 361 F.2d 706 (1966) to determine the jurisdictional problem. STATE LAW Defendant, Time, Inc., cites as a leading authority for its motion for dismissal, the North Carolina case of Putnam v. Triangle Publications, Inc., 245 N.C. 432, 96 S.E.2d 445 (1957). Bearing on the issue of whether North Carolina General Statute 55-145 would be applicable to the present fact situation,......read more.


Summary: 232 F. Supp. 2d 560 (2002) Otto H. SCHRADER, Plaintiff, v. TRUCKING EMPLOYEES OF NORTH JERSEY WELFARE FUND, INC. — Pension Fund; The Board of Trustees of the Trucking Employees of North Jersey Welfare Fund, Inc. — Pension Fund; Teamsters Union Local 560; Penske Truck Leasing Company, LP; and Penske Logistics, a Division of Penske Truck Leasing Company, LP, Defendants. Finally, before the Court is Defendant Teamsters Union Local 560's ("Local 560") Motion to Dismiss [Document # 5] which seeks to ......read more.


Summary: 951 F. Supp. 1217 (1996) FOOD LION, INC., Plaintiff, v. CAPITAL CITIES/ABC, INC., ABC Holding Co., American Broadcasting Companies, Inc., Lynne Litt, Richard N. Kaplan, Ira Rosen and Susan Barnett, Defendants. 2d 202 (1986); Orsi v. Kirkwood, 999 F.2d 86 (4th Cir.1993); Herold v. Hajoca Corp., 864 F.2d 317 (4th Cir.1988), cert. Tatham v. Hoke, 469 F. Supp. 914, 916 (W.D.N.C.1979) (citing Charnock v. Taylor, 223 N.C. 360, 26 S.E.2d 911 (1943)), aff'd, 622 F.2d 587 (4th Cir.1980). See, e.g., Russe......read more.


Summary: 774 F. Supp. Plaintiff Blanca L. Iturbe (Iturbe), a woman of Chilean birth, was fired from her job at defendant Wandel & Goltermann's plant in Research Triangle Park, North Carolina. For the reasons stated, the court will grant Wandel & Goltermann's motion to dismiss the breach of contract claim and the request for attorneys' fees. The wrongful discharge claim is made pursuant to the North Carolina Supreme Court's recent decision in Coman v. Thomas Mfg. Co., 325 N.C. 172, 381 S.E.2d 445 (1989), ......read more.


Summary: 378 F. Supp. 2d 639 (2005) Jane C. CALDWELL, Plaintiff, v. Michael O. LEAVITT, Administrator for the United States Environmental Protection Agency, Defendant. This matter is before the court on Defendant's motion to dismiss or, alternatively, for summary judgment (docket no. 22-1) and on Defendant's motion to strike the "Appendix of Additional Relevant Citations of Fact" attached to Plaintiff's brief and portions of the affidavits of Plaintiff Jane Caldwell, Sharon Taylor, Allen Marcus, Gregory ......read more.


Summary: 129 F. Supp. 2d 905 (2001) Vincent Scott RUSS and Emily L. Russ, Plaintiffs, v. UNITED STATES of America, Defendant. Plaintiffs Vincent Scott Russ and Emily L. Russ have filed claims against the United States of America ("Government") alleging that Vincent Scott Russ was injured on or about August 3, 1997, when he fell from a wheelchair ramp at his home. 56(e); see also Cray Communications, Inc. v. Novatel Computer Sys., Inc., 33 F.3d 390, 393-94 (4th Cir.1994) (moving party on summary judgment ......read more.


Summary: 409 F. Supp. 708 (1975) Claude Wilson GORDON et al., Plaintiffs, v. FORSYTH COUNTY HOSPITAL AUTHORITY, INC., et al., Defendants. The plaintiffs seek declaratory and injunctive relief in a class action against the Forsyth County Hospital Authority, Inc., (Hospital Authority) and its officers requiring the defendants to provide the plaintiffs and others similarly situated with free hospital and medical care at Forsyth Memorial Hospital (Forsyth) and Reynolds Memorial Hospital (Reynolds), which are......read more.


Summary: 958 F. Supp. 1060 (1997) COYNE BEAHM, INC., Brown & Williamson Tobacco Corporation, Liggett Group, Inc., Lorillard Tobacco Company, Philip Morris, Incorporated, and R.J. Reynolds Tobacco Company, Plaintiffs, v. UNITED STATES FOOD & DRUG ADMINISTRATION and David A. Kessler, M.D., Commissioner of Food and Drugs, Defendants. AMERICAN ADVERTISING FEDERATION, American Association of Advertising Agencies, Inc., Association of National Advertisers, Inc., Magazine Publishers of America, Outdoor Advertis......read more.


Summary: 691 F. Supp. EMI April Music, Inc. v. White, 618 F. Supp. SEC v. Lawbaugh, 359 F. Supp. Jasperilla Music Co., M.C.A., Inc. v. Wing's Lounge Ass'n, 837 F. Supp. Boz Scaggs Music v. KND Corp., 491 F. Supp. EMI April Music, 618 F.Supp.2d at 508 (citing Music City Music v. Alfa Foods, Ltd., 616 F. Supp. See EMI April Music, 618 F.Supp.2d at 509 (imposing statutory damages approximately twice the license fee); EMI Mills Music, Inc. v. Empress Hotel, Inc., 470 F. Supp.


Summary: 433 B.R. 532 (2010) SUNTRUST BANK, N.A., Marc Macky, Maryann Macky, Appellants, v. John A. NORTHEN, Appellee. SunTrust Bank, N.A. ("SunTrust") appeals the Bankruptcy Court's August 6, 2009 Order denying SunTrust's motion for summary judgment and granting summary judgment for Appellee John A. Northen ("Northen") and Marc and Maryann Macky (the "Mackys").Northen contended that because the SunTrust deed of trust was not indexed under the PIN number or numbers assigned to Tract I in the PIN index as......read more.


Summary: 104 F. Supp. 2d 606 (2000) MARKET AMERICA, INC., Plaintiff, v. Ray ROSSI, et al., Defendants. In calculating Defendants' damages, the Court trebled both the award of prejudgment interest and the damages awarded by the jury in its verdict. In its Motion for Correction of the Modified Judgment, Plaintiff contends that the Court should not have trebled the prejudgment interest that was awarded to Defendants on their unfair trade practices and restraint of trade counterclaims. Therefore, the Court f......read more.


Summary: 953 F. Supp. Gray v. *690 Laws, 51 F.3d 426, 430 (4th Cir.1995). Gray, 51 F.3d at 431 n. 2. See Ram Ditta v. Maryland Nat'l Capital Park & Planning Comm'n, 822 F.2d 456, 457-58 (4th Cir.1987). Bockes v. Fields, 999 F.2d 788, 791 (4th Cir.1993), cert. See Gray, 51 F.3d at 433 (discussing questions left after Hess). The court read Hess to leave mostly intact the circuit's traditional Eleventh Amendment analysis: "In the end, we do not believe that Hess, as it applies to single state entities, mate......read more.


Summary: 469 F. Supp. The plaintiff, Chester Lawrence Pegram, Jr.,[1] alleges he was deprived of his Fourteenth Amendment right to procedural due process because of the disciplinary actions taken against him by defendant Ralph R. Nelson, Principal of Northeast Junior High School. See Graham v. Board of Education, Idabel School District Number Five, 419 F. Supp. 1214 (E.D.Okla.1976); Coffman v. Kuehler, 409 F. Supp. As noted by the Court in Dallam v. Cumberland Valley School District, 391 F. Supp. Cf. Whi......read more.


Summary: 235 F. Supp. 2d 465 (2002) Richard M. BLAIR, Plaintiff, v. YOUNG PHILLIPS CORPORATION; Graphic Systems, Inc.; the Young Phillips Employment Agreement; and the Young Phillips Executive Salary Continuation Agreement, Defendants. This case involves Plaintiff Richard M. Blair ("Plaintiff") whose employment with Young Phillips Corporation ("Young Phillips") and Graphic Systems, Inc. ("GSI") (collectively "Defendants") was terminated for disputed reasons. The amended complaint alleges that Defendants ......read more.


Summary: 961 F. Supp. Petitioner has filed a motion requesting the Court to determine the statute of limitation for filing a Section 2254 habeas corpus petition. (Pleading No. 12) The upshot of the motion is that petitioner wishes the Court to reevaluate its February 28, 1997 order that the petition be filed within thirty days and instead give petitioner until January 31, 1998 to file the petition. The warden of the State penitentiary at Raleigh shall immediately schedule a date for the execution of the ......read more.


Summary: 225 F. Supp. 2d 632 (2002) Wanda F. FARRISH Plaintiff, v. CAROLINA COMMERCIAL HEAT TREATING, INC. Wanda F. Farrish began her employment with Carolina Commercial Heat Treating, Inc. ("Carolina") on June 9, 1988. 2d 265 (1986); Cox v. County of Prince William, 249 F.3d 295, 299 (4th Cir.2001). Anderson, 477 U.S. at 248, 106 S. Ct. 2505; Cox, 249 F.3d at 299; Solers, Inc. v. Hartford Cas. Co., 146 F. Supp. Orsi v. Kirkwood, 999 F.2d 86, 92 (4th Cir.1993). Haulbrook v. Michelin North America, Inc., ......read more.


Summary: 454 F. Supp. 2d 441 (2006) Fred ASHLEY, Randy Fowler, Henry Juarez, Andrew Turner, Plaintiffs, v. NATIONAL LABOR RELATIONS BOARD, Robert J. Battista, in his official capacity as Chairman of the National labor Relations It card, Peter C. Schaumber, Wilma R. Liebman, Peter N. Kirsanow, Dennis P. Walsh, in their official capacities as members of the National Labor: Relations Board, Willie IL. Plaintiffs Fred Ashley, Randy Fowler, Henry Juarez, and Andrew Turner (collectively, "Plaintiffs") filed th......read more.


Summary: 736 F. Supp. 1358 (1990) Edwin J. WALKER, Jr., George W. Hill, Jr., and Central Carolina Bank and Trust Company, N.A., Collectively as Executors of the Estate of John S. Hill, II, Plaintiffs, v. MONTCLAIRE HOUSING PARTNERS, Tricap Corporation, and Shelby J. Kaplan, Defendants and Counterclaimants, v. Stephen D. MOSES, A. Bruce Rozet, The Federal Savings and Loan Association, as Receiver for Frontier Federal Savings and Loan Association, The Federal Savings and Loan Association, as Receiver for V......read more.