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District Court for the Eastern District of North Carolina Court Cases
United States v. Comstock (2007)In July 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006 (the Walsh Act), Pub.L. No. 109-248, 120 Stat. 587 (2006), to combat sexual violence and the exploitation, molestation, and abuse of children in this, country. Described by Senator Orrin Hatch as the "most comprehensive child crimes and protection bill in our Nation's history," 152 Cong. Rec. S 8012 (2006), the Act creates a National Sex Offender Registry with uniform registration standards, creates criminal [...]
Court: District Court for the Eastern District of North Carolina Docket: 5:06-HC-2195BR, 5:06-HC-2202BR, 5:06-HC-2205BR, 5:06-HC-2206BR, 5:06-HC-2212BR
Gingles v. Edmisten (1984)
Leslie J. Winner, Chambers, Ferguson, Watt, Wallas & Adkins, Charlotte, N.C., Robert N. Hunter, Jr., Greensboro, N.C., Jack Greenberg, James M. Nabrit, III, Lani Guinier, New York City, for plaintiffs.
Court: District Court for the Eastern District of North Carolina Docket: 81-803-CIV-5
Plaintiff brought this action against her former employer, The Southeast Permanente Medical Group of North Carolina, P.A., and its successor, The Carolina Permanente Medical Group, P.A., (hereinafter, collectively referred to as the "Medical Group"), and the Kaiser Foundation Health Plan of North Carolina (hereinafter the "Health Plan"), alleging violation of the Americans with Disabilities Act (hereinafter "ADA") of 1990, 42 U.S.C. §§ 12101 et seq., as well as a pendent state law breach [...]
Court: District Court for the Eastern District of North Carolina Docket: 93-556-CIV-5-F
United States v. Ward (1985)Plaintiff, the United States of America, brought this action seeking to have the defendants, Robert Earl Ward, Jr., and Ward Transformer Company, Inc. (the Ward defendants), held liable under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) for reimbursement of federal funds spent in cleaning up hazardous substances off the roadsides of Eastern North Carolina. 42 U.S.C. § 9607(a) (1982). The State of North Carolina subsequently intervened as a party [...]
Court: District Court for the Eastern District of North Carolina Docket: 83-63-CIV-5
The matter before the court is defendant Dryvit Systems, Inc.'s ("Dryvit") 15 February 2002 motion for summary judgment. Plaintiffs have not responded to the motion, and the time within which to do so has expired. Thus, the motion is ripe for disposition.
Court: District Court for the Eastern District of North Carolina Docket: 5:00-CV-242(BR)
This lawsuit, a descendant of Doe v. Bolton, 410 U.S. 179, 93 S.Ct. 739, 35 L.Ed.2d 201 (1973), and Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L. Ed.2d 147 (1973), seeks to annul one regulation in North Carolina's program for licensing abortion clinics. The plaintiffs are Hallmark Clinic, a first-trimester abortion clinic in Charlotte, North Carolina, and its proprietor, Harold R. Hoke, M.D. Defendants are the North Carolina Department of Human Resources and various state officials charged [...]
Court: District Court for the Eastern District of North Carolina Docket: Civ. No. 74-27-Civ-5
The plaintiffs James E. Keenan, Margaret Burnham, and Loren Mitchell bring this class action seeking a declaratory judgment declaring unconstitutional and an injunction preventing enforcement of Rule VI(6) of the Rules Governing Admission to the Practice of Law in the State of North Carolina promulgated by the North Carolina Board of Law Examiners. We hold Rule VI(6) to be unconstitutional because it creates an unreasonable, arbitrary classification, unnecessarily burdens the plaintiffs' right [...]
Court: District Court for the Eastern District of North Carolina Docket: Civ. No. 2554
Both the bankruptcy debtor, Brooks Lewis Musselman ("Musselman"), and the unsecured creditor, eCast Settlement Corporation ("eCast"), appeal from the order of the bankruptcy court entered November 30, 2007, confirming Musselman's proposed Chapter 13 plan with requirement that it continue for a 5 year period. Appellate jurisdiction is vested in this court pursuant to 28 U.S.C. § 158(a)(1). The issues presented, fully briefed and the subject of hearing, are ripe for decision.
Court: District Court for the Eastern District of North Carolina Docket: 07-00701-8-RDD, 5:08-CV-14-FL
Barfield v. Harris (1982)
Petitioner, Margie Bullard Barfield, frequently referred to in these proceedings as Velma Barfield, was convicted in the Superior Court of Bladen County, North Carolina, on 2 December 1978 of first-degree murder by poisoning of one Stewart Taylor. At the sentencing phase of the trial the jury having found three aggravating circumstances attending the murder and no mitigating circumstances, judgment of death by execution was pronounced as mandated by North Carolina law.
Court: District Court for the Eastern District of North Carolina Docket: 82-245-HC
Shaw v. Hunt (1994)
Edwin M. Speas, Jr., Tiare Bowe Smiley, State Attorney General's Office, John R. McArthur, N.C. Dept. of Justice, Raleigh, NC, for James B. Hunt, Dennis A. Wicker, Daniel T. Blue, Jr., Rufus L. Edmisten, North Carolina State Bd. of Elections, Edward J. High, Jean H. Nelson, Larry Leake, Dorothy Presser, June K. Youngblood.
Court: District Court for the Eastern District of North Carolina Docket: 92-202-CIV-5-BR
Perlow v. Perlow (1991)
Charles Diederich Heidgerd, Ragsdale, Kirschbaum, Nanney, Sokol & Heidgerd, Raleigh, N.C., William Lemuel Ragsdale, Ragsdale, Kirschbaum, Nanney, Sokol & Heidgerd, Raleigh, N.C., for appellee.
Court: District Court for the Eastern District of North Carolina Docket: 90-583-CIV-5-BR
John G. Shaw, of Clark, Clark, Shaw & Clark, Fayetteville, N. C., Richard J. Wertheimer, Norton F. Tennille, Jr., of Arnold & Porter, Washington, D. C., J. G. Speth, National Resources Defense Council, Inc., Washington, D. C., for plaintiffs.
Court: District Court for the Eastern District of North Carolina Docket: Civ. No. 754
This case was instituted on May 4, 1983, as a federal antitrust action brought by Spring Hope Rockwool, Inc., (Spring Hope) a manufacturer of rockwool fiber insulation. One month and ten days later, a sister corporation, Casa Grande Rockwool, Inc. (Casa Grande) filed a second antitrust action against Owens-Corning Fiberglas Corporation (Owens-Corning OR OCF). Casa Grande was merged into Spring Hope on July 1, 1983. Spring Hope changed its name to American Rockwool, Inc. (American Rockwool) [...]
Court: District Court for the Eastern District of North Carolina Docket: 83-39-CIV-8
United States v. Buchanan (1972)This cause is before the Court in an action by Thomas Ray Buchanan to set aside an allegedly illegal sentence imposed by this Court on October 19, 1971 pursuant to the revocation of a period of probation which had been imposed by this Court on November 5, 1970. The Court has treated the paperwriting filed in this case as a motion filed within 120 days, as provided for by the law, seeking to set aside an illegal sentence under Rule 35, Federal Rules of Criminal Procedure. The Government answers [...]
Court: District Court for the Eastern District of North Carolina Docket: 91-67 Cr
Clinchfield R. Co. v. Lynch (1981)
Wm. C. Antoine and James W. McBride, Southern Railway, Washington, D. C., Armistead J. Maupin, Charles B. Neely, Jr., Nancy S. Rendleman, Maupin, Taylor & Ellis, Raleigh, N. C., William C. Basney, Jacksonville, Fla., Everett B. Gibson and Gregory G. Fletcher, Laughlin, Halle, Clark & Gibson, Memphis, Tenn., for plaintiffs.
Court: District Court for the Eastern District of North Carolina Docket: 81-229-CIV-5
Lanier v. Williams (1973)
This cause coming on to be heard upon the application of Ray Holt Lanier, a state prisoner, for a writ of habeas corpus, under 28 U.S.C. § 2254 and being heard before the undersigned Judge Presiding at an evidentiary hearing on July 19, 1973, in Raleigh, North Carolina, the court finds the following facts:
Court: District Court for the Eastern District of North Carolina Docket: Civ. No. 4331
Harris v. Marsh (1987)
J. LeVonne Chambers, NAACP, New York City, Gilda Glazer, Geraldine Sumter, Ferguson, Watt, Wallas, Adkins, & Fuller, P.A., Charlotte, N.C., Penda Hair, Legal Defense Fund of NAACP, Washington, D.C., J. LeVonne Chambers, Ronald L. Gibson, Gilda F. Glazer, Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P.A., Charlotte, N.C., and Jack Greenberg, Charles Steven Ralaron, New York City, for plaintiffs.
Court: District Court for the Eastern District of North Carolina Docket: 81-60-CIV-3, 80-168-CIV-3
This matter is before the court on the Memorandum and Recommendation ("M & R") of United States Magistrate Judge William Norton Mason filed 12 February 1999. Plaintiff filed objections to Magistrate Judge Mason's M & R on 22 February 1999. Defendant Pennsylvania National responded to plaintiff's objections on 4 March 1999 and defendant Great American responded to plaintiff's objections on 5 March 1999.
Court: District Court for the Eastern District of North Carolina Docket: 5:97-CV-692-BR(1)
The original complaint was filed on December 23, 2002 and has been amended twice since that time. Plaintiff's second amended complaint sets forth three causes of action: (1) a class claim pursuant to the North Carolina Wage and Hour Act (NCWHA), alleging a violation of the NCWHA because of defendants' failure to reimburse their workers for transportation, H2A visa, border crossing fees and related costs incurred in traveling from their home towns in Mexico to North Carolina, and resulting in [...]
Court: District Court for the Eastern District of North Carolina Docket: 4:02-CV-173-H(4)
Plaintiffs, North Carolina hospitals that have provided services to Medicare beneficiaries pursuant to agreements with the defendant Secretary of Health, Education and Welfare, seek judicial review of a refusal by the Provider Reimbursement Review Board to consider their reimbursement claims as a "group appeal" under 42 U.S.C. § 1395oo (b). The Provider Reimbursement Review Board held that the jurisdictional amount requirement of the statute had not been satisfied.
Court: District Court for the Eastern District of North Carolina Docket: 77-31-CIV-8