Most Important Opinions

1. Taxation – Fraudulent Transfer – Taxpayer’s Nominee – Bankruptcy – Civil Practice – Res Judicata & Collateral Estoppel 

   Johnson v. United States Since a final decision of the bankruptcy court has already determined that plaintiff received a fraudulent transfer from her husband of his million-dollar judgment against a former employer, the doctrines of res judicata and collateral estoppel make it appropriate for this court to reach the same conclusion.

2. Labor & Employment – FMLA – Disability Discrimination – Tort/Negligence – Public Policy – Emotional Distress 

   Satterwhite v. Wal-Mart Stores East, L.P. N.C. courts have not recognized a public policy exception to the at-will employment rule based on a violation of the Family and Medical Leave Act. Plaintiff has failed to state a claim for wrongful discharge in violation of public policy.

3. Tort/Negligence – Background Check – Civil Practice – Federal Question Jurisdiction – FCRA – Domestic Relations 

   Benzing v. Tharrington-Smith, LLP Plaintiff claims that defendants wrongfully obtained a background check on him for use in domestic violence and child custody matters. Plaintiff’s allegations state a claim under the Fair Credit Reporting Act, so this court has federal question jurisdiction.

4. Tort/Negligence – FTCA – Scope of Employment – National Guard – Assault on Recruit – Negligent Supervision 

   Pittman v. United States Even though the Federal Tort Claims Act does not waive the government’s sovereign immunity with regard to intentional torts, plaintiff has nevertheless stated a claim by alleging that a National Guard sergeant failed to intervene while a specialist under his command gave alcohol to a 17-year-old recruit and engaged in sexual relations with her.