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.
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.
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.
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.
Crop Production Services, Inc. v. Ormond Defendants allege generally that, once this contract dispute arose, plaintiff strong-armed defendants’ usual suppliers into refusing to do business with defendants. However, defendants do not explicitly assert that they expected to buy supplies from their “regular suppliers”; moreover, defendants do not allege the nature and length of their relationship with these suppliers or even the suppliers’ names and locations. Therefore, defendants have failed to state a claim for tortious interference with a prospective economic advantage.
Monitech Inc. v. Robertson Since plaintiff - a longtime vendor of breath alcohol ignition interlock devices — has no property interest in the N.C. DMV’s 2008 guidelines for certification and request for certification (the 2008 RFC), plaintiff lacks standing to challenge DMV’s termination of the 2008 RFC.
Prudencio v. Holder The 4th Circuit vacates a Board of Immigration Appeals’ order of removal for an El Salvadorian native and lawful permanent resident whose removal was ordered after he was charged with a sexual offense against a minor and pleaded guilty to contributing to the delinquency of a minor; the BIA used the wrong method to evaluate what is a crime of “moral turpitude
U.S. v. Thomas The 4th Circuit affirms a defendant’s conviction and sentence on two counts of assaulting a correctional officer, despite errors in the indictment charging him with the offe
U.S. v. Moore A felon convicted for possession of a firearm in violation of 18 U.S.C. § 922(g)(1) cannot be ordered to repay the costs for his court-appointed attorney pursuant to 18 U.S.C. § 3006A(f), and the 4th Circuit vacates the district court order to pay attorney’s fees.
U.S. v. Hornsby The 4th Circuit reverses a Maryland school system’s chief executive officer’s convictions for honest-services fraud in connection with his involvement in securing two public contracts for school products and services, but affirms the CEO’s convictions for evidence-tampering and obstruction of justice and orders resentencing.
