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Civil Practice-Motion to Remand – Amount in Controversy – Venue – Transfer – Contract – Software Ownership (access required)

Kyle v. McDougall (Lawyers Weekly No. 14-02-0921, 13 pp.) (Louise Flanagan, J.) 5:14-cv-00201; E.D.N.C. Holding: Even though plaintiffs’ brief states that they believe the amount in controversy to be less than $25,000, the complaint seeks a sum “in excess of ...

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Securities-Fraud Claim – Retail Bonds – Survivor’s Option – Ownership (access required)

United States Securities & Exchange Commission v. Staples (Lawyers Weekly No. 002-189-14, 12 pp.) (J. Michelle Childs, J.) 3:13-cv-02575; D.S.C. Holding: Plaintiff has sufficiently alleged securities fraud in defendants’ scheme to recruit terminally ill individuals, buy discounted bonds with them, ...

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Civil Practice-Federal Question Jurisdiction – Removal – Timeliness – Discovery Response (access required)

Chappell v. International Brotherhood Electrical Workers Local Union 772 (Lawyers Weekly No. 002-187-14, 7 pp.) (Mary Lewis, J.) 3:14-cv-02153; D.S.C. Holding: Although the negligence complaint that plaintiff filed in state court made a general reference to defendants’ “fiduciary obligation to ...

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Tort/Negligence-Defamation – Civil Practice – Statute of Limitations – Accrual – Discovery Rule – Labor & Employment – Sex Discrimination Claim (access required)

fTort/Negligence-Defamation – Civil Practice – Statute of Limitations – Accrual – Discovery Rule – Labor & Employment – Sex Discrimination Claim Meisner v. ZymoGenetics, Inc. (Lawyers Weekly No. 002-186-14, 25 pp.) (Cameron McGowan Currie, Sr. J.) 3:12-cv-00684; D.S.C. Holding: Even ...

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Labor & Employment-Civil Rights – Retaliation Claim – Whistleblower Statute (access required)

Giraldo v. City of Columbia (Lawyers Weekly No. 002-182-14, 7 pp.) (Joseph Anderson Jr., J.) 3:12-cv-03357; D.S.C. Holding: Although plaintiff threatened to report certain colleagues to human resources, there was no indication that plaintiff was complaining of illegal discrimination; anti-relation ...

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