IRWIN v. FEDERAL EXPRESS CORPORATION

IRWIN v. FEDERAL EXPRESS CORPORATION

Plaintiff:	DAVID IRWIN
Defendant:	FEDERAL EXPRESS CORPORATION
Case Number:	1:2014cv00557
Filed:	July 2, 2014
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Guilford
Presiding Judge:	JOI ELIZABETH PEAKE
Presiding Judge:	THOMAS D. SCHROEDER
Nature of Suit:	Employment
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 5, 2016	Filing 70 MEMORANDUM OPINION AND ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 12/5/2016, that Irwin's motion for partial summary judgment (Doc. 58 ) on his breach of contract and WHA claims is DENIED. FedEx's motion for summary judgment (D oc. 56 ) is GRANTED IN PART and DENIED IN PART, as follows: FedEx's motion is GRANTED with respect to Irwin's claims for common law fraud (count 4), violations of the WHA (counts 2 and 6), and violations of the UPTPA (count 3), and those claims are therefore DISMISSED; FedEx's motion is DENIED with respect to Irwin's breach of contract claims (counts 1 and 5), which shall proceed as the remaining claims for trial. (Daniel, J)
November 4, 2014	Filing 14 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/04/2014 as set out herein. ORDERED that FedEx's motion to dismiss under Rule 12(b)(6) is GRANTED as to Irwin's seventh claim for relief (constructive fraud), which is DISMISSED without prejudice, and is otherwise DENIED.(Taylor, Abby)

Date Filed

Document Text

December 5, 2016

Filing 70 MEMORANDUM OPINION AND ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 12/5/2016, that Irwin's motion for partial summary judgment (Doc. 58 ) on his breach of contract and WHA claims is DENIED. FedEx's motion for summary judgment (D oc. 56 ) is GRANTED IN PART and DENIED IN PART, as follows: FedEx's motion is GRANTED with respect to Irwin's claims for common law fraud (count 4), violations of the WHA (counts 2 and 6), and violations of the UPTPA (count 3), and those claims are therefore DISMISSED; FedEx's motion is DENIED with respect to Irwin's breach of contract claims (counts 1 and 5), which shall proceed as the remaining claims for trial. (Daniel, J)

November 4, 2014

Filing 14 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/04/2014 as set out herein. ORDERED that FedEx's motion to dismiss under Rule 12(b)(6) is GRANTED as to Irwin's seventh claim for relief (constructive fraud), which is DISMISSED without prejudice, and is otherwise DENIED.(Taylor, Abby)

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Plaintiff: DAVID IRWIN
Represented By:	CHARLES DANIEL BARRETT
Represented By:	J. CHAD BOMAR
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Defendant: FEDERAL EXPRESS CORPORATION
Represented By:	FREDERICK L. DOUGLAS
Represented By:	JILL S. STRICKLIN
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