Case law

Heinemann v. Jim Walter Homes, Inc.

47 F. Supp. 2d 716 · District Court, N.D. West Virginia · Nov 13, 1998

Plaintiffs, proceeding pro se, allege that the defendants violated their procedural due process rights and transgressed established substantive law by wrongfully foreclosing on property owned by plaintiffs in Pocahontas County … Clair failed to restore plaintiffs as legal owners of the subject property even though said defendants knew that plaintiffs qualified for a Federal Emergency Management Administration Mortgage or Rental Assistance (FEMA/MRA

Bowman v. Wexford Health Sources/Services

District Court, N.D. West Virginia · Feb 11, 2025

Frivolity dismissals should only be ordered when the legal theories are “indisputably meritless,”1 or when the claims rely on factual allegations which are “clearly baseless.” Denton v. … This type of disagreement between and inmate and medical providers about the proper course of medication is generally not enough to establish deliberate indifference. Jackson v.

Boles v. The United States of Amercia

District Court, N.D. West Virginia · Feb 9, 2021

DISCUSSION It is well established that the United States, as sovereign, is immune from suit unless it consents to be sued. … The language used within this program statement clearly involves elements of judgment or choice.

Clinton v. Groh

District Court, N.D. West Virginia · Jun 21, 2023

Judicial Immunity “Few doctrines [are] more solidly established . . . than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction … Unfortunately for Plaintiff, the question is not whether Judge Groh had jurisdiction; it is whether she clearly lacked jurisdiction over the subject matter before her. Stump v.

Currence v. Wolf Run Mining, LLC

District Court, N.D. West Virginia · Jul 27, 2020

qualifying employers sweeping immunity from common-law tort liability for negligently inflicted injuries. … the exclusivity provision of the Workers’ Compensation Act is inapplicable as the Legislature did not intend such injuries to fall within the types of injuries for which the Workers’ Compensation Act was established

Virden v. Altria Group, Inc.

304 F. Supp. 2d 832 · District Court, N.D. West Virginia · Jan 30, 2004

For federal law to be at the “forefront” of the case, “a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiffs cause of action.” … These cases, however, do not establish a per se rule that class action claims for disgorgement must be aggregated.

Henegar v. Sears, Roebuck and Co.

965 F. Supp. 833 · District Court, N.D. West Virginia · Feb 13, 1997

Under these circumstances, a prima facie case of discrimination is established when it is shown: (1) that the complainant belongs to a protected group under the statute; (2) that he or she applied and was qualified for the … Court cannot dismiss plaintiffs claim on this basis. *838 As indicated above, a court reviewing a 12(b)(6) motion must accept plaintiffs factual allegations as true and should grant the motion only when these allegations “clearly

Hastings v. Douglass

249 F. 378 · District Court, N.D. West Virginia · Mar 15, 1918

Ed. 765 , it is said: “It Ras been a long-established rule that the courts of the United States Rave' n<? … In every such case, and in every other case where the validity of a marriage is called in question, it shall be presumed that the marriage is valid, unless the contrary be clearly proven.”

Smith v. Popish

District Court, N.D. West Virginia · Oct 2, 2017

To prove that a clearly established right has been infringed upon, a plaintiff must do more than allege that an abstract right has been violated. … Taking these assertions as true, this Court finds plaintiff has alleged sufficient facts by which it is plausible the City could have infringed upon a clearly established right.

Hessami v. Corporation of Ranson

170 F. Supp. 2d 626 · District Court, N.D. West Virginia · Oct 3, 2001

Specifically, conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, to be regarded as atrocious, and utterly intolerable in a civilized community. 20 Clearly … Additionally, Captain Ballenger is immune from personal liability from the plaintiffs’ claims.

ERIE INS. PROPERTY & CAS. CO., INC. v. Edmond

785 F. Supp. 2d 561 · District Court, N.D. West Virginia · Mar 25, 2011

Because those acts would “clearly have an effect on the employment relationship,” they qualified as “employment-related” acts under the ERP exclusion. Id. … Thus, to prevail on such a claim, the underlying plaintiffs must establish that Mr.

Strasburg

District Court, N.D. West Virginia · Feb 11, 2026

made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). … He quotes case law on conspiracy, the powers of the court, qualified immunity, strict scrutiny, the requirements for a complaint, and statutory construction, among others. Id.

Young v. West Virginia University

District Court, N.D. West Virginia · Mar 17, 2022

It is well-established that “an unconsenting State MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION, OVERRULING OBJECTIONS, AND GRANTING AMENDED MOTION TO DISMISS is immune from … Ryan is also entitled to Eleventh Amendment immunity. See Will v. Mich.

Nally v. Davis

District Court, N.D. West Virginia · Feb 21, 2020

Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. … Further, the Magistrate Judge is correct that Davis (the prosecutor) and Cuomo (the judge) are entitled to qualified immunity.

Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources

19 F. Supp. 2d 567 · District Court, N.D. West Virginia · Feb 19, 1998

Also, a public entity may not “establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability.” 28 … First, no party contests that defendants qualify as public entities.

CSX Transportation, Inc. v. Peirce

974 F. Supp. 2d 927 · District Court, N.D. West Virginia · Sep 25, 2013

The lawyer defendants did not clearly identify the ruling they sought in their Motion in Limine No. 12. … Id. at 60 , 113 S.Ct. 1920 . 2 The lawyer defendants argue that they are entitled to Noerr-Pennington immunity and the sham exception does not apply because the evidence at trial established that all of the eleven claims

Jaber v. City of Wheeling West Virginia

District Court, N.D. West Virginia · Sep 23, 2020

Further, they argue that the city employees have qualified immunity from plaintiff's constitutional claims and, as to defendants Humway and Wilson, absolute immunity under the litigation privilege. … Here, the alleged actions of defendants clearly fall within the scope of the immunity; plaintiff is challenging defendants’ refusal to issue a permit and drop the fees on his property.

Thetford v. Ware

District Court, N.D. West Virginia · Sep 23, 2021

immunity; and (4) Plaintiffs failed to sufficiently plead a viable RICO claim. … immunity.

Goines v. Nicholson

District Court, N.D. West Virginia · Feb 26, 2024

The court ultimately did not decide whether the evidence was sufficient to establish the Section 10 claim because it found that liability was barred by the West Virginia Immunity Statute, W. … Qualified Immunity for Simple Negligence The parties agree that Nicholson and Wyatt (State Police officers) are entitled to qualified immunity with respect to the simple negligence

Vega v. Cramer

District Court, N.D. West Virginia · Jun 24, 2024

“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction[.]” Pierson v. … Servs., 436 U.S. 658 (1978) (qualified immunity). And § 1983 did not abolish the doctrine of judicial immunity. Id. at 554.