Case law

Gizzi v. Educational Credit Management Corp.

364 B.R. 250 · District Court, N.D. West Virginia · Feb 23, 2007

Thus, Gizzi fails the first prong of the Brunner test and does not qualify for an “undue hardship” discharge of her student loan debt. … In this case, the record establishes that Gizzi is in her mid-twenties; she has no reported health issues; her husband has a stable job; and, she has completed vocational education.

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.

Baldwin Tool Works v. Blue

240 F. 202 · District Court, N.D. West Virginia · Dec 16, 1916

Thus it will be seen that the defendants by their answer squarely present an issue, and on this issue the burden is upon plaintiffs to establish the truthfulness of the allegations of the complaint. … Thus it clearly appears that if the plaintiffs should apply to the board of public works to correct an alleged mistake, and the board should fail to correct the same, the plaintiffs in that event would be entitled to their

Costanzo Coal Mining Co. v. Weirton Steel Co.

58 F. Supp. 493 · District Court, N.D. West Virginia · Jan 6, 1945

Some tests are well established. … Today, even more clearly than in the past, ‘the federal nature of the right to be established is decisive— not the source of the authority to establish it.’

Curl v. United States

229 F. Supp. 387 · District Court, N.D. West Virginia · May 25, 1964

The Will provided for liquidation of the trust assets upon the death of Dora Gard and distribution among named, qualified, charities. … However, the Will must be read as a whole, and the second sentence clearly indicates that the testatrix intended an annuity of not more than $2,-000.00.

Wilson v. Moore

346 F. Supp. 635 · District Court, N.D. West Virginia · Jul 24, 1972

Sago are residents of Marion County, West Virginia, and are qualified and registered to vote in primary and general elections for local, state, and national office. … These facts clearly distinguish the instant case from the situation that confronted the Court in Bullock .

Bracey v. Darst

218 F. 482 · District Court, N.D. West Virginia · Dec 5, 1914

If so, why accentuate the alleged intent by qualifying all with the words “whether incorporated or unincorporated” ? How can you have an “unincorporated” corporation? How can you have an “organized” individual? … its express terms the act prohibits a citizen of a sister state of this country, owning and having stocks, bonds, certificates, or securities, although the same are listed on the exchanges of the country and have a well-established

Mull v. Griffith

District Court, N.D. West Virginia · Oct 18, 2019

Similarly, to succeed on a claim for failure to accommodate under the WVHRA, Plaintiffs must establish the following elements: (1) The plaintiff is a qualified person with a disability … Defendants assert that they are entitled to summary judgment on Plaintiffs’ claim under the WVHRA because Plaintiffs have proffered no evidence to establish that Mull was disabled or that he was a “qualified disabled

Collins v. Amjad

District Court, N.D. West Virginia · Sep 20, 2024

In the alternative, these defendants argue they are entitled to qualified immunity. [Id. at 11–15]. In his response, plaintiff argues that defendants have a duty to protect plaintiff in their official capacities. … establish deliberate indifference. Jackson v.

Urban v. William R. Sharpe Jr. Hospital

District Court, N.D. West Virginia · Nov 19, 2024

§ 1985; and that defendant Ryan is entitled to qualified immunity. On October 22, 2024, defendants Aynampudi and Gruber also filed a Motion to Dismiss. [Doc. 43]. … As plaintiff clearly cannot establish this, his Motion must be denied. VI.

Mann v. Equitable Gas Company

209 F. Supp. 571 · District Court, N.D. West Virginia · Aug 30, 1962

You must show what Peerless has done in West Virginia to establish minimal contacts and that is what proof is required.” … No one would claim that if a defendant had had no contacts at all with the state, it would clearly not be due process to make it respond to suit in that state.

Pennella Doyle v. The Department of Veteran Affairs

District Court, N.D. West Virginia · Oct 15, 2021

Judge Syska Plaintiff is clearly unhappy with Judge Syska’s rulings. … Judge Syska was clearly acting in a judicial capacity.

Horne v. Coakley

District Court, N.D. West Virginia · Apr 16, 2020

immunity. … immunity.

Harper v. United States

661 F. Supp. 2d 587 · District Court, N.D. West Virginia · Oct 5, 2009

The Fifth Circuit has recognized this dynamic by noting that ‘[i]f all ineffective assistance of counsel claims were immune from waiver, any complaint about process could be brought in a collateral attack by merely challenging … This inquiry appropriately established that petitioner knowingly and voluntarily waived his right to appeal.

Curanovic v. Houchin

District Court, N.D. West Virginia · Aug 15, 2019

Fifth, the defendants assert that they are entitled to qualified immunity since the plaintiff failed to establish deliberate indifference on the part of the staff, but rather the plaintiff … Clearly, this is intentional cruel and unusual punishment.

Smith v. Weaver

District Court, N.D. West Virginia · Aug 7, 2024

immunity. … In this case, the Plaintiff’s claims are clearly outside the applicable two-year statute of limitations.

Johnson v. Kallis

District Court, N.D. West Virginia · Dec 19, 2019

Third, Plaintiff’s Bivens Complaint must be dismissed as all defendants are entitled to qualified immunity. … Abbasi, 137 S.Ct. 1843 (2017), as well as arguing that all defendants are entitled to qualified immunity.

Mey v. Venture Data, LLC

245 F. Supp. 3d 771 · District Court, N.D. West Virginia · Mar 29, 2017

Protection of consumers’ privacy rights was clearly foremost in Congress’s mind when it enacted the telephone call restrictions of the TCPA. … In receiving 163 unsolicited calls, Plaintiff clearly experienced the very sort of inconvenience against which Congress sought to protect her.

Mey v. Got Warranty, Inc.

193 F. Supp. 3d 641 · District Court, N.D. West Virginia · Jun 30, 2016

Protection of consumers’ privacy rights was clearly foremost in Congress’s mind when it enacted the telephone call restrictions of the TCPA. … In receiving 163 unsolicited calls, Plaintiff clearly experienced the very sort of inconvenience against which Congress sought to protect her.

Chmura v. Monongalia Health System

District Court, N.D. West Virginia · Aug 9, 2019

the first element of her prima facie case, that she is a qualified individual with a disability under the ADA. … employees . . . providing services on any [Mon Health] premises to be immunized against influenza” (Dkt. No. 26-2 at 1).