Case law

Guynup v. Christian

District Court, N.D. West Virginia · Oct 21, 2024

establish: (1) a person acting under color of state law (2) deprived the plaintiff of “a right, privilege or immunity secured by the Constitution or laws of the United States.” Dowe v. … Here, the Plaintiff has not established any of the three required elements to sustain a claim under the ADA.

Lewis v. United States

105 F. Supp. 73 · District Court, N.D. West Virginia · May 29, 1952

to entry into actual service for a period of not less than one year, * * It will be noted from the above provisions that a named beneficiary standing in loco parentis to the deceased for a minimum period of one year can qualify … United States, supra, in discussing the meaning of the term in loco parentis said in part, “It clearly embodies more than furnishing material help to a close relative who is in need.

Butts v. United States

District Court, N.D. West Virginia · Sep 13, 2017

Frivolity dismissals should only be ordered when the legal theories are indisputably meritless, or when the claims rely on factual allegations which are “clearly baseless.” Denton v. … The addendum explained that Petitioner qualified as a career offender. Id.

Patrick v. Sharon Steel Corp.

549 F. Supp. 1259 · District Court, N.D. West Virginia · Oct 27, 1982

prescriptive easement over Plaintiffs’ land would be to hold that because its emissions exceeded the State regulations to such a large degree, and the accompanying invasion of surrounding property was so complete, Sharon is now immune … The use of the test case approach here would be clearly improper.

Washington v. Ox Paperboard, LLC

District Court, N.D. West Virginia · Aug 31, 2017

from suit for such injuries or death to qualifying employers.” … In this case, the parties dispute only whether Plaintiffs can establish the requisite facts to satisfy subparagraph (C).

McKenzie v. Delong

District Court, N.D. West Virginia · Jul 17, 2018

immunity. … While § 1983 provides a federal cause of action, it looks to the most analogous state law cause of action to establish the applicable statute of limitations. Wallace v.

Lucas v. McBride

505 F. Supp. 2d 329 · District Court, N.D. West Virginia · Aug 23, 2007

established federal law. … established Federal law.

Bowers v. State of West Virginia

District Court, N.D. West Virginia · Jul 16, 2025

They also assert that they are entitled to qualified immunity. [Id.]. II. A. … Next, they contend that even were the Complaint factually sufficient to state a claim upon which relief can be granted, they are, nonetheless, entitled to qualified immunity. [ECF 155 at 4]. A.

Schultz v. AT & T Wireless Services, Inc.

376 F. Supp. 2d 685 · District Court, N.D. West Virginia · May 27, 2005

connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify … Thus, AT & T contends that the “bargained for” doctrine established in Harley Miller is preempted by the FAA. In Perry v.

Pajak v. Under Armour, Inc.

District Court, N.D. West Virginia · Mar 30, 2023

Clearly, by the statute’s plain and unambiguous meaning, Under Armour, Inc., is subject to the WVHRA as a “person.” … Code [] 23-2-6a [1949] extends the employer’s immunity from liability set forth in W. Va.

MEW Sporting Goods, LLC. v. Johansen

992 F. Supp. 2d 665 · District Court, N.D. West Virginia · Jan 21, 2014

However, subsection (B) is the *672 only one of the seven to qualify “the applicant” with the parenthetical noted above. … These undisputed facts are sufficient to establish that Mrs. Walsh was a responsible person at Mountaineer.

Richardson v. United States

District Court, N.D. West Virginia · Nov 20, 2017

More specifically, Petitioner alleged that his conviction for second degree assault in the state of Maryland was not a violent crime, and thus could not properly be used to qualify him as a career offender. … based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly

Preston Corporation v. Raese

236 F. Supp. 135 · District Court, N.D. West Virginia · Nov 13, 1964

Thus, it is clearly apparent to this Court that the ea; parte court orders of Judge Holt, cancelling the share certificates of the infants in Supply Company and directing their re-issue in the name of Jane G. … Record indisputably establishes the principal offices and places of business of these corporations to be in West Virginia. 4b .

WILLIAMS v. United States

District Court, N.D. West Virginia · Oct 3, 2024

to establish why this Court has personal jurisdiction over state actors in Texas.” … Despite that immunity, the Government often would provide counsel to defendant employees or indemnify them.

Wirtz v. Welfare Finance Corp.

263 F. Supp. 229 · District Court, N.D. West Virginia · Jan 7, 1967

Kentucky Finance Co., 359 U.S. 290 , 79 S.Ct. 756 , 3 L.Ed.2d 815 , are clearly distinguishable from the instant case, as well as Household Finance, supra; however, the most recent decision in this area, Beneficial Finance … Prior to having accepted the janitorial job with defendant, he placed advertisements in a local newspaper holding himself out as being qualified for that type of work. The defendant furnishes Mr.

Spicer v. Riffle

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

The administrative remedies provided by Plaintiff clearly establish that Plaintiff did not exhaust his administrative grievances with respect to his allegations that Defendant Riffle beat and tortured him. … Meyer because he has absolute immunity as a Commissioned Officer in the United States Public Health Service and against M. Bledsoe, M. Listen, K. Pearce, and D.

United States v. Lough

221 F. Supp. 3d 770 · District Court, N.D. West Virginia · Nov 18, 2016

not all courts agree, the reasoning of those courts that have likened users of the Playpen site to individuals making a “virtual trip” into the district is compelling. 8 The court in Jean found, for example, that the NIT qualified … The FBI agents acted responsibly, providing the magistrate judge with a highly detailed affidavit that clearly established probable cause.

Casey v. Hazelton USP

District Court, N.D. West Virginia · Oct 3, 2017

indicating that [the] correspondence qualifies as special mail. . .” … The Stotts Court relied upon the four-part test for determining constitutionality of prison regulations which was established in Turner v. Safley, 482 U.S. 78 (1987).

Alza Corp. v. Mylan Laboratories, Inc.

388 F. Supp. 2d 717 · District Court, N.D. West Virginia · Sep 27, 2005

Accord *737 ingly, Mylan has not established that Aberg anticipates. 5. … Therefore, the Court concludes that the weight of the evidence clearly and convincingly establishes that a person of ordinary skill in the art in 1995 would reasonably expect oxybutynin to absorb in the colon.

Butcher v. The City of Clarksburg

District Court, N.D. West Virginia · Nov 13, 2019

NO. 1-1] investigation or criminal prosecution of another” and, therefore, “failed to allege the violation of a clearly established statutory or constitutional right”). … Because the only alleged acts supporting her civil conspiracy claims are lawful, or do not otherwise deprive her of a clearly established statutory or constitutional right, Butcher’s Complaint fails