Case law

Henton v. Saad

District Court, N.D. West Virginia · Oct 12, 2017

prisoners and must dismiss a case at any time if the Court determines that the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune … Therefore, because Petitioner clearly attacks the validity of his conviction and sentence, and had it been raised, could not have established that he met the Jones requirements, he cannot demonstrate that §

McWilliams v. Frame

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

. § 542.10 et seq.)1; (2) Plaintiff failed to assert a cognizable Bivens claim; and (3) Defendants are entitled to qualified immunity. … 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.

Brown v. Warden, USP Hazelton

District Court, N.D. West Virginia · Oct 16, 2019

The petitioner alleges that his prior convictions for simple robbery are not qualifying predicates under the Armed Career Criminal Act (“ACCA”), citing United States v. … Specifically, the respondent states that the petitioner is not challenging his conviction, but his sentence; therefore, the standard established in In re Jones, 226 F.3d 328, 333-34, does not apply

Fekos v. Coakley

District Court, N.D. West Virginia · Jun 18, 2018

Fekos has not established that, subsequent to his first § 2255 motion, the “settled substantive law [that established the legality of his sentence] changed and was deemed to apply … Aug. 14, 2014), is not a qualifying change in the law (Dkt.

Christman v. American Cyanamid Co.

92 F.R.D. 441 · District Court, N.D. West Virginia · Nov 17, 1981

Jurisdiction clearly exists, therefore, as of April 3,1979. Plaintiffs argue, however, that at a minimum the Court should adopt April 19,1977, as the appropriate cut-off date. … Despite the difficulty which deterred applicants may have in establishing their right to relief, they cannot be denied the opportunity to participate in any class relief which might be afforded. See Teamsters v.

Mylan Pharmaceuticals Inc. v. United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, Local 8-957

471 F. Supp. 2d 667 · District Court, N.D. West Virginia · Jan 23, 2007

Vogel went on to testify that, under the FDCA, the FDA regulates policies and procedures of the pharmaceutical industry to ensure that personnel involved in the manufacture and packaging of prescription drugs are qualified … While it is clear that significant policy *675 exists to prevent the sale of adulterated or misbranded drugs to the public, Mylan’s efforts in this case have failed to establish that, in the face of a CBA provision calling

Proctor v. Saad

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

As discussed more fully below, Petitioner clearly is not entitled to relief under 28 U.S.C. § 2241 and therefore, no response is required of Respondent. V. … the legality of a conviction: § 2255 is inadequate and ineffective to test the legality of a conviction when: (1) at the time of the conviction, the settled law of this Circuit or of the Supreme Court established

Casas v. Saad

District Court, N.D. West Virginia · Nov 26, 2018

The ACCA lists crimes which qualify as prerequisites, including burglary and distribution of controlled substances. 18 U.S.C. §§ 924(e)(2)(A)(ii) & 924(e)(2)(B)(ii). … There is clearly no separation of powers issue here. This objection is OVERRULED.

Mullins v. Johnson

District Court, N.D. West Virginia · May 14, 2024

at § 3.01(b) (“Only qualified voters of the State of West Virginia shall be eligible to hold the office of councilmember.”). … West Virginia jurisprudence clearly distinguishes public officials from public employees.

Clay v. Saad

District Court, N.D. West Virginia · Dec 18, 2017

Furthermore, Alleyne is clearly distinguishable from Petitioner’s case. In Alleyne, the defendant was convicted by a jury. … Petitioner’s sentence of 262 months, while more than he may have anticipated, clearly falls with the statutory minimum of not less than ten and nor more than life imprisonment.

Miller v. Ashton

District Court, N.D. West Virginia · Oct 21, 2019

two other defendants, Ohio lawyers, used the elderly woman, to bill nearly $100,000 in legal fees for a lawsuit she did not want to bring, did not understand, did not read before filing, and clearly … There are absolute privileges and qualified privileges.

The Town of Anmoore, West Virginia v. Scottsdale Indemnity Company

District Court, N.D. West Virginia · Jun 8, 2022

As is well-established in caselaw: Extrinsic evidence may be used to aid in the construction of a contract if the matter in controversy is not clearly expressed in the contract, and in such case the intention … , or legal theories . . . concerning the litigation” and which “is immune to the same extent as an attorney-client communication” and (2) that which is “qualifiedly immune, being “[a]ll other documents and tangible things

United States v. Shuck

705 F. Supp. 1177 · District Court, N.D. West Virginia · Feb 7, 1989

. § 2255 provides, in pertinent part, as follows: A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation … Justice Frankfurter indicated as much in observing that immunity is the quid pro quo for securing an answer from the witness: “Immunity displaces the danger.” Ullmann v.

Blanchard v. United States

District Court, N.D. West Virginia · Dec 15, 2017

In his motion, the plaintiff argues that he has established the four required elements of a negligence claim. … The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia rules of evidence and shall state with

Thetford v. Ware

District Court, N.D. West Virginia · Feb 8, 2021

Bureau of Prisons, 413 F.3d 1225, *1233 (10th Cir. 2005) (finding that 5 U.S.C. § 702 operates as “a general waiver of the government’s sovereign immunity from injunctive relief.”). … ] merits of his claims, Plaintiff cannot establish the necessary first factor for a preliminary injunction.

Gasper v. Swick & Sons Maintenance Specialists, Inc

District Court, N.D. West Virginia · Apr 28, 2021

As West Virginia case law clearly shows, the Supreme Court of Appeals of West Virginia recognizes such negligence claims against an employer and employee. … The Court is mindful of the West Virginia Legislature limiting an employee’s liability in certain situations, such as the immunity granted to employees under the Workers’ Compensation statute.

Pajak v. Under Armour, Inc.

District Court, N.D. West Virginia · Jun 11, 2021

In other words, to qualify as an “employer” under the WVHRA an entity must have at least twelve employees actually working in the State. … But here, discovery has established that, in the relevant 2017 and 2018 calendar years, although more than twelve Under Armour employees lived in West Virginia, fewer than twelve worked in

First American Title Insurance Co. v. Bowles Rice, L.L.P.

District Court, N.D. West Virginia · Dec 11, 2017

describe in detail any and all documents which might exist which would indicate the amount of the reserve established; when it was established; who established the reserve; the … NO. 103] defendants asserted that they had acted in good faith and were entitled to immunity. 68 F.R.D. at 578.

O'Hara v. Bayliss

District Court, N.D. West Virginia · Sep 13, 2024

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 … The Petitioner submitted no records to demonstrate that he took the required steps to exhaust the four-tiered administrative remedy process established for exhaustion of administrative remedies.

Leeson v. United States

District Court, N.D. West Virginia · May 11, 2018

Courts will uphold those portions of a recommendation to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. … Code § 61-3- 11(a) qualifies as “burglary” within the meaning of the ACCA. 836 F.3d at 444.