Case law

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.

Hightower v. Grant Co. State Ploice

District Court, N.D. West Virginia · Oct 23, 2024

fees and costs, the court is obliged to screen the case to determine if the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … More specifically: It is established that a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.

Moore v. Equitrans, L.P.

49 F. Supp. 3d 456 · District Court, N.D. West Virginia · Sep 23, 2014

‘A contract is ambiguous when it is reasonably susceptible to more than one meaning in light of the surrounding circumstances and after applying the established rules of construction.’ ” Id. at 716 (citation omitted). … As stated in previous sections of this opinion, the parties are clearly in contention as to whether or not Mr. Moore was aware that the pipeline was relocated in the incorrect place.

Farrell v. Mon Health Care, Inc.

District Court, N.D. West Virginia · Sep 25, 2025

“Once the plaintiff proffers evidence establishing [her] prima facie case, and the employer offers a non-retaliatory reason of the adverse action, the plaintiff ‘bears the burden of establishing … As elaborated upon above, the record clearly establishes that Plaintiff did not appropriately secure her computer access — either by sharing her password or leaving her workstation unlocked.

Whiteman v. Chesapeake Appalachia, LLC

873 F. Supp. 2d 767 · District Court, N.D. West Virginia · Jun 7, 2012

While it is true that “a permit granted by an agency does not act to immunize the permit holder from civil tort liability from private parties for actions arising out of *775 the use of the permit[,]” the WVDEP permits can … Clearly, the plaintiffs’ common law claims are not precluded by the Damage Compensation Act, and thus, the defendant’s motion for summary judgment is denied insofar as it argues that the Damage Compensation Act prevents the

Pham v. Saad

District Court, N.D. West Virginia · Nov 1, 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. … If the state crime was “the same as, or narrower than, the relevant generic offense,” then the state crime qualified as an enumerated offense. 136 S.Ct. at 2257; see also Taylor v.

Pham v. Saad

District Court, N.D. West Virginia · Oct 31, 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. … If the state crime was “the same as, or narrower than, the relevant generic offense,” then the state crime qualified as an enumerated offense. 136 S.Ct. at 2257; see also Taylor v.

Greene v. Feaster

District Court, N.D. West Virginia · Mar 1, 2019

immunity (id. … In order for a plaintiff to prove a claim of excessive force, the plaintiff must first establish that “the alleged wrongdoing was objectively ‘harmful enough’ to establish a constitutional

Turner v. Turner

District Court, N.D. West Virginia · Sep 29, 2021

trust in good faith, duty of loyalty, duty of impartiality, duty to administer as a prudent person would, duty to incur only reasonable expenses, duty to protect trust property, duty to clearly … Whether a defendant possesses such minimum contacts is analyzed by looking to whether the plaintiff seeks to establish “specific” or “general” jurisdiction.

Strong v. Postmaster General U.S. Postal Service

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

Courts will uphold portions of a R&R to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. … Therefore, to establish a claim for IIED/outrage, a plaintiff must establish: (1) that the defendant's conduct was atrocious, intolerable, and so extreme and outrageous as

Scott v. Commissioner of Social Security

District Court, N.D. West Virginia · Aug 20, 2019

Specifically, the Commissioner contends that the ALJ complied with the order by: (1) evaluating all of the new and existing medical opinion evidence and using it to establish the RFC; (2) finding … asserts that the ALJ adequately informed the plaintiff of her right to counsel, notifying her that she could postpone certain hearings in order to retain an attorney, and stating that she may qualify

Cox v. Wilson

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

More specifically, Petitioner avers that his Connecticut drug conviction does not “categorically” qualify as a felony offense. ECF No. 1-1. … If the state crime was “the same as, or narrower than, the relevant generic offense,” then the state crime qualified as an enumerated offense. 136 S.Ct. at 2257; see also Taylor v.

Bloom v. Library Corp.

112 F. Supp. 3d 498 · District Court, N.D. West Virginia · Jun 30, 2015

had been properly joined and served' before Murphy removed the case, the Court would lack jurisdiction over this civil action, as TLC is a citizen of West Virginia for purposes of federal jurisdiction arid would therefore qualify … One such exception applies when “literal application of the statutory language at issue produces an outcome that is demonstrably at odds with clearly expressed congressional intent to the contrary.” Id.

Reynolds v. Saad

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

dismiss the complaint, or any portion of the complaint, if the complaint-- (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune … Therefore, because Petitioner clearly attacks the validity of his conviction and sentence, and fails to establish that he meets the Jones requirements, Petitioner cannot demonstrate that § 2255 is an inadequate

Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc.

348 F. Supp. 2d 713 · District Court, N.D. West Virginia · Dec 23, 2004

Rather, the plaintiffs argue that, unlike the patentee in Apotex , they relied on unexpected results as the basis for establishing levofloxacin’s patent-ability over prior art ofloxacin, and thus *728 clearly disavowed a … Conclusion on Inequitable Conduct Mylan’s evidence fails clearly and convincingly to establish that Daiichi committed intentionally deceptive acts or omissions regarding material information during the prosecution of the

Hutchinson Coal Co. v. Miller

20 F. Supp. 718 · District Court, N.D. West Virginia · Sep 2, 1937

Miller receiver of said bank, who qualified as such re *720 ceiver on November 14, A. … Hutchinson to set off this-note against a like portion of his deposit account should be clearly set forth in your reply to this letter.

Brizuela v. USP Hazelton

District Court, N.D. West Virginia · Sep 20, 2022

He alleges some violation(s) of civil rights, although it is unclear which authorities establish the civil rights which he claims were violated. … fees and costs, the court is obliged to screen the case to determine if the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune

Dawson v. United States

11 F. Supp. 3d 647 · District Court, N.D. West Virginia · Mar 31, 2014

If Wade did lose a bodily organ system or suffer a qualifying deformity, what non-economic damages resulted from that loss or deformity. B. … That he suffered from COPD, with attendant hypoxia and cachexia exacerbated by the smoking habit he refused to give up, is clearly documented. (Trial Tr. 361:19-21, 354:6, 353:25; J. Ex. 22 at 4788). Dr.

Penkoski v. Justice

District Court, N.D. West Virginia · Nov 9, 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. … Accordingly, the Plaintiffs fail to qualify for taxpayer standing under the Establishment Clause. C.

Fisher v. Baltimore Life Insurance Co.

235 F.R.D. 617 · District Court, N.D. West Virginia · Mar 31, 2006

so much of it as is true and qualify or deny the remainder ... … An admission of a matter involving the application of law to fact may ... even more clearly narrow the issues.”). 11. Requests for Admission—Scope.