Case law

Lancaster v. Todd

District Court, N.D. West Virginia · Aug 21, 2017

from liability because he is a Public Health Service employee and must be dismissed from this action [id. at 9]; 4) the remaining Defendants are entitled to qualified immunity [id. at 10]; 5) Plaintiff … In yet another document, Plaintiff again repeats his claims and arguments opposing dismissal of his complaint for failure to exhaust, Defendants’ qualified immunity, and Defendant Meyer’s particular immunity as a Public

Watley v. Kowcheck

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

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 … The Court also discussed the well-established two-step inquiry which courts are to use for determining whether a Bivens claim may proceed: First, we ask whether the case presents “a new Bivens context” - i.e.

Doe v. Mylan Pharmaceuticals, Inc.

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

The CBA provides for temporary alternative work for employees who become physically unable to perform their job function(s) but who are qualified to perform another job function (dkt. no. 59-3 … When these facts are viewed in the light most favorable to Doe, there are clearly material disputes that preclude judgment as a matter of law.

Harris v. United States

629 F. Supp. 2d 563 · District Court, N.D. West Virginia · Jun 19, 2009

As to those portions of a recommendation to which no objection is made, a magistrate judge’s findings and recommendation will be upheld unless they are “clearly erroneous.” See Webb v. … Thus, Ground One, which is addressed in the third report and recommendation, is reviewed under a clearly erroneous standard, and Grounds Two and Three are reviewed de novo. 1.

Sutton v. United States

District Court, N.D. West Virginia · Jul 30, 2021

July 3, 2008) (finding that § 220.16(1) was “clearly . . . a ‘controlled substance offense’ within the meaning of U.S.S.G. § 4B1.1(a)”). See, e.g., United States v. … Nor does his lack of legal training establish a particular need or an exceptional circumstance that would justify the appointment of counsel in this case.

Michael Fiorito v. Dr. Anderson

District Court, N.D. West Virginia · Sep 24, 2018

“[T]he mere fact that all Plaintiffs’ claims arise under the 15 same general law does not necessarily establish a common question of law or fact.” 16 Coughlin v. … The claims are not clearly deficient on their face6 and 7 transfer, rather than dismissal, would avoid any timeliness problem which requiring 8 Plaintiff to re-file the claims might create. 9

Patrick v. Teays Valley Trustees, LLC

297 F.R.D. 248 · District Court, N.D. West Virginia · Dec 12, 2013

ConvaTec, Inc., 268 F.R.D. 226, 248 (M.D.N.C.2010) (“By appending the adjective “relevant” as a qualifier to their otherwise sweeping declaration of compliance with Defendants’ requests and by reiterating that they produced … To obtain a protective order, the party resisting discovery must establish that the information sought is covered by Fed.R.Civ.P. 26(e) and that it will be harmed by disclosure”).

Ammirante v. Ohio County Board of Education

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

Lastly, defendants Miller and Jones state that they are immune from liability for all remaining causes of action since they are entitled to qualified immunity. … “Facial plausibility is established once the factual content of a complaint ‘allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’”

Riley v. Gomez

District Court, N.D. West Virginia · Mar 18, 2022

Therein, the Respondent presented two arguments to support his request for dismissal: (1) the Petitioner cannot establish that the government’s failure to include the “knowledge of status” element from his underlying … McLellan, the Eleventh Circuit held that “where the record clearly demonstrates that it would be implausible for the defendant to not have been aware of his felony status, a Rehaif error does not affect his substantial

Barker v. United States

District Court, N.D. West Virginia · Jul 27, 2022

Five years later, following the Fourth Circuit’s decision in Campbell that the inchoate offense of attempt did not qualify as a controlled substance offense, Barker would no longer qualify as a … loss of acceptance of responsibility, Barker faced a guideline range of 210 to 262 months of imprisonment.19 Given this exposure, the binding plea agreement to a sentence of 120 months was clearly

Spatafore v. City of Clarksburg

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

“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 … Plaintiff was clearly not making the comment to inform citizens on when City Hall and its services would be available.

Campbell v. The City of Morgantown

District Court, N.D. West Virginia · Mar 27, 2025

Likewise, the plaintiff’s role in the context of disputes about removability is also clearly defined: the plaintiff is the master of his or her claim. See Oklahoma Tax Comm’n v. … Each case would require a specific determination as to whether a particular defendant qualifies as an employee under the WVMWMH.

Romeo v. Antero Resources Corporation

District Court, N.D. West Virginia · Jan 21, 2021

The proponent of the expert testimony bears the burden of establishing its admissibility by a preponderance of the evidence. Cooper v. … Finally, they argue that Terry is not qualified to criticize Phend’s calculation of the Class Members’ damages, and, even if qualified, her opinions lack a proper foundation and are erroneous as

Browning v. Pszczolkowski

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

Clearly, the preparation of an individual kosher meal and utilization of different cooking utensils would have interfered with the batch processing of these 3000 daily meals. … Accordingly, the Court found that the Plaintiff failed to establish a RLUIPA violation with respect to kosher meals at the NCC.

Bobbitt v. Entzel

District Court, N.D. West Virginia · May 7, 2020

Considering Davis, the petitioner’s conviction under § 924(c) is valid only if his underlying conviction for bank robbery in violation of 18 U.S.C. §§ 2113(a), (d) and (e) qualifies under the elements clause of § 924(c)(3 … Clearly it does. Under Fourth Circuit precedent, armed bank robbery convictions constitute a “crime of violence” under § 924(c)(3)(A). See United States v.

Roe v. Jenkins

District Court, N.D. West Virginia · Mar 17, 2021

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. … A family court of West Virginia is the entity authorized to “establish, enforce or modify a child custody determination.” W. Va. Code § 48-20-102(f).

Orgill, Inc. v. Distribution Centers of America (WV), LLC

District Court, N.D. West Virginia · Nov 16, 2017

Analysis Pursuant to the well-established principles of contract law, the Court must first determine whether the contract provision at issue is ambiguous. … While DW argues that the qualifier does not apply to management fees, the qualifier is very broad.

Staudenmaier v. Commissioner of Social Security

District Court, N.D. West Virginia · Jan 22, 2021

Listing 12.06 sets forth the criteria for a qualifying anxiety disorder. Under 20 C.F.R. § Pt. 404, Subpt. … P, App. 1, the record supports a finding of a qualifying anxiety disorder if the criteria of A and B, or B and C are satisfied.

Wells v. Antero Resources Corporation

District Court, N.D. West Virginia · Oct 29, 2020

Federal Rule of Evidence 702, governing the admissibility of expert testimony, provides: A witness who is qualified … Thus, Fisher lacks a reliable basis in his previous work or experience to propose what is clearly a novel method for calculating the amount of royalties Antero allegedly owes the Plaintiffs.

The Estate of Lois M. Larosa v. LaRosa

District Court, N.D. West Virginia · Dec 7, 2018

LaRosa” and that “[i]t is also clearly established that the rents and profits from these properties in the next five years would be insufficient to satisfy these liens.” Id. … LaRosa that are subject to judicial sale in this action have been clearly identified. Id.