Case law
Opinions from 1658 to today.
388 results
3.42s
District Court, N.D. West Virginia · Mar 31, 2026
Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. … REPORT AND RECOMMENDATION IN PART [ECF NO. 63], REJECTING IT IN PART, AND REFERRING MATTER TO MAGISTRATE JUDGE for Position #1 even though he was less qualified
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Mar 30, 2023
Yet the evidence before the Court clearly shows the Plaintiff’s signature on the Arbitration Agreement, dated September 21, 2022, at 8:34 p.m. … First, the Arbitration Agreement clearly constitutes a written agreement.
Cited 0 timesUnknownNautilus Insurance Company v. The Frosted Mug, LLC
District Court, N.D. West Virginia · May 14, 2020
As clearly explained in Dobbs, however, Murray “cannot mischaracterize intentional acts as negligence claims in order to avoid the exclusions contained within the insurance policy.” … Each of these intentional acts qualifies as an assault, a battery, or, at the least, a physical altercation, all of which are excluded under the plain language of the Policy. See Dobbs, 873 F.
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · May 23, 2018
United States, 133, S.Ct. 2276 (2013), to the charging documents related to these convictions clearly establishes that they could have been sustained by proof of mere recklessness. … The statutory maximum for that offense was 40 years, not life, which would have established a base offense level 34. U.S.S.G. § 4B1.1(b)(B).
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · May 23, 2018
United States, 133, S.Ct. 2276 (2013), to the charging documents related to these convictions clearly establishes that they could have been sustained by proof of mere recklessness. … The statutory maximum for that offense was 40 years, not life, which would have established a base offense level 34. U.S.S.G. § 4B1.1(b)(B).
Cited 0 timesUnknown317 F. Supp. 350 · District Court, N.D. West Virginia · Aug 7, 1970
Hull at all times during the performance of his duties as a construction engineer was fully qualified to inspect the construction and work of the contract, for Mr. … The evidence clearly shows that plaintiff could have secured the needed water without using the scaffolding at all, i. e., by having the water hose thrown to him on the second floor or by descending to the ground by the wooden
Cited 6 timesPublishedDistrict Court, N.D. West Virginia · Aug 9, 2017
Examples of the former class are claims against which it is clear that the defendants are immune from suit. . . Id. at 327. … 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.
Cited 0 timesUnknownHarris v. Q & A Associates, Inc.
District Court, N.D. West Virginia · Jun 22, 2018
“[T]he defense can be established only through the introduction of evidence by a defendant that shows the negligence of another party or a nonparty.” Id. (quotations omitted). … 20 Fact witnesses may provide lay opinions if they are “rationally based on the witness’s perception,” “helpful to clearly
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Sep 20, 2022
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.
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Dec 19, 2017
As discussed more fully below, Petitioner clearly is not entitled to relief under 28 U.S.C. § 2241, and therefore, no further response is required of Respondent. … 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.
Cited 0 timesUnknownColumbia Gas Transmission, LLC v. Heaster
District Court, N.D. West Virginia · Oct 16, 2020
The agreements, addendums, drawings and maps in the record at this point certainly do not clearly establish Columbia Gas has a right to use AR 010. … To establish an easement implied by necessity[,] . . .
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Oct 6, 2017
The law is clearly developed, however, that merely because relief has become unavailable under § 2255 because of a limitation bar, the prohibition against successive petitions, or a procedural bar due to failure … for which he stands convicted, and, therefore, the Petitioner has not established the second element of Jones.
Cited 0 timesUnknownCumpston v. Central Supply Company of West Virginia
District Court, N.D. West Virginia · Oct 5, 2018
He also testified that because the construction industry lacks qualified 14 CUMPTSON v. … Because the terms of Cumpston’s employment clearly state that unused vacation and sick time would be forfeited upon the severance of employment, his WVWPCA claim fails as a matter of law.
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Dec 2, 2021
initial inquiry in a § 1983 case is as follows: (1) was the conduct complained of committed by a person acting under the color of state law and (2) did that conduct deprive the complainant of rights, privileges, or immunities … The only fact in the amended complaint that clearly relates to this claim is that plaintiff was taken to a holding cell without receiving medical attention.
Cited 0 timesUnknownFadeley v. Commissioner of Social Security
District Court, N.D. West Virginia · Mar 31, 2020
established on the basis of symptoms alone in the absence of objective medical abnormalities [Dkt. … As noted in the R&R, “[t]o qualify for DIB [a plaintiff] must prove that [he or she] became disabled prior to the expiration of [his or her] insured status.”
Cited 0 timesUnknownLee v. West Virginia University
District Court, N.D. West Virginia · Feb 27, 2025
Accordingly, Lee did not accept the executive director position because the non-qualified deferred compensation plan was an important term for him. … Lee was not removed as chair because his attorney’s July 29th letter alleged age discrimination.2 The record clearly shows that Marsh and Rezai began
Cited 0 timesUnknown248 F. Supp. 49 · District Court, N.D. West Virginia · Nov 23, 1965
If, by effective processes, the States assumed this bur *57 den, the exhaustion requirements of 28 U.S.C. § 2254 (1958 ed.) would clearly promote state primacy in the implementation of these guarantees. … That, along with the explicit Federal policy announced by the Supreme Court encouraging State hearings, is more than enough to convince this Court that if a West Virginia prisoner is to qualify for Federal ha-beas corpus
Overruled on other grounds by Sheftic v. Boles, 377 F.2d 423 (1967)Cited 21 timesPublishedDistrict Court, N.D. West Virginia · Feb 21, 2025
Courts have long held that “FOIA reflects a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.” Id. … According to Klamath, “[t]o qualify, a document must thus satisfy two conditions: its source must be a Government agency, and it must fall within the ambit of a privilege against discovery
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Dec 11, 2017
In support, the petitioner argues that his prior conviction is no longer a felony offense after Mathis, and thus he did not properly qualify for the § 851 enhancement and is actually innocent of the enhanced sentence [Doc … The petitioner states that, “Judge Seibert makes [the determination] based on the assumption that 2241's cannot be used to overcome the ‘savings clause” and that Magistrate Judge Seibert is “clearly mistaken” in his statement
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Mar 30, 2020
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. … Plaintiff’s IIED Claim The Magistrate Judge notes that the FTCA’s waiver of sovereign immunity is subject to several requirements and limitations [Dkt.
Cited 0 timesUnknown
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