Case law

Butcher v. Halliburton Energy Services, Inc.

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

covered by West Virginia workers’ compensation law, but covered by the compensation law of its home state, temporarily employing an out-of-state resident who is injured in West Virginia, is immune … Plaintiffs seem to intentionally avoid the critical distinction between extraterritorial, which Justin Butcher clearly was, with “non-temporary” which absolutely requires an employee to have performed

Nehrenz v. Hendrix

District Court, N.D. West Virginia · Nov 1, 2018

However, federal regulations do not establish any minimum amount of time that a federal inmate must spend in an RRC. Id. … It is well-established that an inmate has no constitutional right to be confined to a particular institution, Meachum v.

Rhoades v. County Commission of Marion County

District Court, N.D. West Virginia · Feb 1, 2022

The Court, not so divorced from the practice of law and the emotional rigors of litigation, also notes Justice Gorsuch’s qualifying comment on the “cardinal rule” – “[w]e also emphasize that … Even if some statements exceeded the bounds of permissible argument, a judgment will not be disturbed unless it clearly appears that the challenged remarks influenced the verdict . . . .”

Jones v. United States

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

government contends that the petitioner failed to raise his void for vagueness contention on his direct appeal of his resentencing, and therefore the petitioner cannot establish … under the § 924(c)(3)(A) ‘Force Clause’ nor under the no longer qualified [ ] [sic] §924(c)(3)(B).”

Post v. Amerisourcebergen Corporation

District Court, N.D. West Virginia · Aug 29, 2023

“This determination requires a two-pronged inquiry: (1) the named plaintiffs must not have interests antagonistic to those of the class; and (2) the plaintiffs’ attorneys must be qualified, experienced … It is not common, class-wide proof to establish whether other individuals had CIDP or benefitted from IVIG.

Johnson v. Brown

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

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 … It is well established that a federal sentence cannot commence prior to the date of imposition, even when ordered to run concurrently with a previously imposed sentence.

Brown v. Bureau of Alcohol, Tobacco, Firearms and Explosives

District Court, N.D. West Virginia · Dec 1, 2023

Of course, “’minors’ First Amendment rights are qualified to some degree, see Tinker, 393 U.S. … at 506, 513, 89 S.Ct. 733, but those qualifiers do not eliminate the rights altogether.” Id.

Viola v. The City of Morgantown

District Court, N.D. West Virginia · May 4, 2023

The terms of employment determine if such benefits qualify as wages under the WPCA. See Syl. Pt. 5, Meadows v. Wal-Mart, Inc., 530 S.E.2d 676, 679 (W. Va. 1999). … The WPCA “does not establish a particular rate of pay, . . .

Larry v. The Marion County Coal Company

District Court, N.D. West Virginia · Jan 31, 2018

She has clearly established the first two elements of her claim: She is a female, and accordingly, a member of the protected 14 LARRY v. … incite, compel or coerce any person to engage in any of the unlawful discriminatory practices defined in this section. 1 It is undisputed that MAEI qualifies

Cather v. EQT Production Company

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

The statute clearly limits its own applicability to those engaged in the business of severing, in this instance, natural gas from West Virginia lands. … Defendants’ contention that Plaintiffs qualify as a “taxpayer” under the Act is unavailing.

Romeo v. Antero Resources Corporation

District Court, N.D. West Virginia · Jun 16, 2021

To qualify as a judicial admission, an attorney's statement must be “deliberate, clear and unambiguous.” Meyer, 372 F.3d at 265 (citing MacDonald v. Gen. … This statement, however, does not deliberately, clearly, or unambiguously state that any lease containing the Class Lease royalty provisions produced prior to the Class being certified2 but

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

District Court, N.D. West Virginia · Aug 8, 2018

Review of the only notice of mechanic’s lien filed by Bowles Rice, however, belies this argument and confirms that the MCDA is clearly named (Dkt. … Clearly, this is not the type of “judicial acceptance” contemplated for the purposes of estoppel, even in the bankruptcy context. Cf. Reynolds, 861 F.2d at 473.

Beall v. The City of Morgantown

District Court, N.D. West Virginia · May 4, 2023

The terms of employment determine if such benefits qualify as wages under the WPCA. See Syl. Pt. 5, Meadows v. Wal-Mart, Inc., 530 S.E.2d 676, 679 (W. Va. 1999). … The WPCA “does not establish a particular rate of pay, . . .

Dean v. SN Servicing Corp

District Court, N.D. West Virginia · Mar 22, 2023

Wells Fargo misrepresented that this was the best interest rate for which the Plaintiff could qualify. Id. at ¶ 10. … MOTION TO AMEND COMPLAINT [ECF NO. 24], AND GRANTING MOTION TO AMEND ANSWER [ECF NO. 38] States, 55 F.3d 910, 917 (4th Cir. 1995), or “when the proposed amendment is clearly

United States Department of Labor v. Fire & Safety Investigation Consulting Services, LLC

District Court, N.D. West Virginia · May 3, 2018

NO. 49] Nor do the defendants dispute that Harris himself qualifies as an “employer” subject to liability under the Act. … Even assuming that such an agreement existed, it clearly did not reflect the regular rate of pay actually in effect.

Lane v. Gray Transportation, Inc .

District Court, N.D. West Virginia · Sep 20, 2021

Throughout the employment relationship, Plaintiff “met applicable job qualifications, was qualified for the position which he held, and performed the job in a manner which fully met any … A notice of removal may establish the amount in controversy. 28 U.S.C. § 1446(c)(2).

McEvoy v. Diversified Energy Company PLC

District Court, N.D. West Virginia · Apr 3, 2023

Lastly, the Consent Order does not establish Diversified’s compliance with West Virginia Code Section 22-6-19. … “In order to establish a prima facie case of negligence in West Virginia, it must be shown that the defendant has been guilty of some act or omission in violation of a duty owed to the plaintiff.

McEvoy v. Diversified Energy Company PLC

District Court, N.D. West Virginia · Apr 4, 2023

Lastly, the Consent Order does not establish Diversified’s compliance with West Virginia Code Section 22-6-19. … “In order to establish a prima facie case of negligence in West Virginia, it must be shown that the defendant has been guilty of some act or omission in violation of a duty owed to the plaintiff.

Goughnour v. Hayward Baker, Inc.

District Court, N.D. West Virginia · Jan 2, 2018

If the nonmoving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial,” summary … Defendant argues first, that the payment in question clearly qualifies as a royalty payment and/or licensing fee.

Romeo v. Antero Resources Corporation

District Court, N.D. West Virginia · Mar 23, 2020

An expert must be “qualified . . . by knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … “Neither Rule 702 nor case law establish a mechanistic test for determining the reliability of an expert’s proffered testimony.” Id.