Case law

Allstate Vehicle and Property Insurance Company v. Pixler Davis

District Court, N.D. West Virginia · Aug 9, 2022

Accordingly, under either definition of business, the Davises’ activities plainly qualify as business activities. … Such definition clearly includes both real and personal property.

Chiles v. United States

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

Once a grand jury, consisting of 16 to 23 qualified members is convened, the Government may present evidence of suspected crimes. Id. 6(a)(1), (d)(1). … Here, it is undisputed that law enforcement discovered the firearm on Chiles’s person during a frisk, clearly establishing that it was carried (Dkt. No. 108 at 80).

Prophet v. Ballard

District Court, N.D. West Virginia · Aug 19, 2019

Therefore, Petitioner has not established that he is entitled to relief on this claim. … ’ and do not establish bias or partiality.”

Mauro v. InfoCision, Inc.

District Court, N.D. West Virginia · Sep 21, 2020

However, no such claim is clearly pled in her Complaint. See Caudill v. CCBCC, Inc., 651 F. Supp.2d 499, 510 (S.D.W. … Noll was qualified to 3 Ms. Adamescu specifically mentioned Ms.

Barrett v. Commissioner of Social Security

District Court, N.D. West Virginia · Sep 14, 2017

“Cook, however, does not establish an inflexible rule requiring an exhaustive point-by- point discussion in all cases.” Russell v. Chater, No. 94–2371, 1995 WL 417576, at *3 (4th Cir. … Bennett’s testimony clearly addressed Plaintiff’s alleged difficulties with concentration, persistence or pace. See R. 55–57. In that regard, Dr.

Thomaselli v. Commissioner Of Social Security Administration

District Court, N.D. West Virginia · Sep 19, 2019

The regulations require the ALJ to consider the findings of state agency physicians because they are “highly qualified physicians, psychologists, and other medical specialists who are also … that because agency physicians “at most did a record review of limited medical records and never examined the Plaintiff,” the ALJ was wrong in giving their opinions great weight.5 The regulations establish

Shinaberry v. Commissioner of Social Security Administration

535 F. Supp. 2d 604 · District Court, N.D. West Virginia · Mar 7, 2008

At this point, I feel that the claimant would probably benefit from aggressive stretching exercise program for his back under the supervision of a qualified physical therapist. … The evidence as a whole establishes that the severity of the claimant’s impairments does not preclude all substantial gainful employment.

Manivannan v. Bochenek

District Court, N.D. West Virginia · Sep 30, 2019

Guy is sufficient to establish that the methods used by NETL to conduct FOIA searches can be reasonably expected to produce Plaintiff’s requested information. … NETL also notified Plaintiff that he did not qualify for a fee waiver, and NETL assessed fees for continued processing of the seven consolidated requests. Id.