Case law

U.S. Equal Employment Opportunity Commission v. Wal-Mart Stores East, LP

District Court, S.D. West Virginia · Mar 18, 2025

As used in this Decree, the term “complaint” shall mean any allegation or report made by any person, whether or not substantiated by evidence, whether or not made in conformity with Walmart’s established procedures (so … The term “days” shall mean calendar days unless business days are clearly specified in a specific provision of the Decree.

O'Dell v. USAA Federal Savings Bank

District Court, S.D. West Virginia · Apr 5, 2018

Despite the Defendant’s contentions, the Valentine footnote does not clearly state a change in the WVCCPA’s retroactive application. … Under West Virginia law, a plaintiff must establish four elements to maintain an IIED claim.

Bowles v. Berryhill

District Court, S.D. West Virginia · Dec 28, 2022

Would that qualify as moderate or is that less than moderate? VE: That’s less than moderate. … Revised Dictionary of Occupational Titles, Appendix D (1993) (defining “noise intensity level” and providing illustrative examples of a exchanges with respect to the hypotheticals establish

Dickson v. Ethicon, Inc.

District Court, S.D. West Virginia · Mar 27, 2020

It is clearly apparent from the filings and exhibits in this matter that the addition of Count XVI for loss of consortium in the Second Amended Short Form Complaint was inadvertent and improperly alleged. … A plaintiff’s inability to establish constructive fraud thus precludes her from recovering for negligent misrepresentation.

Hanson v. Amerihome Mortgage Company, LLC

District Court, S.D. West Virginia · Dec 28, 2017

There, the plaintiff alleged that Bank of America violated § 46A-2-127 by doing the following: (1) Defendant told him he qualified for loan modification and would receive one if he completed the requested financial … The court found that this was not enough to establish a contractual relationship in order to maintain a breach of contract claim. Id. (citing Pereira v.

T. v. Bowling

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

Then, a single dollar amount, up to $18,895, may be added to the base budget range figures according to the add-ons for which the individual qualifies. (See id. at 4–5.) … First, Plaintiffs can establish for themselves based on their setting which base budget range they are eligible to receive.

In re Massey Energy Co. Securities Litigation

883 F. Supp. 2d 597 · District Court, S.D. West Virginia · Mar 28, 2012

The Board clearly resents accusations surrounding Massey’s commitment to safety.... … Moreover, the Court, on March 9, 2012, notified the parties of its observation of the various "qualified statements” made by Plaintiffs regarding their "request for leave to replead” their CAC and indicated that it did not

Gabbidon v. Wilson

District Court, S.D. West Virginia · Feb 17, 2021

Further, a party who brings an action against the United States pursuant to the FTCA “bears the burden of pointing to . . . an unequivocal waiver of immunity.” Williams v. … If there clearly exist factual issues “that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party,” then summary judgment

The Courtland Company, Inc. v. Union Carbide Corporation (Courtland II)

District Court, S.D. West Virginia · May 10, 2021

It is difficult to establish a defense is clearly insufficient. Clark v. Milam, 152 F.R.D. 66, 70 (S.D.W. … As previously discussed, for the cost of an investigation to qualify as necessary under CERCLA, there must exist an actual and real threat to human health or the environment

Fredeking v. Chase Bank USA, N.A.

District Court, S.D. West Virginia · Feb 19, 2019

As previously discussed, the terms of the contract clearly state Ms. Fredeking is not liable for any debt on the account. Though Ms. … Neither the contract, nor the FCBA, define what constitutes actions that must be taken to qualify an investigation as “reasonable.”

Fluharty v. Peoples Bank, NA

District Court, S.D. West Virginia · Jul 24, 2018

Great American has conceded the existence the insurance policy contract, and under that contract it had a duty to pay qualifying claims. … Great American’s satisfactory payment of the property loss claim may, if the appropriate elements are proved, establish waiver of rights.

Saleh v. Heckard

District Court, S.D. West Virginia · Dec 20, 2022

Saleh argues that the COVID-19 pandemic and his poor health qualify him for compassionate release. … The Court agrees with Magistrate Judge Tinsley that precedent clearly establishes that the more appropriate vehicle for relief was Mr. Saleh’s then-pending § 3582 motion in his sentencing court. See Shephard v.

Duty

District Court, S.D. West Virginia · Jan 12, 2026

The Social Security Administration has established a five-step sequential evaluation process to aid in this determination. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4); Lewis v. … Just as in Crouse, the VE’s explanation why her opinion remains reliable despite an apparent conflict with the DOT was not stated clearly enough to be susceptible to judicial review.

Dickens

District Court, S.D. West Virginia · Mar 2, 2026

Motions to strike “are generally viewed with disfavor,” and the movant bears the burden to “clearly show” that inclusion of the challenged portion or portions of the pleading “will prejudice” the movant. … Moreover, it is well-established that district courts have “broad discretion” to manage their dockets, manage the sequence of discovery, and establish deadlines for filing motions and a schedule for their disposition

In Re Heck's, Inc.

83 B.R. 410 · District Court, S.D. West Virginia · Feb 4, 1988

The Equity Committee states that the original retention motion clearly contemplated final and permanent retention of BI & L and McCoy, contained nothing to suggest that bankruptcy court approval *412 was being sought on an … It was apparent, yet unavoidable, that McCoy, although well-qualified to perform some of the legal research and drafting, would be unable to do so by virtue of the nature of her practice.

Giberson v. Unum Life Insurance Company of America

District Court, S.D. West Virginia · Oct 12, 2022

to weight lifting/bench pressing were taken out of context by his doctors, and refer only to his use of “light resistance bands” and “5-8 pound dumbbells;” and (6) that he has a compromised immune … Under Maine law, “a statute will be construed to apply prospectively unless a legislative intent to make it retroactive is clearly stated.” Salenius v.

Forloine v. Persily

District Court, S.D. West Virginia · Sep 12, 2023

The Intermediate Court of West Virginia is a new adjudicative body, established in 2022 by West Virginia Code § 51-11-4. … Otherwise, the need for further proceedings would jeopardize the life or health of Medicaid applicants who qualify for such expedited hearings.

Fitzwater v. CONSOL Energy, Inc.

District Court, S.D. West Virginia · Oct 15, 2019

West Virginia, Kentucky, Virginia, Pennsylvania, and “neighboring states:” Class A: All individual plan participants, and their dependents, who had qualified … package in the 1988 Wage Agreement,” and is “clearly superior to any wage and benefit package negotiated by the UMWA for anybody anywhere.”

Fain v. Crouch

District Court, S.D. West Virginia · Aug 2, 2022

The Medicaid Program is established in Title XIX of the Social Securities Act. 42 U.S.C. §§ 1396 et seq. … Thus, the difference in treatment clearly violates the comparability requirement, which requires that all persons within a specific category be treated equally. See White v.

T. v. Bowling

District Court, S.D. West Virginia · Sep 25, 2018

to ameliorate the Court’s concerns regarding the previous system’s constitutionality.2 Specifically, the new authorization system replaced the proprietary algorithm with a budget matrix employing a number of clearly … The Court acknowledges that the parties here have expended immense resources on this case, and nothing in this opinion should be construed to hold that the legality of DHHR’s new authorization system is immune