Case law

Merrifield v. Ames

District Court, S.D. West Virginia · Sep 30, 2022

Under §2254(d), the petitioner must show that the state court’s adjudication of his claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law,” or that … Where a first petition is dismissed “for technical procedural reasons,” such as failure to exhaust state remedies, a refiling of that petition after complying with the required formalities does not qualify as “second

R. v. Justice

District Court, S.D. West Virginia · Mar 28, 2024

Negligence, or even carelessness, does not establish deliberate indifference. Id. … There is little case law in this circuit interpreting what qualifies as “reasonable steps” to preserve ESI under amended Rule 37(e).

Thompson v. O'Malley

District Court, S.D. West Virginia · Aug 20, 2024

“Next, the ALJ must determine if the mental impairment is severe, and if so, whether it qualifies as a listed impairment.” Patterson, 846 F.3d at 659; see 20 C.F.R. §§ 404.1520a(d), 416.920a(d). … The totality of support for Claimant’s position is contained in the following six vague, unsupported statements: The record in this case clearly establishes that the claimant has multiple severe medical and

Rose

District Court, S.D. West Virginia · Mar 26, 2026

Plaintiffs failed to provide the Court with a copy of the Settlement Agreement but indicated the PrimeCare Defendants would deposit $2,500,000.00 into a Qualified Settlement Fund. [ECF 1353 at 3]. … Regardless, Plaintiffs are unable to establish mistake. The underlying circumstances bear repeating.

Gautier v. Tams Management, Inc.

District Court, S.D. West Virginia · Mar 2, 2023

Here, the legislative history clearly demonstrates that Congress intended the phrase “back pay for each day of violation” to refer to wages the employee would have earned absent a violation. … Gautier notes, the Defendants have failed to establish that the payments during the violation period came from the single employer in this case.

Sutphin v. Ethicon, Inc.

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

I assume that this is because, as Thiesson sings: “Opinions are immunity to being told you’re wrong.” … In any event, I have clearly held that a feasible, alternative design must the risks that injured Plaintiff, rather than merely them. , No. 2:12-cv-02952, 2016 WL 7197441, *5 (S.D.W. Va.

Daniels v. Mingo County Commission

District Court, S.D. West Virginia · Nov 15, 2023

Once the moving party meets its burden, the burden shifts to the non-moving party 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 … However, the Court is puzzled by the exact nature of this concession: Plaintiffs surrender their excessive force claim on qualified immunity grounds, despite Defendant McCown never raising that defense.

City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation

District Court, S.D. West Virginia · Jul 9, 2021

(opining that not to require disclosure of summaries “is ludicrous and clearly defeating of the entire purpose of Rule 1006—to permit employment of a summary, chart or calculation … He also “employed his expertise in analyzing large data sets” “to calculate a valid Established Business Relationship.” Id.

West Virginia Highlands Conservancy v. Bluestone Coal Corporation

District Court, S.D. West Virginia · Jun 3, 2020

However, the Consent Decree sets those penalties as a non-exclusive remedy that would qualify for an offset against any statutory penalties that were subsequently assessed. (Id. … Here, there is no evidence that the parties clearly intended for the Consent Decree to require compliance with the future selenium effluent limits.

Doe v. Marshall University Board of Governors

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

(“Through FERPA, Congress explicitly recognized a student's privacy right in the information contained in his or her education records and clearly intended for those records to be treated with special care. … In this district, electronic or written communications such as emails do not, on their own, qualify as conferring on discovery issues. See, e.g., Murphy v.

Zeng v. Marshall University

District Court, S.D. West Virginia · Mar 26, 2020

Zeng was hired was to establish a research program. Dr. Zeng was provided funding, time and laboratory space to establish this program. Based on the evidence we were presented, it is clear that Dr. … Three Marshall regulations make this point clearly. First, Marshall requires professors to apply for tenure before their sixth year of employment.

Johnson v. Reverse Mortgage Funding LLC

District Court, S.D. West Virginia · Feb 5, 2020

Under HUD’s Mortgagee Optional Election (“MOE”) program, “HUD will take assignment of any pre-2014 [reverse mortgage loan] at a stage before foreclosure if the loan involves a qualifying non- borrowing spouse who survived … In such cases, “all facts necessary to the affirmative defense [must] clearly appear on the face of the complaint.” Id.

Dean v. Saul

District Court, S.D. West Virginia · May 19, 2021

Claimant bears the burden of establishing a prima facie entitlement to benefits. … Clearly, the ALJ considered the medical evidence as well as Claimant’s reported symptomology from the relevant time period.

Lind v. Ames

District Court, S.D. West Virginia · Mar 31, 2023

(See ECF No. 132 at 3; see also ECF No. 103 at 5 (“The trial judge respectfully, is not an expert under rule 702”); ECF No. 63 at 6 (“It has been established in the Federal Rules of evidence 702 that even a judge who is … The Magistrate Judge found that Petitioner’s procedurally defaulted claims of ineffective assistance of trial counsel were not potentially meritorious and, thus, did not qualify for de novo review under the Martinez exception

United Fuel Gas Co. v. Public Service Commission of West Virginia

14 F.2d 209 · District Court, S.D. West Virginia · May 10, 1926

The burden of establishing that fact is upon the plaintiff, and obviously is not a light one. … It will suffice to say that .they appear to have been well thought out by a highly qualified expert and to have been carefully applied.

Hager v. Omnicare, Inc.

District Court, S.D. West Virginia · Sep 29, 2020

The second, specific jurisdiction, “may be established if the defendant’s qualifying contacts with the forum state also constitute the basis for the suit.” Universal Leather, 773 F.3d at 559. … The Supreme Court went on to emphasize that “restrictions on personal jurisdiction are more than a guarantee of immunity from inconvenient or distant litigation.

Goard v. Ames

District Court, S.D. West Virginia · Mar 29, 2024

Finding that “there is no evidence that the Circuit Court’s or WVSCA’s determination was contrary to, or an unreasonable application of, clearly established federal law[,] or based … It is thus necessary to establish the elements that must have been established to convict petitioner of conspiracy to commit robbery in the first degree.

Stowers

District Court, S.D. West Virginia · Sep 22, 2025

The Plaintiff bears the burden of establishing a prima facie entitlement to benefits. See Hall v. … Clearly, the ALJ considered the medical evidence as well as the Plaintiff’s reported symptomology from the period at issue.

Hundley v. Dudek

District Court, S.D. West Virginia · Apr 9, 2025

The Plaintiff bears the burden of establishing a prima facie entitlement to benefits. See Hall v. … Clearly, the ALJ considered the medical evidence as well as the Plaintiff’s reported symptomology from the period at issue.

Farmer v. Kijakazi

District Court, S.D. West Virginia · Aug 15, 2022

established procedures.” … word argument clearly fails to meet this standard.