Case law

Miller v. BAS Technical Employment Placement Co.

153 F. Supp. 2d 835 · District Court, S.D. West Virginia · Jul 25, 2001

must establish either: [t]hat there is no possibility that the plaintiff would be able to establish a cause of action against the in-state defendant in state court; or [t]hat there has been outright fraud in the plaintiffs … The best way to advance this objective is to accept the parties joined on the face of the complaint unless joinder is clearly improper.

Grant v. Monsanto Co.

151 F.R.D. 285 · District Court, S.D. West Virginia · Sep 23, 1993

Kayak Manufacturing Corporation, 182 W.Va. 276 , 387 S.E.2d 511 (1989), however, there is simply no basis for asserting immunity from discovery in this diversity action. … Taking account of plaintiffs’ substantial burden in this Mandolidis- type 14 action, of the fact that the information sought is clearly relevant and, perhaps, crucial to establishing a right of recovery under W.Va.Code §

National Market Reports, Inc. v. Brown

443 F. Supp. 1301 · District Court, S.D. West Virginia · Jan 18, 1978

However, established guidelines for the exercise of this jurisdictional discretion compel us to decline to consider plaintiff’s non-federal claims. … We deem it advisable that it should be construed in the first instance by the most qualified interpreter, the highest court of the State. Cf. Samuel v.

Doe v. Alfred

906 F. Supp. 1092 · District Court, S.D. West Virginia · Dec 4, 1995

immunity on the individual capacity claims pursuant to West Virginia law. … Plaintiffs clearly had non-futile and adequate administrative procedures available to them had they chose to avail themselves of such in accordance with Policy 2419 § 7(I)(1). 8 .

Braxton v. Young

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

established on February 15, 2017.” … That the motion to dismiss filed by Callison (ECF No. 17) be, and it hereby is, granted in part insofar as Callison is entitled to qualified immunity with respect to his alleged failure

Ambrose v. Knotts

865 F. Supp. 342 · District Court, S.D. West Virginia · Oct 17, 1994

The Sixth Circuit, in a case concerning qualified immunity, held no extension of the Elrod-Branti decisions to independent contractors had been "`clearly established' in 1983." Lundblad v.

United States v. Barber

476 F. Supp. 182 · District Court, S.D. West Virginia · Aug 22, 1979

For example, our examination of how organized crime figures have achieved immunity from legal accountability led us to examine the sentencing practices and powers of our Federal courts. … No. 91-617, 91st Cong., 1st Sess. 79 (1969), are clearly apropos where private businesses have been criminally infiltrated.

Morales v. Conley

224 F. Supp. 2d 1070 · District Court, S.D. West Virginia · Sep 26, 2002

The legislature has the power to “establish an uniform Rule of Naturalization.” U.S. Constit. Art. I, § 8, cl. 4. 3 . … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.” Harisiades v.

Slone v. Racer

District Court, S.D. West Virginia · Sep 26, 2024

Likewise, the district court found the law was clearly established at the time of the accident. Id. at *7 (citation omitted). … Under the doctrine of qualified immunity, government officials are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Brown v. Belt

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

Trooper McFeeley asserts that he is entitled to qualified immunity for the January 15, 2016 arrest. … was clearly established.”

Doe v. American National Red Cross

151 F.R.D. 71 · District Court, S.D. West Virginia · Oct 6, 1993

Plaintiff Jason Doe is infected with the Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immune Deficiency Syndrome (AIDS). … These cases illustrate the difficulty in finding the Magistrate Judge’s ruling was clearly erroneous or contrary to law.

Masters v. City of Huntington

800 F. Supp. 363 · District Court, S.D. West Virginia · May 13, 1992

Ben Kanowsky, Inc., 361 U.S. 388, 392 , 80 S.Ct. 453, 456 , 4 L.Ed.2d 393 (1960), with the burden resting on the employer to establish that employees are exempt from coverage under the Act. Corning Glass Works v. … There remains the question of whether lieutenants can qualify for the executive exemption. Defendant does not argue that lieutenants, when performing their usual work, are exempt under the Act.

Huskey v. Ethicon, Inc.

29 F. Supp. 3d 691 · District Court, S.D. West Virginia · Jul 8, 2014

These opinions are supported by well-established scientific principles accepted by the medical community and published in the scientific literature. … Treatment Network (“UITN”), which was established by the National Institute of Diabetes, Digestive and Kidney Diseases in 2000. (See Johnson Report [Docket 212-2], at 1).

Hoback v. Cox

District Court, S.D. West Virginia · Aug 18, 2021

Qualified Immunity Next, Defendant Cox reasserts her argument that she is entitled to qualified immunity as a state official. … Addressing this argument at the motion to dismiss stage, the Court first noted that West Virginia law “affords immunity ‘from personal liability for official acts if the involved conduct did not violate clearly established

Carpenter v. Perry

District Court, S.D. West Virginia · Nov 21, 2017

was clearly established. … The only remaining inquiry is whether the right was “clearly established.”

Eagon v. Cabell County Emergency Medical Services

District Court, S.D. West Virginia · Dec 21, 2023

Eagon’s clearly established constitutional rights. Id. ¶¶39, 41. … Feb. 24, 2022), “it is well established [under Monell] that a state’s political subdivisions are amenable to suit under § 1983.”

Kitchen v. Summers Continuous Care Center, LLC

552 F. Supp. 2d 589 · District Court, S.D. West Virginia · May 12, 2008

In her Complaint, Plaintiff alleges that her termination and Summers’ failure to accommodate her was in violation of the ADA and the WVHRA because she was “a qualified person with a disability, [her] employer was clearly … Similarly, regarding Plaintiffs wrongful discharge claim under the WVHRA, Plaintiff must establish the following elements: “(1) ... she meets the definition of [disabled] (2) ... she is a ‘qualified [disabled] person,’ and

Doe v. Cabell County Board of Education

District Court, S.D. West Virginia · Feb 24, 2022

Statutory Immunity Defendant asserts that it is statutorily immune from Counts II, IV, V, VIII, and IX. … Code, 29–12A–4(c) can survive immunity from liability under the general grant of immunity in W. Va. Code, 29–12A–4(b)(1))).”

Eagon v. Cabell County Emergency Medical Services

District Court, S.D. West Virginia · Jan 10, 2025

Mar. 19, 2024) (stating the fact the decedent committed suicide does not qualify as a disability under the ADA where the decedent had an unspecified mental illness, noting in cases finding “suicidal ideation qualifies … However, they argue he is not entitled to immunity because his acts and omissions were done recklessly, which is an exception to immunity under § 29–12A–5(b)(2).16 See Syl. Pt. 2, Beckley v.

In Re Lawton

119 F. Supp. 724 · District Court, S.D. West Virginia · Mar 5, 1954

against him except upon proof of fraud established with that strong and convincing showing that is always required where fraud is the basis of an action. … Without expressing either agreement or the contrary with the holding in that case, it may be pointed out that the opinion there clearly indicates one very material difference with the instant case.