Case law

Yonker v. Guifrida

581 F. Supp. 1243 · District Court, S.D. West Virginia · Mar 16, 1984

Congress’ failure to authorize such an action against these “fiscal agents” under Plan B, while specifically providing for suits against the individual insurance companies under Plan A, clearly evidences an intent on the … Accordingly, an insurance pool was established by members of the insurance industry and flood insurance policies were issued, marketed, and serviced by this pool through agreements with independent local agents, brokers and

Pauley v. Ribicoff

206 F. Supp. 162 · District Court, S.D. West Virginia · Jul 6, 1962

The government’s brief states that the application to establish disability was filed on June 14, 1957. … This evidence clearly establishes plaintiff’s claim that he is too ill or weak to engage in the substantial gainful activity he was actually engaged in, and there is no evidence in the record (and certainly no substantial

Rogers v. McDowell County Commission

District Court, S.D. West Virginia · Sep 28, 2023

Plaintiff alleges that the officers’ conduct falls within the second exception to this immunity because it “was wanton, willful and reckless while violating policy and procedures established … The individual defendants are immune from this claim because “[t]his statutory immunity for negligence is absolute and not qualified.” Hamstead v.

Hood v. West Virginia Department of Health and Human Resources

District Court, S.D. West Virginia · Jul 28, 2023

of her clearly established Fourth and Fourteenth Amendment rights by severing custody from her legal guardians without a court order or any basis to suspect abuse by Plaintiffs.” … immunity, that “the right was clearly established at the time the violation occurred such that a reasonable person would have known that [their] conduct was unconstitutional.” , 781 F.3d 95, 100 (4th Cir. 2015).

Williams v. West Virginia State Police

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

The Defendants argue that summary judgment is appropriate based on the principles of res judicata, collateral estoppel, and qualified immunity. … The Defendants also argue that summary judgment is appropriate because the Defendants are entitled to qualified immunity, there is no supervisory liability regarding the West Virginia State Police, Colonel Smithers, and

Spaulding

District Court, S.D. West Virginia · Jan 23, 2026

immunity. … § 1983 and is entitled to Eleventh Amendment immunity.

Clutter-Johnson v. United States

242 F. Supp. 3d 477 · District Court, S.D. West Virginia · Mar 13, 2017

A Rule 12(b)(6) defense asserts that even if all the factual allegations in a complaint are true, they still remain insufficient to establish a cause of action. … The Act is a, perhaps magnanimous, waiver of sovereign immunity by the federal government.

Sanger v. Dodrill

District Court, S.D. West Virginia · Aug 17, 2023

immunity. … immunity.”

Addington v. United States

75 F. Supp. 2d 520 · District Court, S.D. West Virginia · Mar 12, 1999

Section 7433 is a very limited waiver of the United States’ sovereign immunity. … The IRS is clearly authorized to issue notices of intent to levy pursuant to 26 U.S.C. § 6331 (a).

Feltner v. Consol of Kentucky, Inc.

District Court, S.D. West Virginia · May 15, 2018

Code § 23–2–6 (1991) to provide qualifying employers sweeping immunity from 7 common-law tort liability for negligently inflicted injuries.”). … Feltner however argues that CEI was not a mere agent of COK and therefore does not qualify for immunity under the statute. (See ECF No. 9 at 2.)

Simerly v. Osborne

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

Finally, Plaintiff argues that the Defendants are not entitled to qualified immunity. (Id.) … There is no question that the challenged use of 5 Plaintiff has apparently confused statutory immunity with qualified immunity. (See ECF No. 11 at 6.)

Buck v. Robinson

42 F. Supp. 697 · District Court, S.D. West Virginia · Jan 9, 1942

Plaintiffs have brought this action to recover damages for the unauthorized performance of three musical compositions entitled “You’ve Got Me This Way”, “My Blue Heaven”, and “Sweet Sue, Just You,” at defendants’ dine and dance establishment … Alexander testified that there was a rail with a little swinging door separating the dining room and the dance hall, but the evidence clearly shows that he was mistaken on this point.

Westfall v. Osborne

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

Finally, Plaintiff argues that the Defendants are not entitled to qualified immunity. (Id.) … There is no question that the challenged use of 5 Plaintiff has apparently confused statutory immunity with qualified immunity. (See ECF No. 11 at 6.)

Nowsco Well Service, Ltd. v. Home Insurance

799 F. Supp. 602 · District Court, S.D. West Virginia · Sep 24, 1991

We abolished charitable immunity for hospitals ... [and held] that there is a common law governmental immunity for municipal corporations ... … The existence of an alternative forum is ordinarily established when the defendant is “amenable to process” in the foreign jurisdiction.

United States v. ReBrook

837 F. Supp. 162 · District Court, S.D. West Virginia · Oct 26, 1993

If the indictment sets forth the elements of the crimes of which it accuses the Defendant in sufficient detail to notify him of the charges he faces, and does not present double jeopardy problems, it is immune to attack by … If the public had known video lottery expansion was imminent, clearly there would have been no incentive to delay its implementation until after the election.

Thacker v. Peak

800 F. Supp. 372 · District Court, S.D. West Virginia · Jun 3, 1992

Thacker does not contend that his conduct in protesting the vacation policy is entitled to protection under the First Amendment and inasmuch as it would fall clearly within the unprotected category of matters affecting purely … An employee’s subjective interpretation of events is not enough to establish a policy binding on the employer under an implied contract theory. Id.

Hall v. Putnam County Commission

District Court, S.D. West Virginia · Feb 12, 2024

The Court finds Pauley entitled to qualified immunity because no caselaw “reflect[s] the circumstances” presented in this case. Id. at 13. Qualified immunity is potent. … An official is entitled to qualified immunity unless (1) they violated a federal statutory or constitutional right and (2) that right was clearly established at the time of its violation. See Owens v.

Marcum v. Zimmer

887 F. Supp. 891 · District Court, S.D. West Virginia · Jun 7, 1995

To qualify, a Plan participant must show he “is unable to engage in any occupation for which he is qualified by education, training or experience.” Defendants’ Exhibit 2A at 5-6. … The Plan Administrator herein is an employee of the company establishing and purchasing insurance to fund the Plan, defendant Bristol-Myers Squibb Company.

Miller v. BAS Technical Employment Placement Co.

130 F. Supp. 2d 777 · District Court, S.D. West Virginia · Jan 12, 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 plaintiff … The best way to advance this objective is to accept the parties joined on the face of the complaint unless joinder is clearly improper.

Rose v. Sandy

District Court, S.D. West Virginia · Oct 30, 2023

conferred by the 11th Amendment also affords them immunity from suit, which includes discovery. … If objections are filed, the District Judge will consider the objections and modify or set aside any portion of the Order found clearly to be erroneous or contrary to law.