Case law

Lavender v. United Mine Workers of America

285 F. Supp. 869 · District Court, S.D. West Virginia · Apr 30, 1968

A trusteeship established in accordance with such constitution and by-laws is, under the Act, presumed valid for a period of eight-teen months from the date of its establishment, but after the expiration of eighteen months … “When asserting what is clearly a violation of a federal statute, a union member should not be required to first seek out remedies which are dubious.” Detroy v.

In Re Madison Coal & Supply Co., Inc.

321 F. Supp. 2d 809 · District Court, S.D. West Virginia · Jun 24, 2003

After this congressional modification to gather the odd case into admiralty, the jurisdictional rule was qualified again in three Supreme Court decisions aimed at keeping a different class of odd cases out. … Failure to establish either the location or the connection test is fatal to an assertion of admiralty jurisdiction.

Ellis v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Jan 25, 2024

It also argues that it is entitled to qualified immunity to the extent the Plaintiff is asserting that it was negligent in supervising Sgt. Coleman. The Plaintiff did not respond to the motion. … The West Virginia Supreme Court of Appeals has established that the State of West Virginia and its agencies are immune from vicarious liability for torts committed by officials or employees “determined to have been acting

Lipscomb v. Bowen

750 F. Supp. 197 · District Court, S.D. West Virginia · Jun 28, 1989

It has a meaning which has been established by the GAB in other proceedings and by the Regulation in question. … Thus, it is perplexing to this Court that the Board in its draft decision relied upon such restrictions to find that the funds do not qualify as the State’s share.

Arkwright Mutual Insurance v. National Union Fire Insurance

148 F.R.D. 552 · District Court, S.D. West Virginia · Apr 29, 1993

This unambiguous language clearly and unequivocally limits application of 26(b)(4)(B) to discovery disputes between parties. … Determining the driving force behind the preparation of each requested document is therefore required in resolving a work product immunity question. *556 National Union, 967 F.2d at 984 (emphasis in original).

Hager v. American General Finance, Inc.

37 F. Supp. 2d 778 · District Court, S.D. West Virginia · Jan 7, 1999

The creditor shall clearly and conspicuously disclose ... to any obligor in a transaction subject to this section the rights of the obligor under this section. … Pauley told them that credit life insurance was mandatory in order to qualify for each of the loans and that they would not have purchased the insurance otherwise.

Tipton v. Secretary of Education of the United States

768 F. Supp. 540 · District Court, S.D. West Virginia · Jun 21, 1991

Plaintiffs argue that application of West Virginia’s consumer protection statute, W.Va.Code § 46A-2-103, clearly establishes that the original lenders and their assignees, particularly, HEAF and the Secretary, are subject … But neither the Government nor the Court of Appeals advanced any concrete reasons for rejecting well-established commercial rules which have proven workable over time.

Kostenko v. U.S. Department of Health & Human Services

916 F. Supp. 2d 661 · District Court, S.D. West Virginia · Jan 4, 2013

Not only does Plaintiff bear the burden of showing that the Court has subject matter jurisdiction, but he also “bears the burden of pointing to ... an unequivocal waiver of immunity.” … Illinois Council on Long Term Care, Inc., the Supreme Court noted that “those words [‘to recover on any claim arising under this subchapter’] clearly apply in a typical Social Security or Medicare benefits case, where an

United States v. Robinson

912 F. Supp. 212 · District Court, S.D. West Virginia · Jan 12, 1996

The Court reviews the evidence and makes specific findings regarding its ruling. 2 The Sentencing Guidelines provide: “[i]f a defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense … Simply put, Defendant Robinson does not qualify for the reductions because he did not admit, but in fact contested, the extent of his relevant criminal conduct.

Carter v. Monsanto Co.

635 F. Supp. 2d 479 · District Court, S.D. West Virginia · Jun 19, 2009

Specifically, the defendants asserted as federal defenses the government contractor defense and an immunity defense under the Defense Production Act, 50 App. U.S.C. § 2061 et seq. (Id. at 6.) … plaintiffs’ alternative motion for voluntary dismissal because such a ruling would render the past nine years of litigation a waste and would deprive the defendants of the right to have the question of government contractor immunity

LaRue v. WV Division of Corrections and Rehabilitation

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

To state a claim of deliberate indifference, a plaintiff must establish two elements. “First, the alleged constitutional deprivation must be, objectively, sufficiently serious.” … Dep’t of Transp., 914 F.3d 213, 228 (4th Cir. 2019) (“A proposed amendment is futile when it is clearly insufficient or frivolous on its face,” or “if the claim it presents would not survive a motion to dismiss.”).

Strawn v. AT & T MOBILITY, INC.

593 F. Supp. 2d 894 · District Court, S.D. West Virginia · Jan 20, 2009

In the instant case, we conclude that the prohibitions on punitive damages and class action relief that would be the result of the application of the provisions of Friedman’s purchase and finance agreement are clearly unconscionable … They contend that, unencumbered by the foregoing requirements, one need only qualify as a prevailing party under the WVCCPA in order to qualify for attorney fees and costs.

Gibbs v. Ames

District Court, S.D. West Virginia · Aug 9, 2024

immunity for Defendants Wooten, Moles, and Mitchell (see Surreply at 3–4), the Court notes that Judge Aboulhosn did not decide the issue of qualified immunity in his PF&R, and thus the Court does not address those arguments … However, even viewing the evidence in the light most favorable to the Plaintiff, he fails to establish that Defendant Bowman’s actions rose to the level of deliberate indifference.

Wale v. Hayhurst

District Court, S.D. West Virginia · Dec 30, 2020

Next, it argues that it is entitled to qualified immunity as to state law negligence claims. … In response, the Plaintiff argues that the WVDOCR is not entitled to qualified immunity because he alleges clear violations of his constitutional rights.

Kerr

District Court, S.D. West Virginia · Mar 25, 2026

(ECF No. 12 at 2.) 3 Because the Court determines that it lacks subject matter jurisdiction, it need not consider Plaintiff’s objections based on the substance of his claims and qualified immunity. … “Leave to amend should be denied on the ground of futility when the proposed amendment is clearly insufficient or frivolous on its face.” Bailey v. Bradford, 12 F. Supp. 3d 826, 831 (S.D. W.

Dupont v. United States

980 F. Supp. 192 · District Court, S.D. West Virginia · Nov 3, 1997

American courts adopted the English action for loss of consortium and established consortium as a contractual right vesting on marriage. … Clearly, the claim asserts a spouse’s independent rights in the marriage relationship. See Baio, supra, at 1351-54.

Gordon v. Croutch

District Court, S.D. West Virginia · Sep 29, 2021

Finally, with respect to plaintiff’s allegations as to certain defendants, he concluded that they might entitled to qualified immunity. … Jan. 16, 2020) (dismissal under Younger appropriate where case concerned “ongoing child custody matters clearly implicat[ing] important state interests”); Clark v.

James v. West Virginia Board of Regents

322 F. Supp. 217 · District Court, S.D. West Virginia · Jan 13, 1971

Since 1967, the students accepted for practice teaching in Mercer County have been predominately black, which fact is clearly established by evidence of record. … tins inciting others to violence on the campus and the destruction of school property was clearly beyond the limits of his First Amendment privileges, and we find that the efforts put forth and ac- i tions taken by the college

Miller v. Charleston Area Medical Center

District Court, S.D. West Virginia · Nov 14, 2023

Thus, “[t]o establish a prima facie religious accommodation claim, a plaintiff must establish that: ‘(1) he or she has a bona fide religious belief that conflicts with an employment requirement; (2) he or she informed … To be within the ADA’s protected class, one must be “a qualified individual with a disability.” (citing 42 U.S.C. § 12112).

Myers v. City of Charleston

District Court, S.D. West Virginia · Jul 21, 2020

At the outset of the case, the district court ordered the limitation of discovery to the issue of qualified immunity. Id. at 167. … Instead, it establishes an immunity defense to the types of claims brought by Plaintiffs. See, e.g., Hutchison v. City of Huntington, 198 W.