Case law

Holley v. Thompson

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

Second, should the Court permit the Plaintiff’s claim against the John Doe officer to proceed, WVDCR argues that it is entitled to qualified immunity because the officer’s alleged conduct falls outside the scope … Having found dismissal appropriate on these grounds, the Court does not reach the question of whether WVDCR is entitled to qualified immunity. C.

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.

Johnson v. Wilson

District Court, S.D. West Virginia · Mar 29, 2019

The court finds that the magistrate judge correctly concluded that well-settled law establishes that, based upon sovereign immunity, the United States of America cannot … Legislative Immunity In the plaintiff’s objections, she wrote that “Plaintiff Johnson understand that Congressman Jenkins have ‘Absolute or Qualified Immunity.’

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).

Charles Palmer v. Steel of West Virginia, Inc.

District Court, S.D. West Virginia · Oct 24, 2025

ANALYSIS An employer maintaining workers’ compensation insurance is generally immune from liability at common law or by statute. W. Va. Code § 23-2-6. … surface until the hazard is corrected or repaired; and (3) When any correction or repair involves the structural integrity of the walking- working surface, a qualified

Cook v. Espy

856 F. Supp. 1095 · District Court, S.D. West Virginia · Jun 27, 1994

The legislative history clearly explains Congress’s rationale for modifying the former method of accounting for vehicles: It is not the Committee’s intention in including the partial market value of some automobiles as assets … It does establish that when it added the fair market value provision to § (g)(2) in 1977, Congress intended the equity value of licensed vehicles be disregarded. 1977 U.S.C.C.A.N. 2066-67; see supra, p. 1097.

Doe v. Marshall University Board of Governors

District Court, S.D. West Virginia · Jul 19, 2023

As this Court recently explained “[t]he Supreme Court of Appeals of West Virginia has held that West Virginia—or its agencies, officials, or employees—is entitled to qualified immunity where the allegedly injurious conduct … constitutes a discretionary governmental function unless ‘plaintiff has demonstrated that [the relevant] acts or omissions are in violation of clearly established statutory or constitutional rights or laws of which a reasonable

Hall v. Putnam County Commission

District Court, S.D. West Virginia · Jul 5, 2023

Usually, the subject matter of a deposition is not well-defined in advance; thus, the need for prospective relief is more difficult to establish than in other methods of discovery. … Clearly, the Court is not in a position to rule in advance on whether Ms.

Pritt v. Blue Cross & Blue Shield of West Virginia, Inc.

699 F. Supp. 81 · District Court, S.D. West Virginia · Oct 26, 1988

After considering the Court’s analysis in Royal Drug, this Court concludes that the present provider agreement clearly cannot be characterized as the “business of insurance within the meaning of the McCarran-Ferguson Act. … With regard to Defendant’s allegation that several of Plaintiff’s claims are preempted by ERISA, the critical issue for the Court to determine is whether Plaintiff qualifies as a “beneficiary” within the meaning of the Act

Allstate Insurance v. Ashley

833 F. Supp. 583 · District Court, S.D. West Virginia · Oct 8, 1993

Ashley’s damages exceeded $50,000, she qualified as an underinsured motorist under her Allstate policy. … Four of the Defendants’ vehicles are clearly covered by one policy and one declaration sheet.

Clark v. Deskins

District Court, S.D. West Virginia · Jun 27, 2019

Code § 51- 2A-3 (establishing family court circuits and setting number of judges). … These are clearly judicial acts. Plaintiff nonetheless argues that Defendant is not immune from suit because she entered into a prior agreement with Plaintiff’s ex-wife to rule in his ex-wife’s favor.

United States v. West Virginia

238 F. Supp. 2d 751 · District Court, S.D. West Virginia · Aug 5, 2002

The Provider Tax Act clearly directly taxes health care providers. W.Va.Code § 11-27 et seq. … The Court further holds that the Provider Tax Act does not qualify for FEHBA exemption, pursuant to 5 U.S.C. § 8909 (f)(2).

Collins v. Keller

District Court, S.D. West Virginia · Sep 28, 2018

Keller’s fraudulent practice by February 25, 2016, to comply with the two-year statute of limitations established for Section 1983 claims. … In other words, the West Virginia Supreme Court clearly held in Cavendish that the one-year statute of limitations still applies to defamation claims.

Leary v. Hobet Mining, Inc.

981 F. Supp. 452 · District Court, S.D. West Virginia · Oct 23, 1997

Leary was qualified to do her job and probably qualified to perform some of the remaining jobs in the department. ■ McDaniel Depo. at 49-50. … Leary clearly satisfies the first two elements because she took FMLA leave and she was terminated; the dispute focuses on whether she satisfies the third element. Mrs.

United States v. Lambert

915 F. Supp. 797 · District Court, S.D. West Virginia · Jan 31, 1996

Earthmoving equipment qualifies as a point source. See Avoyelles, 715 F.2d at 923; Sinclair Oil, 767 F.Supp. at 205. Third, the Kanawha River is a water of the United States. … This material qualifies as refuse under RHA Section 13. Moreover, this refuse was placed both on the riverbank and directly in the River.

Cyrus v. Walker

233 F.R.D. 467 · District Court, S.D. West Virginia · Jan 26, 2005

Not only must the party seeking certification meet the four requirements of Rule 23(a), but the party must also qualify under one of the subdivisions of Rule 23(b). 5 See Eisen v. … Indeed, the Court finds that Plaintiffs clearly can show numerosity as they have alleged 359 recipients have had their benefits terminated under the policy being complained about in this action.

Canal Insurance v. Dupont

47 F. Supp. 3d 460 · District Court, S.D. West Virginia · Sep 11, 2014

If coverage is not intended to apply, the policy should clearly indicate that insurance is not available. … Va.Code §§ 17D-4-12(b) and 3 3-6-31(a) couch their applicability on important qualifying language.

Center for Individual Freedom, Inc. v. Tennant

849 F. Supp. 2d 659 · District Court, S.D. West Virginia · Jul 18, 2011

In the alternative, WVFL argued that it qualified as an “MCFL corporation” and was therefore impliedly excepted from the corporate ban. … If the communication is disseminated by broadcast, cable and satellite transmission, the statements must be both clearly spoken and clearly readable.

Tomashek v. A.S. Meadows

District Court, S.D. West Virginia · Apr 2, 2018

The jail defendants allege that they have qualified immunity for the three counts remaining against them. Mem. Law Supp. Mot. Set Aside Default 6 [ECF No. 81]. … They briefed the issue of qualified immunity in their summary judgment motion, which has not yet been ruled on. Mem. Law Supp. Mot. Summ. J. [ECF No. 69]. This potential defense weighs in their favor.

HSBC Bank USA v. Resh

40 F. Supp. 3d 728 · District Court, S.D. West Virginia · Aug 21, 2014

Praxair, Inc., 494 F.3d 458, 464 (4th Cir.2007) (noting that “the burden of establishing the affirmative defense rests on the defendant”). … While previous provisions in the contract clearly noted windows that had been installed in 1989, they did not clearly note replacement windows installed in 1999. Id. at *4.