Case law

Miller v. United States

District Court, S.D. West Virginia · Jun 6, 2024

The complaint need not “forecast evidence sufficient to prove the elements of [a] claim,” but it must “allege sufficient facts to establish those elements.” Walters v. … Although neither Scott nor Thompson “clearly delineate which portion of the [MPLA’s] definition of ‘medical professional liability’ refers to anchor claims,” Neidig, 94 F.4th at 308, the MPLA encompasses only those claims

United States v. Moreland

366 F. Supp. 2d 416 · District Court, S.D. West Virginia · Apr 27, 2005

Specifically, I found that the defendant qualified as a Career Offender under § 4B1.1. … This enhancement provides *421 for both an enhanced offense level and an enhanced criminal history for qualifying defendants.

McCormick & Co. v. Brown

58 F.2d 994 · District Court, S.D. West Virginia · Oct 21, 1931

; and also because the complainants sought in the suit to redress the deprivation, under color of unlawful regulation by the commissioner of prohibition, of rights, privileges, and immunities secured to the complainants by … This is clearly the law where the state commissioner of prohibition is, as here, given the exercise of some discretion as to the granting or refusing to grant the permit.

Leffingwell v. Celebrezze

240 F. Supp. 745 · District Court, S.D. West Virginia · May 5, 1965

Clearly no medically determinable knee impairment has been shown by objective evidence. Concerning plaintiff's mental condition, Dr. Dennison stated that his anxiety reaction was perhaps his most serious impairment. Dr. … Hibbard, however, being a qualified psychiatrist, stated that plaintiff’s anxiety reaction did not cause any appreciable disability and concluded that this anxiety condition did not prevent him from being gainfully employed

Ohio Valley Environmental Coalition, Inc. v. Hobet Mining, LLC

723 F. Supp. 2d 886 · District Court, S.D. West Virginia · Jul 12, 2010

An interest does not qualify under Rule 19(a)(1)(B) unless claimed. … The statutory enforcement scheme clearly contemplates the existence of concurrent state and federal proceedings in cases where governmental enforcement is not adequate to bring a violator into compliance.

Riffe Ex Rel. Riffe v. Magushi

859 F. Supp. 220 · District Court, S.D. West Virginia · Jul 8, 1994

Nagaishi argues the exclusion clauses found in Section 1, Article 3(1)<4> and Section 1, Article 4, qualify Section 1, Article 1(1) because they are inconsistent in their terminology. … CIG-NA contends the insurance policy clearly and unambiguously excludes coverage for liability arising from the use of a rented vehicle.

Lawson v. City of St Albans, WV

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

He further alleges that Officer Poe aided Tracy Lawson in escaping by failing to perform her official duties and is thus not entitled to qualified immunity. … Absent facts establishing how the Defendants are linked in any way to the asserted harms the Plaintiff has suffered, the Court agrees with Magistrate Judge Aboulhosn’s assessment that the Plaintiff has failed to state a

Camico Mutual Insurance Co. v. Hess, Stewart & Campbell, P.L.L.C.

240 F. Supp. 3d 476 · District Court, S.D. West Virginia · Mar 8, 2017

Upon review, the Court finds this language.- clear and unambiguous and, as in Bryan Brothers, a lack of prior knowledge is clearly a condition precedent to coverage. … In doing so, the Legislature gave the members of PLLCs certain immunity from personal liability, 5 but with the caveat that the PLLC shall carry at all times at least one million dollars of professional liability insurance

Triangle Improvement Council v. Ritchie

314 F. Supp. 20 · District Court, S.D. West Virginia · Jul 2, 1969

There is nothing in the federal statutes which indicates that Congress intended to immunize the Bureau of Public Roads from judicial scrutiny of its acts. … When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order.

Steadfast Insurance Co. v. Berkley National Insurance Co.

217 F. Supp. 3d 904 · District Court, S.D. West Virginia · Nov 21, 2016

Next, I must establish which state’s contract law to apply in the present dispute. … Other persons or organizations qualifying as an INSURED in [the Berkley Primary Policy].” Berkley XS Policy 4 § III.A.2. .

Vote No on Amendment One, Inc. v. Warner

District Court, S.D. West Virginia · Jul 24, 2019

This action is clearly moot with respect to Vote No Coalition. … And such “disputes qualify as ‘capable of repetition’ when ‘there is a reasonable expectation that the challenged provisions will be applied against the plaintiffs again during future election cycles.’”

Broadnax v. United States

District Court, S.D. West Virginia · Sep 5, 2024

Defendants clearly argue dismissal under the former and, while not specifically stated, appear to also argue for dismissal under the latter.”). … However, plaintiffs cannot rely on general directives established by those sources to avoid the discretionary function exception.

Wellman v. Norjigtov

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

any steps to qualify Hasan Norjigitov to obtain or hold a valid commercial driver’s license. … In contrast to fact work product, opinion work product enjoys almost absolute immunity from discovery.

United States v. Majher

250 F. Supp. 106 · District Court, S.D. West Virginia · Jan 26, 1966

As clearly brought out in the Klubnikin case, supra, “The machinery established by the Selective Service Regulations is and of necessity must be geared to the prodigious task of processing millions of registrants. … It is well accepted that Jehovah’s Witnesses come under the ministerial exemption if they are regular or duly ordained ministers of religion and otherwise qualified. Dickinson v. United States, supra; United States v.

Jeffers v. Wal-Mart Stores, Inc.

84 F. Supp. 2d 775 · District Court, S.D. West Virginia · Feb 23, 2000

Therefore, “[ujnder Rule 12, judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … [Defendant’s] construction of [the provision] would therefore have the perverse effect of granting complete immunity from design defect liability to an entire industry that, in the judgment of Congress, needed more stringent

Yuri Jhoana Gutierrez Aroca, Arley Cabrera Valenzuela v. Christopher Mason, et al.

District Court, S.D. West Virginia · Aug 11, 2026

Although civil contempt is the appropriate legal basis for Petitioners’ claim, and Petitioners have established a prima facie case for civil contempt, the Respondents have properly established a defense to civil contempt … The court observed the following: “As a sovereign, the United States is immune from all suits against it absent an express waiver of its immunity.” Welch v.

Repass v. Northwestern Mutual Life Insurance

684 F. Supp. 2d 779 · District Court, S.D. West Virginia · Nov 18, 2009

According to the policy, in order to qualify for lifetime total disability benefits, Mr. … These limitations clearly established that plaintiff was partially disabled under the terms of the Policy.

Cat Run Coal Co. v. Babbitt

932 F. Supp. 772 · District Court, S.D. West Virginia · Aug 8, 1996

Clearly, OSM gave the requisite notice under the APA of proposed changes. … It was not until the May 1995 availability of the draft decision document that “landowners” were identified as “other responsible parties” as they had, under qualified circumstances, by the Clean Water Act.

American Safety Indemnity Co. v. Stollings Trucking Co.

450 F. Supp. 2d 639 · District Court, S.D. West Virginia · Aug 28, 2006

If the coverage is not intended to apply, the policy should clearly convey that insurance is not available. … Indeed, the Stage Show Pizza employer had lost its immunity for failure to pay its workers’ compensation premiums.

In re Serzone Products Liability Litigation

231 F.R.D. 221 · District Court, S.D. West Virginia · Sep 2, 2005

Clearly, Class Counsel, members of the Plaintiffs’ Executive Committee, and counsel for BMS had a keen appreciation for causation issues in this case as the record indicates that they carefully scrutinized individual plaintiff … fact sheets and medical records as well as all Serzone adverse event reports with the assistance of highly qualified medical experts.