Case law

City of Hurricane v. Disposal Service Inc.

36 F. Supp. 3d 692 · District Court, S.D. West Virginia · Aug 6, 2014

See id. § 22-18-4. 1 Under the HWMA, the Director of the WVDEP is responsible for the promulgation of rules “establishing criteria for identifying the characteristics of hazardous waste, identifying the characteristics of … This allegation is central to Plaintiffs’ case and is thus not “clearly immaterial” or made solely for the purpose of obtaining jurisdiction.

Hall v. Putnam County Commission

District Court, S.D. West Virginia · Oct 26, 2022

Furthermore, even if a warrant is defective, so long as it was not “so obviously defective that no reasonable officer could have believed it to be valid” officers are entitled to qualified immunity from suits related to … Ramirez, 540 U.S. 551 (2004) (holding that execution of a facially invalid warrant did not entitle officers to qualified immunity); Smith v. Munday, 848 F.3d 248, 256 (4th Cir. 2017).

CSX Transp. v. BD. OF PUBLIC WORKS OF W. VIRGINIA

871 F. Supp. 897 · District Court, S.D. West Virginia · Jan 9, 1995

Ekeblad testified that he did not know of any *902 one qualified as an expert in the field of sales assessment ratio studies other than [opposing expert] Dr. … The Court thus concludes the evidence establishes the level of assessment of non-railroad commercial and industrial property in West Virginia for the 1993 tax year was appropriately calculated at 54.8 percent.

Nader 2000 Primary Committee, Inc. v. Hechler

112 F. Supp. 2d 575 · District Court, S.D. West Virginia · Sep 15, 2000

One candidate, John Hagelin of the Natural Law Party, qualified for the presidential ballot under the one (1) percent requirement. … Virginia voter who wishes to cast a vote for Ralph *579 Nader and his vice presidential choice has First Amendment interests of free speech and political expression in voting for the candidate of her choice. 1 It is well-established

Brown v. Belt

District Court, S.D. West Virginia · Mar 21, 2019

Qualified Immunity The court notes that in their reply, the State Defendants assert that they are entitled to qualified immunity but … and Colonel Smithers are entitled to qualified immunity.

Goan v. Shalala

853 F. Supp. 218 · District Court, S.D. West Virginia · Feb 3, 1994

The claimant had asserted that he was employed by Fitzgerald Properties for a time sufficient to establish his eligibility. However, Peter J. … The Taylor decision clearly establishes that, when a timely request for the issuance of a subpoena is denied, and the ALJ or Appeals Council relies upon the information contained in a report or statement issued by the individual

Collins

District Court, S.D. West Virginia · Mar 16, 2026

Moreover, this broad immunity “is not easily cast aside.” Id. … Without more, Defendants are immune from suit.

Poindexter v. Jeff Sandy

District Court, S.D. West Virginia · Mar 26, 2021

Defendants move to dismiss this claim, arguing that these Defendants are entitled to qualified immunity. Plaintiff did not address this argument in his response and seems to have abandoned this claim altogether. … He has not presented any evidence to support this claim, nor has he offered legal support to rebut Defendants’ qualified immunity claim.

Villers v. BD. OF TRUSTEES, SHEET METAL WORKERS'

901 F. Supp. 1111 · District Court, S.D. West Virginia · Sep 20, 1995

The foregoing clearly demonstrates the Plan has discretion to interpret and apply the terms of its governing documents. … Those arguments, however, are clearly devoid of any merit. 6 .

Burgess v. Butz

423 F. Supp. 27 · District Court, S.D. West Virginia · Aug 31, 1976

Some miners, including the named plaintiffs, sought food stamps, and were otherwise qualified for them financially, but were denied them since the strikes (at least as to certain plaintiffs) had been enjoined as illegal. … Upon further reflection, and based upon a thorough reexamination of the file in this case, the Court holds that the instant civil action is clearly moot. I.

Thompson v. Wilshire

District Court, S.D. West Virginia · Sep 5, 2025

immunity from suit. … Finally, he asks this Court to “reject the doctrines of absolute and qualified immunity completely” and find Defendant liable for Plaintiff’s alleged injuries. (Id. at 4-5). II.

Scotchel v. Karlin

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

, qualified immunity, the 4 Eleventh Amendment, res judicata, collateral estoppel, the applicable statute of limitations, personal jurisdiction … the ‘well-settled rule’ that a plaintiff may not seek reversal of a state-court judgment simply by casting his complaint in the form of a civil rights action; Supreme Court and [Fourth] Circuit precedent ‘clearly

Harper v. Public Service Com'n of West Virginia

291 F. Supp. 2d 443 · District Court, S.D. West Virginia · Nov 19, 2003

Plaintiffs assert that *449 their claims do fall within the Ex Parte Young exception to Eleventh Amendment sovereign immunity. (# 28, pp. 13-16.) … The PSC proceedings clearly were not “brought by the plaintiff to vindicate a wrong which had been inflicted by the State.”

Black v. Rhone-Poulenc, Inc.

173 F.R.D. 156 · District Court, S.D. West Virginia · Dec 19, 1996

There are clearly common, significant issues present, including the substantial questions of (1) whether Defendant was blameless or, in the alternative, acted intentionally, recklessly or negligently in allowing the leak … Defendant’s alleged actions were willful, wanton and reckless for purposes of punitive damages; (5) whether Defendant’s alleged conduct warrants global injunctive relief; and (6) whether Defendant might have some claim of immunity

Rutter v. Tibbs

District Court, S.D. West Virginia · Jun 4, 2024

Alternatively, Defendant Caudill seeks dismissal on the basis of qualified immunity. 3 II. … It is well-established that multiple actors can be the cause of a single constitutional injury. , 13 F.3d 791, 798 (4th Cir. 1994).

Harper v. Public Service Commission

416 F. Supp. 2d 456 · District Court, S.D. West Virginia · Feb 27, 2006

SWH asserts that under Pike , it is Plaintiffs who must establish that the statute’s burden on interstate commerce clearly outweighs the local benefits arising from it. … Merrell Dow Pharm., Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), because three of the four are not qualified and because the opinions of all four are not properly supported.

Hancock v. Rickard

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

no specific allegations against Warden Rickard; and 3 (8) Defendants are entitled to qualified … immunity.

Harper v. PUBLIC SERVICE COM'N OF WEST VIRGINIA

416 F. Supp. 2d 456 · District Court, S.D. West Virginia · Feb 27, 2006

SWH asserts that under Pike , it is Plaintiffs who must establish that the statute's burden on interstate commerce clearly outweighs the local benefits arising from it. … Merrell Dow Pharm., Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), because three of the four are not qualified and because the opinions of all four are not properly supported.

Boggess v. Positec Tool Corporation

District Court, S.D. West Virginia · May 23, 2024

Plaintiff had not yet retained counsel or “ha[d] a qualified independent expert inspect, test, and document the condition of the hedge trimmer.” … repackaged or placed its own branding upon the hedge trimmer and did not disclose the identity of the manufacturer under § 55-7-31(b)(9), she has stated a claim that Walmart is not entitled to immunity

Energy Marketing Services, Inc. v. Columbia Gas Transmission Corp.

639 F. Supp. 2d 643 · District Court, S.D. West Virginia · Apr 21, 2009

According to TCO, Credit Suisse stands for the proposition “that conduct subject to comprehensive oversight by a federal regulatory agency can be ‘clearly incompatible’ with, and hence immune from, the antitrust laws.” … West Virginia contract law is not “clearly incompatible” with FERC’s regulatory oversight. Credit Suisse, 127 S.Ct. at 2392 .