Case law

Ferguson v. The Chemours Company FC LLC

District Court, S.D. West Virginia · Nov 3, 2022

Second, there is no immunity if the employer acted “with deliberate intention.” Id. § 23-2-6a. … establish them.

L.C.

District Court, S.D. West Virginia · Aug 18, 2026

“A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the … objection on a clearly stated ground.

Bibbs v. New River Community & Technical College

285 F.R.D. 382 · District Court, S.D. West Virginia · Sep 12, 2012

Defendants explain the information is relevant to their defense that Plaintiff was not more qualified than the selected applicants. … Berger presiding, will consider the objections and modify or set aside any portion of the Order which it finds to be clearly erroneous or contrary to law.

Lowe v. Ballard

District Court, S.D. West Virginia · May 15, 2023

The Fourth Circuit has established that district courts should consider the following factors in considering motions to set aside default pursuant to Rule 55(c): “whether the moving party has a meritorious defense, whether … Ballard’s motion further emphasizes that he has a potentially meritorious defense to this action, including a right to qualified immunity, and there is no evidence in the record establishing that Plaintiff will be unduly

Holloway v. Hechler

817 F. Supp. 617 · District Court, S.D. West Virginia · Sep 29, 1992

Rhodes, 393 U.S. 23 , 89 S.Ct. 5 , 21 L.Ed.2d 24 (1968) ] protects the “right of qualified voters, regardless of political persuasion, to cast their votes effectively,” 393 U.S. at 30 , 89 S.Ct. at 10 (emphasis added), and … Section 1 of the Fourteenth Amendment provides: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty

County Commission of McDowell County v. McKesson Corp.

263 F. Supp. 3d 639 · District Court, S.D. West Virginia · Jul 3, 2017

In order to establish fraudulent joinder in a particular case, a removing defendant must show either (1) there is no possibility that the plaintiff can establish a cause of action against the removing defendant, or (2) that … The notice must contain a “screening certificate of merit” executed under oath by a qualified expert. If this requirement is not met, the case must be dismissed. See Stanley v.

Lucas v. ICG Beckley, LLC

District Court, S.D. West Virginia · Feb 23, 2018

(e) Where persons are transported into or out of a mine by a hoist, a qualified hoisting engineer shall be on duty while any person is underground. … Va. 2001) (finding that an employer was not immune under W. Va.

Harper v. Public Service Com'n of WV

427 F. Supp. 2d 707 · District Court, S.D. West Virginia · Apr 11, 2006

These burdens are clearly excessive in relation to any benefit achieved by virtue of West Virginia Code 24A-2-5’s certification requirement. E. … There clearly is a causal connection between the PSC’s actions and deprivation of Plaintiffs’ federally protected rights. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir.1978). I.

Cox v. Cabell Huntington Hospital, Inc.

863 F. Supp. 2d 568 · District Court, S.D. West Virginia · Mar 2, 2012

Specifically, Defendant argues that Plaintiff must provide a screening certificate of merit executed under oath by a qualified *570 expert before filing this suit. Def.’s Mem. in Supp. … However, this provision clearly incorporates state law only as a measure of damages, and does not incorporate procedural requirements for pursuing an EMTALA action.

Fain v. Crouch

District Court, S.D. West Virginia · May 19, 2021

Here, Fain argues that Congress clearly and unambiguously conditioned federal Medicaid funding on states’ waiver of immunity for nondiscrimination provisions when it enacted Section 1003 of the Civil Rights Remedies Equalization … WVDHHR’s Motion is denied as to immunity.

Boyes v. Simmons

District Court, S.D. West Virginia · Jul 7, 2020

extent Plaintiff also asserts a claim against Pickenpaugh in his individual capacity, the PF&R found that the Amended Complaint fails to state a claim upon which relief could be granted and that Pickenpaugh is entitled to qualified … immunity on Plaintiff’s Fourth Amendment claim.

Totten v. Scaife

District Court, S.D. West Virginia · Jan 24, 2022

Scaife used his bare hands to give Plaintiff an episiotomy and angrily advised Plaintiff Lindsey Totten that he was abandoning his duties without providing a qualified second Doctor to complete the birth. … Scaife is even more clearly within the confines of providing health care. As discussed above, all the allegations against Dr.

Good v. American Water Works Co.

310 F.R.D. 274 · District Court, S.D. West Virginia · Oct 8, 2015

Rosen, who is clearly qualified from an economic perspective, was responsible for selecting variables in Mr. … One commentator so observes: [Although it is clear that plaintiffs seeking issue class certification must establish the four components of Rule 23(a), there is less certainty as to what they must establish under Rule 23(b

Varney v. Barnhart

325 F. Supp. 2d 709 · District Court, S.D. West Virginia · Jun 23, 2003

Ultimately, the claimant bears the burden of establishing a prima facie entitlement to benefits. See Hall v. … It is clear from the plain language of this regulation that the claimant’s activity does not qualify for consideration as an “unsuccessful work attempt.”

Nichols v. County Commission of Cabell County

District Court, S.D. West Virginia · Aug 22, 2018

As a government official being sued in her personal capacity, Defendant Thompson has the privilege of asserting qualified immunity. See Kentucky v. Graham, 473 U.S. 159, 165–167 (1985). … For a plaintiff to defeat a government official’s qualified immunity, the plaintiff must demonstrate that the defendant violated “clearly established statutory or constitutional rights of which a reasonable person

SLIGHT BY AND THROUGH SLIGHT v. EI Du Pont De Nemours & Co.

979 F. Supp. 433 · District Court, S.D. West Virginia · Sep 23, 1997

A party wishing to establish fraudulent joinder 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 that … will apply in resolving the case, 2 and Plaintiffs have identified no comparable English law theory of liability against Winterkamp; and (4) Plaintiffs’ second theory of liability against Winterkamp—that an employee is not immune

Jones v. Home Loan Investment, FSB

718 F. Supp. 2d 728 · District Court, S.D. West Virginia · Mar 22, 2010

Plaintiff *737 contends, in essence, that defendants did not properly qualify her for the loan she was given as evidenced by her inability to pay it off. … The court in Ocwen summarized its conclusions as follows: "[s]ome of the charges are pretty clearly, even certainly, preempted, as we have tried to indicate.

Stone v. CSX Transportation, Inc.

37 F. Supp. 2d 789 · District Court, S.D. West Virginia · Feb 22, 1999

The plaintiff, however, did not clearly specify the maintenance and inspection duties that she believed were required of the railroad. … The railroads claimed that the engineer was well qualified to operate the Amtrak locomotive over the track in question.

Knapp v. Americredit Financial Services, Inc.

245 F. Supp. 2d 841 · District Court, S.D. West Virginia · Feb 18, 2003

There is no evidence that, absent the car, the Knapps would have qualified for such a loan. The. Knapps responded to an advertisement for people with credit problems to purchase cars. … Crown customers who did not qualify for bank financing were sent to Preece's "special finance” department. (Def. AmeriCredit's Mot. for Summ. J., Ex 3, Preece dep. at 15-16.) 2 .

Rhodes v. King

District Court, S.D. West Virginia · Aug 11, 2020

in violation of clearly established laws” and is asserted against the Commission. … in violation of clearly established laws” against Defendant King.