Case law

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 .

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

717 F. Supp. 2d 541 · District Court, S.D. West Virginia · Jun 14, 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.

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.

Roush v. Justice

949 F. Supp. 449 · District Court, S.D. West Virginia · Dec 23, 1996

The statute clearly does not permit or condone Defendants’ conduct. … In. ordering Plaintiff’s wages withheld to satisfy a nonexistent support obligation, and in overlooking Skeen’s letters, Defendants clearly violated the statute.

Parsons v. Board of Trustees of the Boilermaker-Blacksmith National Pension Trust

District Court, S.D. West Virginia · Sep 16, 2020

A Qualified Joint and Survivor Annuity (QJ&SA) is the principal mechanism for providing such survivor benefits. Id. … The QDRO does, however, clearly specify the percentage of the participant’s benefits which are to be paid to the Plaintiff.

Green v. Rubenstein

644 F. Supp. 2d 723 · District Court, S.D. West Virginia · Mar 18, 2009

Devere was clearly not deliberately indifferent to Plaintiffs medical needs. Accordingly, Plaintiffs objection regarding Dr. Devere is OVERRULED. IV. … Correctional Medical Services claims that it “does not qualify as a ‘person’ for purposes of 42 U.S.C. § 1983 .”

Watkins v. Lincare Inc.

District Court, S.D. West Virginia · Aug 24, 2023

response that admits certain matters, if possible, but denies or gives a qualified answer to the rest; or (5) an objection on a clearly stated ground—for example, on the basis that the matter demanded to be admitted is … But that is incorrect, because the facts that Plaintiff is asked to apply are not uncontroverted and established facts.

Wamsley v. Prime Care/Medical Staff

District Court, S.D. West Virginia · Nov 18, 2020

compensatory damages for emotional distress cannot rely on conclusory statements that the plaintiff suffered emotional distress [or] the mere fact that a constitutional violation occurred, but, rather, the testimony must establish … In the rare instance when the face of a complaint clearly demonstrates a prisoner’s failure to exhaust administrative remedies, sua sponte dismissal on that ground is appropriate.

Eghnayem v. Boston Scientific Corp.

57 F. Supp. 3d 658 · District Court, S.D. West Virginia · Oct 27, 2014

Failure to Establish or Adhere to Testing Protocol First and most simply, Dr. … Zakrzewski clearly indicates that he has no knowledge of who wrote the MSDS or why it was written. {See Za-krzewski Dep. [Docket 215-14], at 45). Dr.

Wolfe v. Green

660 F. Supp. 2d 738 · District Court, S.D. West Virginia · Apr 9, 2009

While removing defendants bear the burden of establishing the propriety of removal, it is the plaintiffs burden to establish proper service of process. See Childress v. … Service was clearly not effected under Rule 4(d)(1)(A), (B), (D), or (E).

Adams v. United States

District Court, S.D. West Virginia · Apr 7, 2023

The Supreme Court has established a two- step analysis to ascertain whether the “discretionary function” exception is appropriate in a given case. See United States v. … Thus, the manual does not conflict with the federal statutory and regulatory scheme addressed above, which the Plaintiff concedes clearly leaves

Keene v. United States

81 F.R.D. 653 · District Court, S.D. West Virginia · Feb 14, 1979

In this action Plaintiffs seek declaratory and injunctive relief to establish their right to obtain and use laetrile (Vitamin B17, amygdalin) without governmental interference for the purpose of treating cancer. … Professor Wright states: “It is clearly contemplated that every judgment in every class action will bind all of the members of the class except for those who have asked to be excluded in a (b)(3) action.”

Jairo Ramon Munoz Martinez v. Christopher Mason, et al.

District Court, S.D. West Virginia · Feb 27, 2026

After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established. … For state jail officials, those consequences include personal civil liability without qualified immunity protection.

Miguel Antonio Dominguez Izaguirre v. Christopher Mason, et al.

District Court, S.D. West Virginia · Feb 27, 2026

For state jail officials, those consequences include personal civil liability without qualified immunity protection. … After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established.

West Virginia Ex Rel. McGraw v. United States Department of Health & Human Services

132 F. Supp. 2d 437 · District Court, S.D. West Virginia · Mar 14, 2001

Prior to 1993, states were permitted, but not required, to establish estate recovery programs. See Pub.L. No. 89-97 (July 30, 1965); see also Pub.L. No. 97-248 § 132 , 96 Stat. 324 (1982). … The court FINDS that the estate recovery program clearly meets the first four requirements.

Rolando Alexander Escalante Carrillo v. Christopher Mason, et al.

District Court, S.D. West Virginia · Feb 27, 2026

For state jail officials, those consequences include personal civil liability without qualified immunity protection. … After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established.

Fitzpatrick

District Court, S.D. West Virginia · Feb 12, 2026

Defendant also claims that, as a matter of law, he is entitled to qualified immunity. (Id. at 11–14.) Each argument is addressed below. A. … For the subjective component, the plaintiff must establish that the prison officials acted with a sufficiently culpable mental state. Boone v. Stallings, 583 F. App’x 174, 176 (4th Cir. 2014).

Brevard v. Racing Corporation of West Virginia

District Court, S.D. West Virginia · Apr 13, 2020

The WCA is “the exclusive remedy as against an employer for workplace injuries or death and provides general immunity from suit for such injuries or death to qualifying employers.” Young v. … Consequently, this Court and the West Virginia Supreme Court of Appeals has established that the immunity provided by the WCA encompasses an action for negligent or intentional infliction of emotional distress.

Hanson v. Chesapeake & Ohio Railway Co.

198 F. Supp. 325 · District Court, S.D. West Virginia · Sep 30, 1961

Because of this they, perhaps better than lawyers, are qualified to interpret and apply them. Whether so or not, their judgment should carry weight when the judicial stage of controversy is reached. … The loser must go forward with attacking proof; but the facts are not conclusively established by the findings.

Monti v. West Virginia Technology Center

District Court, S.D. West Virginia · Jul 11, 2025

This chain of events is far too speculative to establish a reasonable expectation that Plaintiff will again face the conditions that he alleges occurred at Mildred Mitchell-Bateman Hospital. … Therefore, he clearly fails to state a claim against them.