Case law

West Virginia Motor Truck Ass'n v. Public Service Commission

123 F. Supp. 206 · District Court, S.D. West Virginia · Nov 15, 1954

Clearly, in. determining these questions, the Commission was acting in anything but a. purely ministerial capacity. … Such a construction of the statute voids the statute as discriminatory in that it grants to one class an immunity protection, benefit or privilege not granted to others, without a rational basis in fact to support the classification

Shelton v. Collins Career Center

District Court, S.D. West Virginia · Dec 8, 2020

This grant of immunity is subject to several exceptions. … LCJVSD is clearly a political subdivision under the plain language of Ohio Rev. Code § 2744.01(F).

Guaranty Trust Co. of New York v. West Virginia Turnpike Commission

109 F. Supp. 286 · District Court, S.D. West Virginia · Nov 14, 1952

If it were the court would clearly be without jurisdiction to entertain it. … In accordance with well established principles of statutory construction, the language which is the subject of our study must be interpreted and construed so as to give effect, if possible, to every part of the Act.

Corbett v. Duerring

726 F. Supp. 2d 648 · District Court, S.D. West Virginia · Jul 21, 2010

Clearly, Beine’s filing of this civil action instead of an employee grievance was appropriate under these circumstances. Id. … Claims qualifying as grievances under the WVPEGP include the following: (i) Any violation, misapplication or misinterpretation regarding compensation, hours, terms and conditions of employment, employment status or discrimination

Brooks v. Fast Change Lube & Oil Inc.

District Court, S.D. West Virginia · May 31, 2022

To start, Defendants’ interpretation is contradicted by clearly established Fourth Circuit and Supreme Court precedent, which provides that the third element of causation for a prima facie case can be established if the … To establish a claim of disability discrimination under the WVHRA, a “plaintiff must show that he is a disabled person within the meaning of the law, that he is qualified to perform the essential functions of the job (either

Johnson v. United States

906 F. Supp. 1100 · District Court, S.D. West Virginia · Dec 11, 1995

U.S. does not hold that a failure to raise the objection of a defect in presentment bars the use of that objection, it only “qualifies” the use of that objection. … The FTCA is a limited waiver of sovereign immunity and permits suit only on terms and conditions strictly prescribed by Congress. 28 U.S.C. §§ 2671-2680 ; Honda v.

Hoffstot v. Dickinson

71 F. Supp. 897 · District Court, S.D. West Virginia · Apr 30, 1947

Moreover, the Blair deed reservations clearly contemplate a joint use of the surface for the exercise of mining rights. … Nevertheless, it was a matter that must have been agreed upon before a binding contract could be established.

Lucas v. Ballard

District Court, S.D. West Virginia · Mar 21, 2018

The plaintiff must allege facts showing that the alleged retaliatory action either violated a clearly-established constitutional right or “constituted punishment for [his] exercise of a constitutional right.” … Accordingly, there is a clearly-established right under the First Amendment to be free from such retaliation.

Bragg v. Robertson

54 F. Supp. 2d 635 · District Court, S.D. West Virginia · Mar 3, 1999

The Court recognizes “ ‘[T]he grant of interim relief [is] an extraordinary remedy involving the exercise of a very far-reaching power, which is to be applied only in limited circumstances which clearly demand it.’ ” Steakhouse … Neither Defendants nor Hobet attempt to argue that Spruce Fork was granted a variance or that it was qualified for one.

Ferguson v. Wilson

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

immunity.” … , 188, 204 (point 20) (documenting that although plaintiff had an outside doctor advise she wear supportive shoes, there were no abnormalities in plaintiff’s ankle/foot/toes that qualified

Braxton v. Young

District Court, S.D. West Virginia · Aug 12, 2021

Fortner for the pre-marked money, plaintiff has not demonstrated with admissible evidence that any of these failures actually occurred or that any of these steps were necessary to establish … The magistrate judge aptly concluded that a finding in plaintiff’s favor would not modify the court’s earlier ruling that Callison is entitled to qualified immunity for the claim that

Spring Branch Mining Co. v. United Mine Workers of America 1950 Pension Trust & 1950 Pension Plan

691 F. Supp. 973 · District Court, S.D. West Virginia · Sep 30, 1987

In addition, ERISA establishes a system of pension benefit insurance. … Clearly, this definition does not expressly address the issue presented here.

Pressley Ridge Schools, Inc. v. Stottlemyer

947 F. Supp. 929 · District Court, S.D. West Virginia · Dec 9, 1996

Title 42 U.S.C. § 1983 establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. … required only quantified baseline data in approvable Behavior Management Plans, while the agency regulations contained in the Medicaid Provider Manual permitted both quantified and qualitative/descriptive baseline data to qualify

Forloine v. Persily

District Court, S.D. West Virginia · Mar 27, 2024

immunity. … Qualified immunity is “not available in an official- capacity suit brought against a government entity or a government officer as that entity’s agent.” Ridpath v.

In Re Silver Bridge Disaster Litigation

381 F. Supp. 931 · District Court, S.D. West Virginia · Jul 12, 1974

The Tenth Circuit rejected the Government’s contention that the United States had not waived immunity for such claims. … The legislation’s scope is clearly confined only to bridges over navigable waters.

Kingery v. Quicken Loans, Inc.

300 F.R.D. 258 · District Court, S.D. West Virginia · May 21, 2014

In addition, she has retained counsel who are qualified and able to represent the class. The declarations filed by Ms. … Predominance Federal Rule of Civil Procedure 23(b)(3), “as an adventuresome innovation, is designed for situations in which class-action treatment is not as clearly called for.” Comcast Corp. v.

Prudich v. Saul

District Court, S.D. West Virginia · Mar 11, 2021

Substantial evidence is not, however, “[w]itness testimony that’s clearly wrong as a matter of fact,” “[f]alsified evidence,” “[s]peculation,” or “conclusory assertions.” … That said, not all opinions by doctors qualify for the rule. Only opinions that are “on the issue(s) of the nature and severity of [claimants’] impairment(s)” qualify. 20 C.F.R.

Lester v. United Mine Workers of America Health & Retirement Fund

40 F. Supp. 2d 800 · District Court, S.D. West Virginia · Feb 17, 1999

Ignatiadis clearly stated in his 1994 letter that the plaintiffs injuries were related to his 1987 accident. … However, the chronic pain mentioned in the ALJ’s decision clearly is related to the pain from the cervical sprain.

State of West Virginia v. Ziegler

District Court, S.D. West Virginia · Jan 28, 2020

Defendant filed his notice of removal on the ground that plaintiff “blatantly violat[ed] this Pro Se Defendant- Petitioner’s clearly established Federal Civil Rights unambiguously … established federal law.

United States v. Jammal

90 F. Supp. 3d 618 · District Court, S.D. West Virginia · Feb 9, 2015

“Once it has been determined that a person does not qualify for citizenship, ... the district court has no discretion to ignore the defect and grant citizenship.” U.S. v. … Because those unlawful acts clearly adversely reflect on Defendant’s moral character, Defendant did not have the good moral character required and therefore illegally procured naturalization.