Case law

Consolidation Coal Co. v. United Mine Workers, Local Union No. 6869

362 F. Supp. 1073 · District Court, S.D. West Virginia · Aug 10, 1973

The path the law is to follow is at times not clearly marked, but basic considerations provide judicial guidance. In Textile Workers Union of America v. … Under the present law, the individual members of the local union and their assets are immune from enforceable judgments.

Wolford v. Children's Home Society of West Virginia

17 F. Supp. 2d 577 · District Court, S.D. West Virginia · Aug 26, 1998

Here, the plaintiffs are clearly members of the class for whose benefit the statute was enacted, namely, prospective adopting parents. … Finally, I would note that the West Virginia Legislature has taken no action to immunize adoption agencies from tort liability.

In Re the Extradition of Atuar

300 F. Supp. 2d 418 · District Court, S.D. West Virginia · Dec 12, 2003

Having determined that Relator qualified for appointment of counsel, the Court appointed Assistant Federal Public Defender Edward H. Weis to represent Relator. … “The Government need only make out a prima facie case to establish identification. Numerous cases establish that identification in an extradition proceeding requires only a threshold showing of probable cause.”

Carter v. Division of Corrections

District Court, S.D. West Virginia · Sep 13, 2018

Plaintiff lodges several objections to the PF&R, all but two of which fail to identify specific portions to which objection is made or fail to clearly state the basis for the objection … WVDOC is permitted by well established law to search prisoners’ mail and seize any contraband. See Hudson v.

Crawford v. Daniels

District Court, S.D. West Virginia · Apr 30, 2024

Second, and relatedly, her response brief also mentions several defenses—judicial estoppel, collateral estoppel, and qualified immunity— that the Boone County Defendants never mentioned, much less raised.5 (Id. at 1.) … She next claims that Count III “alleges reckless conduct and deliberate indifference in violation of clearly established constitutional rights and laws by Defendant[] Boone County Commission.” (Id.) It does not.

Graening v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · Jun 8, 2022

dismiss stage, the court found that although plaintiff sufficiently stated a claim for deliberate indifference, the doctor and health administrator defendants were entitled to qualified … immunity.

McGee v. Cole

993 F. Supp. 2d 639 · District Court, S.D. West Virginia · Jan 29, 2014

Plaintiff *653 couples clearly allege a desire to get married in West Virginia and that they are legally qualified to do so if not for the fact they each couple is same-sex. … Neither do they ' allege that they legally are qualified to do so.

Coleman v. Kendall

District Court, S.D. West Virginia · Jul 14, 2025

“It is clearly established that the Fourth Amendment confers upon individuals a constitutional right to be free from excessive force during the course of an arrest.” Weigle v. Pifer, 139 F. Supp. 3d 760, 769 (S.D. W. … Rather, Plaintiff refers to his rights protected by the Eighth Amendment as examples of “clearly established law” violated by the Defendants that preclude qualified immunity.

Fain v. Crouch

District Court, S.D. West Virginia · Jun 28, 2021

By extending nondiscrimination protections to individuals under “any health program or activity,” Congress clearly intended to prohibit discrimination by any entity acting within the “health” system. … Therefore, as the gatekeeper to Martell’s health services, The Health Plan qualifies as a “health program” that Congress intended to rid of discrimination.

Carter v. United States

District Court, S.D. West Virginia · Nov 4, 2019

Both experts were well-qualified in the field of orthopedic medicine, and both were paid experts who reviewed the records without examining or treating Mr. Carter. … The Fourth Circuit further noted that “[b]ecause waivers of sovereign immunity must be strictly construed, the plaintiff bears the burden of demonstrating jurisdiction and showing that none of the FTCA's exceptions apply

McFarland v. Wells Fargo Bank, N.A.

19 F. Supp. 3d 663 · District Court, S.D. West Virginia · May 7, 2014

Among those disputed facts were that Quicken Loans "pressured" the plaintiff into a larger loan than she requested and placed her into a "higher interest rate loan than that for which she qualified.” Id. … This statement flies in the face of the March 8, 2008, agreement [Docket 54-14] and the June 20, 2009, agreement [Docket 54-15], which clearly display signatures from Wells Fargo representatives. .

Lane v. Fayette County Sheriff's Department

District Court, S.D. West Virginia · Sep 30, 2019

The Commission is thus not immune from this state law claim. … Commission “failed to properly investigate plaintiff’s injuries and take action against the defendants” and that “[r]epeatedly handcuffing and releasing plaintiff who was clearly

Clark v. Wilbur

913 F. Supp. 463 · District Court, S.D. West Virginia · Jan 11, 1996

(3) he has taken the required steps to establish his right. … Clark argues “it is by no means certain that annuities of the type in defendants’ IRAs would qualify as ‘life insurance’ under the statute.” PL’s Reply at 9. 9 The Court agrees.

Kania v. CHSPSC, LLC

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

Here, Plaintiff has established a prima facie case for FMLA retaliation. … “Once the plaintiff proffers evidence establishing his prima facie case, and the employer offers a non-retaliation reason of the adverse reaction, the plaintiff ‘bears the burden of establishing that the employer’s proffered

Coss v. Teters

District Court, S.D. West Virginia · May 12, 2023

immunity, (3) the claims against the Defendants should be treated as a Monell claim, which the Plaintiff has failed to sufficiently allege, and (4) punitive damages are inappropriate. … The Petition Clause clearly protects the rights of individuals to access procedures of redress, including making a legitimate criminal complaint.

In Re Heck's Properties, Inc.

151 B.R. 739 · District Court, S.D. West Virginia · Mar 26, 1992

Denial of Fees and Expenses Aggregating $214,362.45 It is well-established that the bankruptcy court’s findings of fact will not be disturbed unless clearly erroneous. See Bankruptcy Rule 8013. … The denial of fees to the extent of $6,400.00 is not clearly erroneous. 8.

Fraley v. Stoddard

73 F. Supp. 2d 642 · District Court, S.D. West Virginia · Apr 8, 1999

[b]ut, in order to qualify as “scientific knowledge,” an inference or assertion must be derived by the scientific method. … In short, the requirement that an expert’s testimony pertain to “scientific knowledge” establishes a standard of evidentiary reliability.

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

479 F. Supp. 2d 607 · District Court, S.D. West Virginia · Mar 23, 2007

In this matter, Plaintiffs’ interests clearly satisfy the zone of interests test. … While Plaintiffs’ expert, who was qualified and credible, disagreed, the testimony of the competing witnesses amounts to a battle of experts.

Bragg v. Wal-Mart Stores, Inc.

District Court, S.D. West Virginia · Jun 22, 2020

Individual Allegations Plaintiffs allege Walmart paid them less than similarly–qualified or less–qualified male employees and promoted them less quickly and less frequently than similarly–qualified … The Court goes on to state that “[i]t is sufficient if the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff,” and “[t]o accomplish this, the defendant must clearly

Sharp v. Aramark Food Service Corporation

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

The RFQ clearly indicates that the Defendant Aramark is responsible for the cost and expense of gloves. … It also clearly requires the DOC to supply all necessary cleaning and sanitation supplies for food service operation.