Case law

Energy Corp. of America v. Bituminous Casualty Corp.

543 F. Supp. 2d 536 · District Court, S.D. West Virginia · Feb 4, 2008

Material facts are those necessary to establish the elements of a party’s cause of action. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). … Eastern is clearly not an insured under the express terms of the Umbrella Policy. The Umbrella Policy defines an insured as S.W.

EXECUTIVE RISK INDEMNITY, INC. v. Charleston Area Medical Center, Inc.

681 F. Supp. 2d 694 · District Court, S.D. West Virginia · Jul 30, 2009

The Hercules policy clearly provides insurance coverage for three different and distinct risks. … Schedule A is located on page 22 of Exhibit B and is clearly a part of the Hercules policy. 22 .

BlueHippo Funding, LLC v. McGraw

609 F. Supp. 2d 576 · District Court, S.D. West Virginia · Feb 25, 2009

The individual is then expected to make a certain number of payments to BlueHippo in order to qualify for financing from BlueHippo Capital. (Id. at 25). … The payments necessary to qualify for financing typically arrive at BlueHippo by (1) receipt of a personal check, or (2) the direct debit of the individual's bank account. (Id. at 64, 92). Mr.

Atlas Storage Co. v. United States

306 F. Supp. 570 · District Court, S.D. West Virginia · Oct 13, 1969

Whether or not certain expenditures for wiring and warehouse fixtures were deductible business expenses under Section 162 of the Internal Revenue Code of 1954 or capital expenditures which did not qualify for a deduction … The evidence clearly indicates that the physical operation and designation of the several taxpayers in the three groups were to a large degree interrelated and integrated.

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

Bostic v. Ohio River Co. (Ohio DiVision) Basic Pension Plan

517 F. Supp. 627 · District Court, S.D. West Virginia · Jul 6, 1981

Great Western United Corp., 443 U.S. 173, 183-184 , 99 S.Ct. 2710, 2716-2717 , 61 L.Ed.2d 464 (1979), such does not seem to have been Congress’ overriding concern in establishing ERISA venue. … While the Leroy court explained that the purpose of statutorily specified venue is generally to protect a defendant from a forum-shopping plaintiff, it prefaced that explanation with the qualifying “in most instances.”

Porter v. First Bankshares, Inc.

District Court, S.D. West Virginia · Jun 7, 2022

Summary judgment is appropriate when the nonmoving party has the burden of proof on an essential element of his or her case and does not make, after adequate time for discovery, a showing sufficient to establish that element … Thus, to the extent Plaintiff alludes to some wrongful distribution after she terminated her employment, the Court finds it is not a claim clearly alleged in the Complaint and it is belied by the fact the stock was worthless

Appalachian Power Co. v. Public Service Commission

630 F. Supp. 656 · District Court, S.D. West Virginia · Feb 14, 1986

all claims presented by the Plaintiffs on the grounds that Plaintiffs’ complaint does not allege an actual case or controversy, or, alternatively, in their favor on the Due Process Claim on the ground that the PSC enjoys immunity … The Transmission Agreement among the five signatory members of the AEP System is quite clearly a contract affecting a rate or charge for the use of facilities used in the transmission of electric energy from one state for

Mills v. Cabell County Board of Education

District Court, S.D. West Virginia · Aug 3, 2023

her” violated clearly established law. … As to the claim for intentional spoliation, Defendant CCBOE is immune from liability.

Clark v. Milam

872 F. Supp. 307 · District Court, S.D. West Virginia · Jun 28, 1994

Clearly, there is no identity between the cause of action asserted by GW LIFE in the consolidated action and those now asserted by the Plaintiff. … The foregoing statute clearly articulates the policy underpinnings for appointment of the Insurance Commissioner as receiver for an insurer.

Jesse v. Kijakazi

District Court, S.D. West Virginia · Sep 22, 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.” … Because qualifying statements are essentially symptoms, ALJs assess qualifying statements for consistency with the record in the same way they assess claimants’ other symptoms

Gomez v. Young

District Court, S.D. West Virginia · Feb 22, 2019

He asserts that the Texas conviction was properly considered as a predicate controlled substance conviction at the time of his sentencing, but subsequently decided case law establishes that it no longer qualifies as a predicate … He contends that settled law at the time of his sentencing established that state statutes could be analyzed under the modified categorical approach to determine whether a prior conviction qualified as career

Carter v. United States

District Court, S.D. West Virginia · Oct 2, 2019

§ 2402 clearly indicates that tort claims against the United States for money damages “shall be tried by the court without a jury.” Id.; also Lehman v. … The mediation shall otherwise be conducted pursuant to Rule 25 of the Trial Court Rules, unless portions of the rule are clearly not applicable to a mediation conducted prior to the filing of a complaint or unless

Rohm & Haas Co. v. Roberts Chemicals, Inc.

142 F. Supp. 499 · District Court, S.D. West Virginia · Jun 27, 1956

'Therefore a given composition can not be •established as infringing either claim 10 ■or claim 28 without resorting to a performance in use test because in each the product is described in terms of functions.” … I am not qualified to decide in the absence of evidence at the trial (and none was given) whether or not certain of the claims in the reissue patent deal with entirely different subject matter from that of the original patent

G. B. v. Wood County Board of Education

District Court, S.D. West Virginia · Mar 24, 2025

The Board argues that dismissal is proper because Plaintiffs (1) failed to allege that the Board was acting under color of law and (2) failed to establish that Defendant violated a fundamental right. … The ADA forbids schools from discriminating against any “qualified individual with a disability”, id. at 918 (quoting 42 U.S.C. § 12132), while the Rehab act “imposes similar restrictions on . . . schools,” id.

Blankenship v. NBCUniversal, LLC

District Court, S.D. West Virginia · Feb 2, 2022

The standard articulated in Anderson clearly contemplates that summary judgment is an appropriate procedure for addressing actual malice. … a plaintiff who qualifies as a candidate for public office to establish a case for a false light invasion of privacy, he must prove that: (1) the defendant gave publicity to a matter

Baker v. CSX Transportation, Inc.

District Court, S.D. West Virginia · Aug 2, 2021

Summary judgment is appropriate when the nonmoving party has the burden of proof on an essential element of his or her case and does not make, after adequate time for discovery, a showing sufficient to establish that … Resp. 6, the information contained in the redacted COII was clearly relevant to each individual investigation because the very basis of the Defendants’ suspicions was the curiously similar nature of the more than 56 COII

Arch Insurance Company v. Berkley National Insurance Company

District Court, S.D. West Virginia · Jun 24, 2019

In , the court found that the indemnity provision “clearly and unequivocally” provided for indemnity, even for the indemnitee’s own negligence. , 619 A.2d at 288. … The plaintiff argues that while Stic-Lan’s immunity bars recovery from Mr.

Barr v. Ireland

575 F. Supp. 2d 747 · District Court, S.D. West Virginia · Sep 5, 2008

The Barr/Root campaign learned on August 10 and August 28, 2008, that it did not qualify for the ballot for failure to satisfy the two requirements. … In an effort to provide some means for adjudicating where the lines are properly drawn when such weighty interests collide, the *756 Supreme Court in Anderson established a settled framework.

Lockhart v. United States

District Court, S.D. West Virginia · Sep 16, 2024

Laws § 750.84(1)(a) was “a specific intent crime that categorially qualifies as a crime of violence under the Sentencing Guidelines.” (Id.) … Raybon clearly held that a prior Michigan conviction for assault with intent to do great bodily harm less than murder qualifies as a crime of violence. Raybon, 867 F.3d at 632.