Case law

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.

Roberts v. Gestamp West Virginia, LLC

District Court, S.D. West Virginia · Oct 19, 2020

Courts that have considered comparable levels of impairment have concluded that such limitations do not qualify for ADA protection. … In order to establish a claim under the West Virginia Human Rights Act (WVHRA), a plaintiff must establish that they are a member of a protected class. See W. Virginia Univ. W. Virginia Bd. of Regents v.

Myers v. City of Charleston

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

Paragraph 122, labeled “Damages,” is clearly that: An enumerated list of alleged damages. … As the statute establishes in no uncertain terms, causes of action for injuries to the person and resulting in death do not survive.

Ohio Valley Environmental Coalition v. Bulen

315 F. Supp. 2d 821 · District Court, S.D. West Virginia · Apr 26, 2004

For these reasons, I FIND that OVEC has established a sufficient likeli *826 hood of success on the merits to support the issuance of a preliminary injunction. 1. … The plan to mitigate Revision 5, however, would clearly not be justified if the Corps were to deny IBR 9.

Clark v. Milam

830 F. Supp. 316 · District Court, S.D. West Virginia · Jul 22, 1993

In order to qualify for federal court deference to a parallel state proceeding under Colorado River, the federal case must duplicate the pending state proceedings. McLaughlin, 955 F.2d at 931 . … Clearly, this Court may not surrender its jurisdiction in deference to the Florida proceeding as Defendant Allen suggests. His argument to the contrary lacks merit. 7 .

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

24 F. Supp. 3d 532 · District Court, S.D. West Virginia · Jun 4, 2014

Rules promulgated pursuant to this subsection may not establish measurements for biologic components of West Virginia’s narrative water quality standards that would establish standards less protective than requirements that … Palmer was qualified as an expert in entomology, aquatic ecology, *562 and conductivity as it relates to mountaintop mining and stream ecology. Tr. at 56. Dr.

Carter v. Dunbar Police Department

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

or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The Defendant has met his burden of establishing that he is entitled to summary judgment on this claim.

Pack

District Court, S.D. West Virginia · Mar 25, 2026

“A prior decision does not qualify for” the clear-error exception “by being ‘just maybe or probably wrong; it must strike [the Court] as wrong with the force of a five-week-old, unrefrigerated dead fish.” … Fourth Circuit precedent clearly establishes that the relevant standard—the question the jury must answer—is whether the employer had a retaliatory motive, not whether the employer’s decision to terminate the employee was

Kerr v. Marshall University Board of Governors

District Court, S.D. West Virginia · Sep 21, 2017

) (“A district court’s dismissal under Rule 12(b)(6) is, of course, with prejudice unless it specifically orders dismissal without prejudice.”). 8 established … However, this is contrary to clearly-established precedent, which explains that a Rule 12(b)(6) dismissal for failure to state a claim is with prejudice and serves as a decision on the merits unless it is expressly

Prater v. Henry Schein, Inc.

621 F. Supp. 2d 363 · District Court, S.D. West Virginia · Oct 22, 2008

In this case, Defendant concedes that Plaintiff can establish the first two elements of the prima facie case, but it contends that he cannot establish the third. … Such conduct, as alleged, violated Defendant’s anti-harassment policies and would clearly serve as a LNDR.

Vyas v. Noem

District Court, S.D. West Virginia · May 8, 2025

Given the seriousness of this situation, I strongly urge you to consult a qualified immigration attorney regarding your situation. … relief to challenge agency recordkeeping and therefore the APA’s waiver of sovereign immunity does not extend to this claim.

Association of Chemical Employees v. E.I. Du Pont De Nemours & Co.

701 F. Supp. 1282 · District Court, S.D. West Virginia · Dec 21, 1988

After the Bhopal Disaster sixteen chemicals were identified corporate-wide as clearly the most hazardous that the Company uses. The Belle Plant handles eleven of the sixteen. … Under the ACE proposal, a determination that cause exists for testing must be made in writing by two supervisors, preferably the employee’s immediate supervisor or a qualified physician from the medical department.

United States v. Holtzclaw

950 F. Supp. 1306 · District Court, S.D. West Virginia · Jan 14, 1997

From the evidence, it was clearly the purpose of the Matewan Church to part with their money for investment in the Sell America scheme. … Courts have had little trouble applying the first and third elements of the Howey test and those elements are clearly met here.

Newland v. Ryle

District Court, S.D. West Virginia · Aug 29, 2024

Respondent argues that Petitioner’s Petition should be denied because “[i]t is well established that inmates are not entitled to prior custody credit for time spent in a Residential Reentry Center (RRC) or on home confinement … In the instant case, Petitioner is clearly seeking sentencing credit for a period of time she 3 was not in “official detention.”

Gilley v. C.H. Robinson Worldwide, Inc.

District Court, S.D. West Virginia · Mar 18, 2022

Motion to Preclude Argument That Following Regulations Provides Tort Immunity (ECF No. 245) Plaintiffs ask the court to preclude Robinson from arguing that … Thus, evidence of Robinson’s overall financial condition is not admissible unless the door is clearly opened with testimony, for example, that Robinson’s size or overall net profits render

Bell v. Board of Educ. of County of Fayette

290 F. Supp. 2d 701 · District Court, S.D. West Virginia · Nov 10, 2003

Section 1983 Claims Section 1983 provides a damages remedy against any person who, under color of state law, deprives another of any rights, privileges, or immunities secured by the federal constitution or laws. … That provision clearly invokes the applicable statute of limitations, in this case two years.

Ohio River Valley Environmental Coalition, Inc. v. Timmermeyer

363 F. Supp. 2d 849 · District Court, S.D. West Virginia · Mar 31, 2005

A party seeking fees under this standard must establish that as a result of its lawsuit, some success on the merits was obtained. Id. … Had Green Valley not withdrawn its application and the appeal led to reversal of the injunction, HCPA would not have achieved sufficient success *853 to qualify for an award of fees.

Milan Puskar Health Right v. Crouch

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

On April 10, 2021, state lawmakers passed Senate Bill 334, the Syringe Services Program Act, which establishes an oversight scheme for syringe service programs in West Virginia. … This clearly discriminates between new and existing providers. The Court must next consider whether there is a rational basis to justify this discrimination.

LaFauci

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

The pleadings establish that Plaintiff alleged within her Charge that she applied to three positions in total that she was qualified for yet not hired: (1) one position in October 2023, and (2) two other positions sometime … Plaintiff claims that less qualified applicants were hired to positions she applied to. (Id.)

Harbolt v. STEEL OF WEST VIRGINIA, INC.

640 F. Supp. 2d 803 · District Court, S.D. West Virginia · Jul 6, 2009

While prior injuries are clearly not required, they are commonly used to demonstrate actual knowledge. See Syl. pt. 2, Nutter, 550 S.E.2d 398 ; see also, e.g., Sias v. … See id. at 78 (listing five requirements which must be met to overcome a qualified privilege). Accordingly, summary judgment is granted. IV.