Case law

Portfolio Advisors VIII, LLC v. Bluestone Resources, Inc.

District Court, S.D. West Virginia · Sep 30, 2020

Specifically, Bluestone asserts that establishing the value of the equipment requires opinion testimony from a qualified expert and, “to the extent Mr. … Seibel is qualified to provide testimony as to its value based upon his personal knowledge.

Marfork Coal Co. v. Smith

274 F.R.D. 193 · District Court, S.D. West Virginia · Mar 17, 2011

It applies in the context of discovery as a qualified privilege against disclosure of information when the party asserting the privilege demonstrates that the disclosure would likely impair the associational activities of … Clearly, the information which Plaintiff seeks concerns the members and associational activities of Climate Ground Zero.

Porter v. First Bankshares, Inc.

District Court, S.D. West Virginia · Apr 20, 2022

. ¶13.2 In reviewing the Complaint, the Court notes that Plaintiff does not set forth clearly defined causes of action in separate paragraphs. … Likewise, the KSOP establishes when withdrawals may be made prior to termination. See Summ.

Reid v. Wilson

District Court, S.D. West Virginia · Mar 10, 2022

state entity, the West Virginia Supreme Court has held that “the broad categories of training, supervision, and employee retention…easily fall within the category of ‘discretionary’ governmental functions,” for which immunity … established’ right or law with respect to training, supervision, or retention.”

Ohio Valley Environmental Coalition v. Fola Coal Co.

120 F. Supp. 3d 509 · District Court, S.D. West Virginia · Aug 12, 2015

While an epidemiologist may be- qualified to run data analyses on any dataset, it should not be assumed that an epidemiologist is necessarily otherwise qualified to interpret the results of that analysis. Second, Dr. … Both numbers clearly indicate impairment and are a far cry from the pre-Fola mining scores.

McClenathan v. Rhone-Poulenc, Inc.

926 F. Supp. 1272 · District Court, S.D. West Virginia · May 30, 1996

Pre-established emergency response procedures were implemented by Defendant and public officials. As a result, the public was ordered to “shelter-in-place” and certain thoroughfares were closed temporarily. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Coffman v. Nexstar Media Inc.

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

“she was a ‘qualified person with a disability’ under the WVHRA.” … Coffman responds “[b]y asking for a reasonable accommodation of working from home” and “pursuing her . . . short-term disability rights,” she was “clearly” engaged in protective activity. [ECF 28 at 12].

West Virginia Department of Health & Human Resources v. Sebelius

172 F. Supp. 3d 904 · District Court, S.D. West Virginia · Mar 22, 2016

Instead, the state’s interest was clearly framed in terms of its own expenditures. … With respect to Count I, the state’s damages theory clearly sought to recover West Virginia’s expenditures on OxyContin prescriptions.

Brooks v. United States

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

A review of counsel’s cross- examination of McClure clearly shows that counsel addressed this during [her] extensive cross-examination. … Even if Defendant’s armed robbery conviction did not qualify as an enumerated offense, as he appears to be arguing here, it would qualify under the residual clause of the guideline, which was in effect at the time of Defendant

Ohio Valley Environmental Coalition, Inc. v. Maple Coal Co.

808 F. Supp. 2d 868 · District Court, S.D. West Virginia · Sep 2, 2011

Plaintiffs do, however, establish standing through declarants Martin and Siemiaczko. Standing through Mr. Siemiaczko is easily established. … Maple claims the WVDEP qualifies as a necessary party under Rule 19(a)(1)(B). The inquiry under Rule 19(a)(1)(B) is subject to a second two-part test.

Farmer v. Spartan Mining Co., LLC

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

As stated above, the Plaintiff pleads that he is a qualified disabled person. … All facts necessary to the affirmative defense must clearly appear on the face of the complaint. Id.

Brecht v. Warden

District Court, S.D. West Virginia · Mar 30, 2020

The record clearly reflects that the government relied upon petitioner’s prior offense of felony failure to affix a drug tax stamp to enhance his sentence, not the prior Possession … The petitioner bears the burden of establishing that he satisfies all four Wheeler savings clause criteria. ii.

Mordesovitch v. Westfield Insurance

244 F. Supp. 2d 636 · District Court, S.D. West Virginia · Jan 22, 2003

Clearly, “the primary motivating purpose behind the creation of the documents] was to assist in pending ... litigation.” Bedell, 484 S.E.2d at 213 . … bad faith action is “ ‘adversarial, not a fiduciary, relationship ... and that the legislature in creating the bad faith cause of action did not evince an intent to abolish the attorney-client privilege and work product immunity

Bills v. OS Restaurant Services, LLC

District Court, S.D. West Virginia · Jul 31, 2019

To establish a prima facie case of disability discrimination under the WVHRA a plaintiff must show that (1) he meets the definition of “disabled,” (2) he is a “qualified disabled person,” and (3) he was discharged from … Defendant clearly has articulated a nondiscriminatory reason for firing Plaintiff: it determined that Plaintiff was “unable to perform the essential functions of his position with or without accommodation.”

Blake v. Columbia Gas Transmission, LLC

District Court, S.D. West Virginia · Sep 17, 2021

Maddox might have qualified as an expert,5 the time for disclosing him as an expert is long past. … Maddox actually would qualify as an expert as that issue is not before the Court.

Williams v. United States

District Court, S.D. West Virginia · Aug 5, 2025

Simmons, 649 F.3d 237 (4th Cir. 2011) decision did not qualify as a new fact for purposes of Section 2255(f)(4). Id. at 184. … In the instant case, Movant wholly fails to allege new evidence establishes his actual innocence.

Williams v. United States

District Court, S.D. West Virginia · Aug 5, 2025

Simmons, 649 F.3d 237 (4th Cir. 2011) decision did not qualify as a new fact for purposes of Section 2255(f)(4). Id. at 184. … In the instant case, Movant wholly fails to allege new evidence establishes his actual innocence.

Osburn v. Huntington Alloys Corporation

District Court, S.D. West Virginia · Aug 9, 2018

The courts had plainly delineated the state law tort and clearly defined the elements required for recovery pursuant to that tort. Id., at 407. … Plaintiff argues that his case is like the Lingle case such that his claim stands independent of the CBA in this case and is therefore immune from Section 301’s preemption.

Sumpter v. United States

District Court, S.D. West Virginia · Sep 18, 2019

Murphy, including by requiring that he follow the procedures and abide by the standard of care it established. … The FTCA waives sovereign immunity for certain torts committed by employees of the United States but does not waive immunity as to the acts of independent contractors. Logue v.

West Virginia Ex Rel. McGraw v. CVS Pharmacy, Inc.

748 F. Supp. 2d 580 · District Court, S.D. West Virginia · Sep 21, 2010

The defendants have not established that the Attorney General’s claims impermissibly relate to coverage or benefits as established by the terms of a FEH-BA contract. … Defendants also launch a frontal assault on the Attorney General's allegation that they qualify as "creditor[s]” under section 46A-7-111. 2 .