Case law

Cunagin v. Cabell Huntington Hospital, Inc.

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

Upon review, however, the Court finds Minnich and Faircloth clearly are distinguishable from the present case. … Clearly, those requirements focus on medical doctors, and it would be absurd (if not impossible) to have a licensed physician opine to a “reasonable medical probability” as to sufficiency of a security system.

Price v. Equifax Information Services

District Court, S.D. West Virginia · May 15, 2020

The complaint need not “forecast evidence sufficient to prove the elements of [a] claim,” but it must “allege sufficient facts to establish those elements.” Wright v. N. … “In so mandating, Congress clearly intended furnishers to review reports not only for inaccuracies in the information reported but also for omissions that render the reported information misleading.” Id.

Simmons

District Court, S.D. West Virginia · Mar 13, 2026

The pending Rule 12(c) motions indeed present multiple issues, including municipal liability, supervisory liability, qualified immunity, and the sufficiency of Plaintiffs’ Fourth Amendment claims. … Local Rule 7.1(a)(2) establishes a default page limitation for memoranda and provides that motions to exceed that limitation will be denied absent a showing of good cause.

Eagon v. Cabell County Emergency Medical Services

District Court, S.D. West Virginia · Jun 10, 2025

If permitted to be offered by Plaintiffs, it clearly would impact CCEMS’s trial strategy and calculation of its risks. … The party offering the expert opinion has the burden of establishing its admissibility by a preponderance of proof. Cooper v.

Wood

District Court, S.D. West Virginia · Mar 4, 2026

Based upon the foregoing, the undersigned finds that Plaintiff’s due process and equal protection claims under the Fifth Amendment clearly present a new context. … The PLRA’s exhaustion requirement clearly applies to Bivens actions. Porter v. Nussle, 534 U.S. 516, 532, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002).

Hartley v. 21st Mortgage Corporation

District Court, S.D. West Virginia · Sep 28, 2017

When this significant qualifier is read as part of the statute, Defendant’s “plain language” argument falls short. … Such allegation is clearly sufficient.

Solutions Oriented Addiction Response West Virginia v. State of West Virginia, Patrick Morrisey, in his official capacity as Governor of West Virginia, Arvin Singh, in his official capacity as Secretary of Health, The West Virginia Department of Health, Gordon C. Lane, Jr., in his official capacity as Executive Director of the West Virginia Health Care Authority, Robert Cheren, in his official capacity as Chairman of the West Virginia Health Care Authority, and The West Virginia Health Care Authority

District Court, S.D. West Virginia · Aug 14, 2026

At the pleading stage, as here, SOAR-WV “must clearly . . . allege facts demonstrating each element.” Spokeo, Inc. v. … how qualified the organization.’”

Tinsley v. Onewest Bank, FSB

4 F. Supp. 3d 805 · District Court, S.D. West Virginia · Mar 14, 2014

Plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” … Most importantly, given the ambiguity in the underlying Deeds, it stretches credulity to say that Defendant’s communications with Plaintiff regarding its interpretation of the Deeds qualify as conduct which creates a likelihood

Orme v. Charleston Police Department

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

However, “this principle only applies...if all facts necessary to the affirmative defense ‘clearly appear[] on the face of the complaint.’” Id. … 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

Fluharty v. Peoples Bank, NA

District Court, S.D. West Virginia · Apr 24, 2018

appropriate because he is a court-appointed receiver, and this Court lacks jurisdiction to hear a collateral attack on the actions taken as a receiver; (2) dismissal is appropriate because he is entitled to immunity … Blust, 668 F.3d 153, 156- 57 (4th Cir. 2012) (“The Supreme Court established in Barton that before another court may obtain subject-matter jurisdiction over a suit filed against a receiver for acts committed in his official

Keeper of the Mountains Foundation v. United States Department of Justice

514 F. Supp. 2d 837 · District Court, S.D. West Virginia · Aug 28, 2007

The OIP’s Vaughn index and accompanying Pustay declaration are clearly inadequate in this regard. … An agency should be given the opportunity, by means of detailed affidavits or oral testimony, to establish to the satisfaction of the District Court that the documents sought fall clearly beyond the range of material that

Adkins v. United States

923 F. Supp. 2d 853 · District Court, S.D. West Virginia · Feb 11, 2013

The Court notes that, as a general proposition, “the FTCA’s limited waiver of sovereign immunity must be strictly construed.” McKewin By & Through Harrell v. United States, No. 92-1770, 1993 WL 389568, at *1 (4th Cir. … Both Davis and Kubrick involved situations in which some affirmative treatment administered by government doctors inflicted clearly identifiable injuries on their patients, ie., loss of hearing and paralysis.

Price v. Region 4 Planning and Development Council

District Court, S.D. West Virginia · Apr 25, 2019

The bylaws of Region 4 provide that the Executive Committee “shall select and appoint a qualified person to serve as the Executive Director of the Council” and that the “appointment … Further, Tuggle’s position of Executive Director was clearly one of de jure existence, as it was established in accordance with both W. Va.

Molineaux v. Ames

District Court, S.D. West Virginia · Sep 1, 2022

established Federal law. … felony to establish a foundation for felony murder, any errors do not materially impact the verdict.

Shanklin v. Allis-Chalmers Manufacturing Company

254 F. Supp. 223 · District Court, S.D. West Virginia · May 20, 1966

Quite clearly then the reverse bar would not be used when the feed rolls were rotating freely. … where recovery is sought for negligence in tort, the authorities are virtually unanimous in concluding that the doctrine of privity of contract is no longer acceptable, insofar as that doctrine, of its own force, would immunize

Adventure Communications, Inc. v. Kentucky Registry of Election Finance

24 F. Supp. 2d 632 · District Court, S.D. West Virginia · Nov 4, 1998

See Kreimer, supra, at 922 (citing the Privileges and Immunities Clause and the Extradition Clause). The conduct sought to be regulated by the Kentucky statute is undoubtedly extraterritorial conduct. … maintained in the station’s political file. 7 The broadcaster must fulfill this request within seven days, provided that the Kentucky Registry pays the broadcaster the reasonable cost of reproducing the requested material. 8 Clearly

Harrison v. UnitedHealth Group

District Court, S.D. West Virginia · Mar 28, 2018

Harrison participated in an employee welfare benefit plan (“the Plan”) established by UHG. Administrative Record at * 00793 (hereinafter “AR ___”). … Here, the policy contains an “allocation of authority” provision, which clearly grants Standard discretion to determine if a Plan participant is eligible for benefits. (AR 00033–34.)

Blankenship v. Fox News Network, LLC

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

Accordingly, high-ranking government officials “are generally entitled to limited immunity from being deposed concerning matters about which they have no unique personal knowledge.” Hankins v. … If objections are filed, the District Court will consider the objections and modify or set aside any portion of the Order found clearly to be erroneous or contrary to law.

Siberius v. American Military University & American Public University Systems

District Court, S.D. West Virginia · Sep 13, 2019

Middle District of North Carolina found that the teacher trainee was not an employee required to be compensated under the FLSA because “the benefits to [the trainee] derived from the teacher training program clearly … custom, or usage, of any State . . . 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

Armstrong v. Boston Scientific Corporation

District Court, S.D. West Virginia · Aug 10, 2018

Pence is qualified to render the opinions set forth in her expert report. 2. … This “industry standard” clearly describes the FDA 510(k) process, which Dr. Brauer admits in her deposition. There is far too much overlap between Dr.