Case law

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.

Romans v. Wayne County Commission

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

Clearly, Plaintiff was told she was entitled to leave when she took it. However, it is unknown to the Court whether Plaintiff would have reported to work even if Defendants had told her she was not eligible for FMLA. … To establish a claim of disability discrimination under the WVHRA, a “plaintiff must show that [s]he is a disabled person within the meaning of the law, that [s]he is qualified to perform the essential functions of the

In Re Fidelity Assur. Ass'n

42 F. Supp. 973 · District Court, S.D. West Virginia · Dec 24, 1941

Clearly, debtor was an investment company and not an insurance company prior to December 31, 1940. … Clearly they are assets of the debtor within the meaning of Section 128 of Chapter X. Was the petition filed in good faith?

Raines v. Westfield Insurance Company

District Court, S.D. West Virginia · Jan 17, 2023

This reserve analysis and calculation qualifies as protected work product. … This reserve information was prepared on the day of mediation and qualifies as work product for the same reasons expressed above.

Jones v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Apr 5, 2022

Third, Defendant contends that an expert witness’s report does not qualify as an “other paper” contemplated by 28 U.S.C. § 1446(b)(1) that would be sufficient to put a party on notice of removability. … In other words, the removing party bears the burden of establishing that the notice of removal was timely. Dearien v. Union Carbide Corp., 530 F.Supp.3d 622, 628 (S.D. W. Va. 2021) (citing Tolley v.

Halstead v. Res-Care, Inc.

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

Based on the evidence presented, the Court disagrees with Defendant, and finds that Plaintiff clearly has stated a prima facia case of both sex and age discrimination. … facia case could not be established by showing replacement by a “substantially” younger employee.

Mission Coal Wind Down Co., LLC v. National Union Fire Insurance Company of Pittsburgh, PA

District Court, S.D. West Virginia · Feb 8, 2021

The complaint clearly states that the sought-after defense costs are for coverage owed to Pinnacle under the policies. … “The duty of defense is much broader than the duty of indemnification and can be invoked even though no liability is ultimately established.” Pilkington, 861 N.E.2d at 128.

Air Evac EMS, Inc. v. Cheatham

District Court, S.D. West Virginia · Oct 20, 2017

PEIA and the Office of the Insurance Commissioner (“OIC”), which is responsible for establishing and overseeing payments for healthcare services provided on behalf of workers’ compensation claimants, have also established … Clearly, Air Evac’s inability to recover its full billed charged is an injury inflicted by the State.

Bragg v. Sweeney

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

He has the burden of establishing each of the requirements for such certification. , 445 F.3d 311, 321 (4th Cir. 2006). … In , the Fourth Circuit stated, “we consider the competence of a layman representing himself to be clearly too limited to allow him to risk the rights of others.” 509 F.2d at 1407.

Cox v. Lightning Contract Services, Inc.

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

Those white counterparts were neither more qualified nor more experienced than him. They differed in skin color alone. An additional award of $400,000 is appropriate by a preponderance of the evidence. B. … Cox has clearly showed that Lightning and Mr.

Dotson v. Niche Polymer LLC

District Court, S.D. West Virginia · Jun 24, 2022

Once the moving party has met its burden, the burden shifts to the nonmoving party to “make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear … Clearly there are conflicting stories between the parties as to what Dotson was specifically assigned to do on the date of his injury.

Naylor v. Astrue

693 F. Supp. 2d 544 · District Court, S.D. West Virginia · Mar 3, 2010

ATTY: — and I don’t believe that, that qualified. ALJ: And how would you interpret it to have been done better? Function by function, what do you mean by that? … The record clearly shows that the ALJ was present and participating in the re-examination of the vocational expert. (Tr. at 696-701.)

Tovar v. Persily

District Court, S.D. West Virginia · Aug 1, 2024

In pertinent part, the complaint further claims that: [T]he circuit courts of the State of West Virginia are enforcing this law, which clearly is denying the Plaintiff equal protection of the laws, as well as depriving … I agree that Plaintiff has not established the required elements of standing for her claims against the DHS Defendants.

Raab v. Smith & Nephew, Inc.

150 F. Supp. 3d 671 · District Court, S.D. West Virginia · Dec 15, 2015

Express preemption, on the other hand, “arises ‘when Congress has clearly expressed an intention’ to preempt state law,” Smith v. … Medtronic, Inc., 421 F.3d 482, 489 (7th Cir.2005))); Bausch, 630 F.3d at 553 (“Section 360k provides immunity for manufacturers of new Class III medical devices to the extent that they comply with federal law, but it does

Air Evac EMS, Inc. v. Dodrill

District Court, S.D. West Virginia · Jul 8, 2021

Code § 5-16-8a were each preempted by the ADA because they established and limited the price of Air Evac’s services. (ECF No. 27.) … consumers” as this provision is clearly “related to” and has a “connection with” the price that air ambulance providers charge for their services.

Javins v. Westfield Insurance Company

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

“[I]n resolving the question of whether matters are immune from discovery because of a work product rule, attention must be turned first to whether the documents or tangible things were 4 … However, the Defendant submitted documentation to this Court establishing that, on or prior to May 28, 2019, the Defendant had information suggesting that Mr. Javins intentionally set the fire.

United States v. Mallory

District Court, S.D. West Virginia · Mar 6, 2019

Establishment of a New Drug Code for Marihuana Extract, 81 FR 90194-01 (Dec. 14, 2016). … These facts are clearly distinguishable from the facts at issue in this case.

Dewhurst v. Century Aluminum Co.

731 F. Supp. 2d 506 · District Court, S.D. West Virginia · Jun 24, 2010

In order to obtain a preliminary injunction, the movant must clearly establish four things: “ ‘[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary … The actual nature of coverage termination for spouses, who qualify as dependents, is left unexplained by counsel.

Kerr v. McKay

District Court, S.D. West Virginia · Dec 29, 2020

Specifically, as relevant to that the Department of Health and Human Resources is entitled to state sovereign immunity on Kerr’s defamation claim inasmuch as the plaintiff seeks $3 million … Kerr clearly has some interest in receiving a paycheck from the two weeks she was suspended as well as in a work record free of suspensions.

Heatherly v. Boston Scientific Corporation

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

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. … He is also the Task Force Chairman for the American Society for Testing and Materials (“ASTM”), which establishes standards involving the cleanliness of biomedical devices and characterization methods for