Case law

Ward v. Colvin

District Court, S.D. West Virginia · Dec 30, 2024

The Social Security Regulations establish a five-step sequential evaluation process for the adjudication of disability claims. … To the extent that the ALJ did not elaborate further on the analysis of Claimant’s impairments in combination, the undersigned finds further elaboration was unnecessary because the required analysis clearly took place.

Baxley v. Marshall

District Court, S.D. West Virginia · Dec 21, 2020

To establish a prima facie case under this Title, the Fourth Circuit has held that a plaintiff must establish: (1) he or she has a disability; (2) he or she is “otherwise qualified to receive the benefits of a public service … As noted above, a plaintiff can establish a prima facie case under Title II of the ADA by showing (1) she has a disability; (2) she is “otherwise qualified to receive the benefits of a public service, program, or activity

Scottsdale Insurance Company v. Solwind Energy, LLC

District Court, S.D. West Virginia · Mar 14, 2023

There is no duty to defend if it appears clearly that the insurer would not be liable under its contract for any judgment based on the allegations against the insured. … Nor does the complaint establish that the purported waste was committed by one “rightfully in possession of land.” , 39 S.E. at 206.

Culbertson v. Jno. McCall Coal Co.

275 F. Supp. 662 · District Court, S.D. West Virginia · Sep 28, 1967

McCall Coal Company, Inc. is a Maryland corporation, with its principal office in Baltimore, Maryland, and is qualified to do business in the State of West Virginia. … The law seems to be well settled that once the relationship of principal and agent has been clearly established, an agent, claiming a change in that relationship to that of buyer and seller, must prove by clear and convincing

Mid-State Surety Corp. v. Thrasher Engineering, Inc.

575 F. Supp. 2d 731 · District Court, S.D. West Virginia · Jun 3, 2008

Words such as “provided that” and “if,” when used to qualify a promise, are among the most commonly used expressions to create a condition precedent, but they are not the only words capable of doing so. See id. … The parties clearly intended for Fidelity to serve as insurer for the completion of the construction of the water treatment plant.

United States v. Kokoski

865 F. Supp. 325 · District Court, S.D. West Virginia · May 9, 1994

He qualified for court appointed counsel and Thomas K. Patterson, Esquire, was assigned to represent him. … Rogers testified that “[t]he impairment that he was importing on would clearly be incompetent....

Cosner v. Thistlethwaite

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

However, it is clearly established that, to state a plausible claim of denial of access to the courts under the First Amendment, a plaintiff must allege an actual injury resulting from the failure to process a grievance … To state a claim for violation of Title II of the ADA, the plaintiff “must allege that (1) [he] has a disability, (2) [he] is otherwise qualified to receive the benefits of a public service, program, or activity, and (3

Huffman v. Patriot Coal Corp.

District Court, S.D. West Virginia · Aug 21, 2024

and distinctly” establish the federal grounds.). … The allegations in the complaint must “affirmatively and distinctly” establish the federal grounds in order to establish a federal question arising under federal law.

Huskey v. Ethicon, Inc.

29 F. Supp. 3d 736 · District Court, S.D. West Virginia · Jul 8, 2014

The NJPLA provides that manufacturers of medical devices are immune from punitive damages awards where their products have been approved, licensed, or generally recognized as safe and effective by the FDA. … This argument clearly applies with equal force to the warranty claims, allowing me to consider it here. .

Henderson v. Bisignano

District Court, S.D. West Virginia · Apr 23, 2025

The Social Security Regulations establish a five-step sequential evaluation process for the adjudication of disability claims. … To the extent that the ALJ did not elaborate further on the analysis of Claimant’s impairments in combination, the undersigned finds further elaboration was unnecessary because the required analysis clearly took place.

Anderson v. United States

District Court, S.D. West Virginia · Oct 8, 2024

Defendant’s § 2255 motion is clearly untimely under § 2255(f)(1). … categorical approach, the court must look to the “least culpable” or “most innocent” conduct required to violate the statute, and that the least culpable conduct required under § 1512(a)(2)(C) does not categorically qualify

Tucker v. Astrue

897 F. Supp. 2d 448 · District Court, S.D. West Virginia · Sep 27, 2012

The Social Security Regulations establish a five step sequential evaluation process for the adjudication of disability claims. … Klinestiver’s opinion was not based on a complete understanding of Claimant’s medical condition and evaluations, separating the records that were clearly in Dr.

Biser v. Manufacturers & Traders Trust Co.

211 F. Supp. 3d 845 · District Court, S.D. West Virginia · Sep 29, 2016

Biser’s credit score was too low to qualify. Ms. Biser’s credit report includes her payment history with M&T Bank. M&T Bank reported her payments as “ok” or on time for some months, and 30 days late for others. … Code § 46A-2-128(e), because the undisputed facts establish that M&T Bank continued to call them directly after being informed that they were represented by counsel.

Conner v. Associated Radiologists, Inc.

District Court, S.D. West Virginia · Feb 14, 2020

As an initial matter, it is well-settled that “an employer’s decision whether to terminate an ERISA plan is a settlor function immune from ERISA’s fiduciary obligations.” … Quite clearly, this allegation relates to the DB Plan and is subject to ERISA’s preemption clause.

Mountain Valley Pipeline, LLC v. Wender

District Court, S.D. West Virginia · Aug 29, 2018

In making this determination, a court “should not seek out conflicts . . . where none clearly exist[].” College Loan Corp. v. … ), -5(a)(9) (political subdivision immune from liability for exercise of licensing powers) (LexisNexis 2018).

West Virginia Highlands Conservancy v. Lexington Coal Company, LLC

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

The court can find a party in civil contempt without holding a hearing when documentary evidence is sufficient to establish contemptuous conduct. … The December 13, 2021, Order was also clearly in Plaintiffs’ favor, as this decree granted Plaintiffs’ motion for injunctive relief.

The Courtland Company, Inc. v. Union Carbide Corporation (Courtland II)

District Court, S.D. West Virginia · Apr 29, 2022

“Neither Rule 702 nor case law establish a mechanistic test for determining the reliability of an expert's proffered testimony.” Id. … In fact in my 1st deposition I clearly state that sampling was done as part of a site recon (pg 443).

First Financial Insurance v. Crossroads Lounge, Inc.

140 F. Supp. 2d 686 · District Court, S.D. West Virginia · May 21, 2001

As was well established by Erie and its progeny, state law ordinarily provides the rule of decision in pure diversity cases. … In this case, for example, the state complaint clearly alleges assault.

The Courtland Company, Inc. v. Union Carbide Corporation (Courtland I)

District Court, S.D. West Virginia · Apr 29, 2022

“Neither Rule 702 nor case law establish a mechanistic test for determining the reliability of an expert's proffered testimony.” Id. … In fact in my 1st deposition I clearly state that sampling was done as part of a site recon (pg 443).

Jefferson County Commission v. Tennant

876 F. Supp. 2d 682 · District Court, S.D. West Virginia · Jan 4, 2012

Senate Resolution No. 103, adopted at the outset of the special session, established the Select Committee on Redistricting (the “Committee”), comprised of the seventeen Task Force senators. … The Secretary thereafter transmits to the clerks of the fifty-five county commissions a certification that the candidate is qualified to appear on the ballot. See id. § 3-5-9.