Case law

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

206 F. Supp. 2d 782 · District Court, S.D. West Virginia · Jun 17, 2002

May 8 Decision is Consistent with SMCRA Movants propose SMCRA “clearly envisions the placement of excess spoil fills in streams.” (U.S. Mem. for Stay at 9-10.) … The final configuration must be “compatible with the natural drainage pattern”, id. at (G), and its design approved by a qualified registered engineer. Id. at (H).

Mills v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · Jan 3, 2023

To prevail under Rule 60(b), “the party moving for relief must clearly establish the grounds therefore to the satisfaction of the district court . . . and such grounds must be clearly substantiated by adequate proof.” … Plaintiff clearly has no constitutional right to counsel in this civil action, and appointment thereof rests within the discretion of the court.

ESTATE OF DEARING BY DEARING v. Dearing

646 F. Supp. 903 · District Court, S.D. West Virginia · Oct 22, 1986

The burden is on the Plaintiffs to establish by a preponderance of the evidence that James was insane at the time the cause of action accrued. Fines v. Kendrick, 219 Va. 1084 , 254 S.E.2d 108 (1979). … “[Legitimate enterprises] enjoy neither an inherent incapacity for criminal activity nor immunity from its consequences.

Gray v. Heritage-Crystal Clean, LLC

District Court, S.D. West Virginia · Oct 31, 2024

He clearly understood the policies and rules in place for such transactions, and he violated them through his conduct related to the Service Wire job. … The disparate treatment model provides that an employer may not deny job opportunities to qualified individuals because of their disabilities.

The Wall Guy, Inc. v. Federal Deposit Insurance Corporation (FDIC)

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

However, the Pledge Agreement clearly does not meet the definition of a QFC under the statute. … the Corporation determines by regulation, resolution, or order to be a qualified financial contract for purposes of this paragraph”).

Hundley v. Autism Services Center, Incorporated

District Court, S.D. West Virginia · Oct 12, 2017

That is, the constitutional provision clearly reflected the protected right that the plaintiff claimed the employer violated. … Plaintiff in her Response also contends that the ability to have a second-job is protected by the Privileges and Immunities Clause of the United States Constitution (“P&I Clause”).

Ohio Valley Environmental Coalition v. Bulen

410 F. Supp. 2d 450 · District Court, S.D. West Virginia · Jul 8, 2004

The court ordered the Corps to publish regulations “clearly recognizing the full regulatory mandate of the Water Act.” Id. … The Corps’ construction of the statute cannot be permissible where it does not give effect to Congress’s clearly-stated intent. E.

Johnson v. West Virginia University Board of Governors

District Court, S.D. West Virginia · Sep 19, 2025

Johnson, who is not an ophthalmologist and is not qualified to render standard of care opinions as to ophthalmology. (ECF No. 249-3 at 79:10-80:22.) … Here, the evidence clearly shows that Plaintiff is not entitled to judgment as a matter of law.

Quigley v. City of Huntington WV

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

Moreover, the Plaintiff moves the Court to find that the statute cannot qualify as a lawful predicate to charge him with the crime of “brandishing” and cannot be used as a defense to his claims. … The Plaintiff clearly brandished his weapon in a manner to threaten a breach of the peace. W. Va. Code § 61-7-11 was constitutionally applied to the Plaintiff.

Adams v. Little Giant Ladder Systems, LLC

District Court, S.D. West Virginia · Dec 6, 2024

The Court previously excluded Kassekert’s testimony on the basis that he is not qualified to opine on welds or relevant material failure. Mem. Op. & Order (ECF No. 102). … Again, this argument fails because West Virginia law allows a plaintiff to establish a defect by circumstantial evidence.

Constellium Rolled Products Ravenswood, LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC

District Court, S.D. West Virginia · Jun 11, 2020

Article 10 of the CBA establishes a grievance procedure for disputes between the parties. (Id. ¶ 6.) … Article 10 also establishes the jurisdiction and authority of the arbitrator. (ECF No. 12- 1 at 13 (CBA).)

Thomas v. United States

District Court, S.D. West Virginia · Feb 28, 2019

. § 4B1.1 after this Court found that Defendant qualified as a career offender based upon two prior controlled substance offenses. Id. at 4–5. … An information filed under 21 U.S.C. § 851 sets forth the procedure required to establish that the defendant has been convicted of a prior felony drug offense in order to create a statutory enhancement, not a guideline

Crawford

District Court, S.D. West Virginia · Aug 31, 2026

Webster clearly stated the nature of the mental health crisis.” [Id.]. … Count V of the Complaint alleges RCC is “liable for its negligent retention of such employees, the negligent acts and omissions of such employees, and for their violations of clearly established duties.” [Id. ¶ 202].

Disability Rights of West Virginia v. Crouch

District Court, S.D. West Virginia · Dec 6, 2017

DISCUSSION The individuals on whose behalf DRWV sued are recipients of benefits under West Virginia’s I/DD Waiver Program, which provides for qualified individuals with intellectual and development … First, the organization “may have standing in its own right to seek judicial 9 relief from injury to itself and to vindicate whatever rights and immunities

Grant Thornton, LLP v. Federal Deposit Insurance

535 F. Supp. 2d 676 · District Court, S.D. West Virginia · Mar 14, 2007

The court notes that the principle of sovereign immunity prohibits Grant Thornton from joining federal regulators and seeking contribution. … “[I]f a plaintiff can demonstrate that the defendant’s acts caused him economic loss and so establish liability, the plaintiff will also be able to establish ‘facts and circumstances tending to show the probable amount of

Robinson v. Quicken Loans Inc.

988 F. Supp. 2d 615 · District Court, S.D. West Virginia · Dec 24, 2013

Plaintiffs loan was originated, whether Quicken Loans provided inaccurate disclosures to Plaintiff during the origination process, whether Quicken Loans placed Plaintiff into a higher interest rate loan than that for which she qualified … The West Virginia Legislature could easily have much more clearly linked the two Acts if it meant to make the penalty and statute of limitations sections interchangeable between them.

Brothers of the Wheel M.C. Executive Council, Inc. v. Mollohan

909 F. Supp. 2d 506 · District Court, S.D. West Virginia · Nov 14, 2012

does not establish its protectability, though advertising is itself commerce that Congress may regulate.” … He has clearly created exceptional circumstances warranting an award of attorney’s fees.

Novartis Pharmaceuticals Corporation v. Morrisey

District Court, S.D. West Virginia · Dec 17, 2024

Novartis has established this fact in its briefing. … These “costs are unrecoverable given West 30 Virginia’s sovereign immunity.”

Pharmaceutical Research and Manufacturers of America v. Morrisey

District Court, S.D. West Virginia · Dec 17, 2024

Novartis has established this fact in its briefing. … These “costs are unrecoverable given West 30 Virginia’s sovereign immunity.”

Moore v. Indian Harbor Insurance Company

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

The responses very clearly laid out which matters Defendant Peninsula admitted and denied. … Defendant Peninsula has very clearly failed to meet its burden as the party opposing discovery.