Case law

Abrams v. United States

333 F. Supp. 1134 · District Court, S.D. West Virginia · Oct 30, 1971

While the evidence does not support this factual contention of Julyn, even if Julyn were east in this posture, such an arrangement would not automatically immunize Julyn from liability under the statute. … Although the unpaid employment tax liabilities of Miss Amy are not directly involved here, the facts surrounding the establishment and handling of Miss Amy are pertinent to a full understanding of the facts involved in this

City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation

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

The difficulty in applying the apex doctrine can often lie in determining what qualifies as "unique" personal knowledge. In re C. R. Bard, Inc. at *461. Such is not the case in this instance. … Plaintiffs may elect to conduct the deposition live and/or remotely in accordance with the deposition protocols established by the Court.

Atkins v. AT&T Mobility Services, LLC

District Court, S.D. West Virginia · Jun 1, 2020

Rotruck because the advances did not qualify as “consumer credit sales.” Rotruck, 2016 WL 547190 at *5. … Citation to a memorandum decision must clearly denote that a memorandum decision is being cited. Id. at 311–12 (citing W. Va. R. App. P. 21(e)).

Boster v. TIAA, FSB

District Court, S.D. West Virginia · Mar 30, 2018

While the complaint clearly indicates when the reverse mortgage loan was made, Compl. ¶¶ 50, 52, it does not include facts that clearly indicate defendants’ detrimental change in position … Asserting that he qualifies as a “cosigner,” Mr.

Matthews v. Warden

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

Petitioner is clearly challenging the validity of his conviction and sentence, not the manner in which his sentence is being executed. … “[B]efore a prisoner can pursue a qualifying ‘second or successive’ 2255 Petition, he must obtain authorization from the court of appeals.” 28 U.S.C. § 2244(b)(3)(A).

Medley v. State Farm Fire and Casualty Company

District Court, S.D. West Virginia · Nov 14, 2024

If coverage is not intended to apply, the policy should clearly indicate that insurance is not available. … Thus, the Plaintiffs conclude that State Farm must establish the facts necessary to prove an operation of the exclusion.

In Town Hotels Ltd. Partbership v. Marriott Inter., Inc.

246 F. Supp. 2d 469 · District Court, S.D. West Virginia · Feb 25, 2003

To prove its case, the government had to establish, among other things, that the payments were illegal under state or federal law. Id. at 1448 . … The only claim that Avendrá has identified which is clearly subject to Rule 9(b) requirements is the claim for fraud itself.

United States v. Gwinn

46 F. Supp. 2d 479 · District Court, S.D. West Virginia · Mar 23, 1999

Exigent circumstances clearly exist when the defendant is wearing no clothing or insufficient clothing in light of current environmental conditions. … Gwinn's home, of course, does qualify as a search for purposes of the Fourth Amendment because Mr. Gwinn has a "reasonable expectation of privacy” in his home.

Scott Hutchison Enterprises, Inc. v. Cranberry Pipeline Corp.

318 F.R.D. 44 · District Court, S.D. West Virginia · Nov 30, 2016

Defendants provide no factual basis to establish the relevancy of Plaintiffs past overhead expenses. … Barrett was not adequately knowledgeable or qualified to serve as their Rule 30(b)(6) witness.

Lind v. Ames

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

The latter inquiry focuses on whether the state court’s application of clearly established federal law was “unreasonable,” as distinguished from whether it was “correct.” See Renico v. … However, the Magistrate Judge also found that the state court’s adjudication of this claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law, nor was it based upon an

Price v. Region 4 Planning and Development Council

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

These responsibilities fall squarely within the “non-manual” work activities that qualify under the FLSA administrative exemption. … Price clearly meets the $455.00/week threshold under the Code and not one of her job duties include those which could be considered “manual.”

In Re Digitek Products Liability Litigation

821 F. Supp. 2d 822 · District Court, S.D. West Virginia · Nov 3, 2011

It established a program designed to resolve the cases in the MDL 9 through a claims process and a settlement fund. … Both experts are well qualified for the tasks and duties they are typically called upon to do. They are not, however, toxicologists.

Lyles v. FTL Ltd., Inc.

District Court, S.D. West Virginia · Feb 7, 2018

Plaintiff accepted $945,679.55 from NCC “in exchange for full and complete Release of all claims against FTL, Neil Hasen, and K&K,” resulting in Neil Hasen and K&K being dismissed from the civil action, and FTL remaining as qualified … The plain language of the Release entered into between the parties follows the definition of a nominal party as determined by the Fourth Circuit and clearly states that FTL remains “in this civil action in name only, for

Ohio Valley Environmental Coalition, Inc. v. Pruitt

District Court, S.D. West Virginia · Jun 4, 2019

TMDLs “establish[ ] the maximum daily discharge of pollutants into a waterway” from all sources. Hayes v. Whitman, 264 F.3d 1017, 1021 (10th Cir. 2001) (citing Scott v. … The district court held the defendants—EPA and Army Corps of Engineers—failed to perform their statutory duties by not properly undertaking the necessary investigation before determining whether or not certain property qualified

Lovejoy v. Jackson Resources Company

District Court, S.D. West Virginia · Dec 9, 2022

A person who incurs such cleanup costs is entitled to recover from anyone who qualifies as a “responsible person” under the statute. . … Lovejoy relies on inference to establish a release.

Rose v. Sandy

District Court, S.D. West Virginia · May 15, 2025

In fact, they do not even share the same positions with each other or have the same interest in establishing Defendants’ liability. … Whether Defendants have qualified immunity defenses in individual instances. Variability in each inmate's mental health needs, which may raise distinct legal standards.

Brown

District Court, S.D. West Virginia · Mar 9, 2026

immunity, [ECF 168 at 12–14; ECF 166 at 15–18], and (4) the Complaint fails to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). … The rule thus establishes the obligation of class counsel, an obligation that may be different from the customary obligations of counsel to individual clients.

Freedom From Religion Foundation Inc. v. Mercer County Board of Education

District Court, S.D. West Virginia · Mar 31, 2020

court's jurisdictional findings of fact on any issues that are not intertwined with the facts central to the merits of the plaintiff's claims [are reviewed] under the clearly … Accordingly, the exception seeks to prevent “a manipulative litigant immunizing itself from suit indefinitely, altering its behavior long enough to secure a

Air Evac EMS, Inc. v. McVey

District Court, S.D. West Virginia · Mar 26, 2024

Instead, as the Fourth Circuit has clearly stated, “[a] repeal that must be inferred is, by definition, an implied repeal.” … Accordingly, Air Evac clearly has standing to challenge the AAPPA. D.

West Virginia State University Board of Governors v. The Dow Chemical Company

District Court, S.D. West Virginia · Jun 1, 2020

To qualify for federal officer removal under § 1442(a)(1), a private defendant must establish: “(1) that it ‘act[ed] under’ a federal officer, (2) that it has ‘a colorable federal … is ‘clearly sustainable.’”