Case law

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

District Court, S.D. West Virginia · Oct 22, 2021

To establish a prima facie case for a cost-recovery claim under Section 9607(a), a private claimant must establish the following elements: “(1) the [party sued] is a potentially responsible … To establish a prima facie case for contribution under Section 9613(f)(1), a claimant must establish essentially the same elements as required for a cost-recovery claim under Section

Milan Puskar Health Right v. Crouch

District Court, S.D. West Virginia · Jul 15, 2021

This is clearly contrary to the Legislature’s intent. … To the extent that Defendants’ sovereign immunity under the Eleventh Amendment does not preclude these claims, the Court concludes that they are not likely to have merit.

Brandon v. Marshall

District Court, S.D. West Virginia · Jun 4, 2024

A state law passed in 2019 established a process for certification of recovery residences and barred referrals from DCR, among others, to non-certified recovery residences. … Rules of Civil Procedure provides that a temporary restraining order may be issued without notice only if (A) specific facts in an affidavit or a verified complaint clearly

Internal Revenue Service v. Highlanders Alloys, LLC (In re Highlanders Alloys, LLC)

551 B.R. 235 · District Court, S.D. West Virginia · Sep 30, 2014

Given these facts, none of the cases cited by the parties are clearly on point. In Knight Realty, the debtor’s liabilities far exceeded the value of the assets that were transferred to the trust. … Second, the IRS argues that “Highlanders has not even attempted to establish that the factual assumption underlying its accounting methodology is correct.

Grant Thornton, LLP v. Federal Deposit Insurance

694 F. Supp. 2d 506 · District Court, S.D. West Virginia · Mar 10, 2010

“[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 … Grant Thornton contends that the FDIC was required to establish Kutak’s breach of duty via expert testimony.

Hager v. Omnicare, Inc.

District Court, S.D. West Virginia · Nov 19, 2019

The second, specific jurisdiction, “may be established if the defendant’s qualifying contacts with the forum state also constitute the basis for the suit.” Universal Leather, 773 F.3d at 559. … The well-pled allegations at this point, however, clearly suffice under the Due Process clause.

Durstein v. Alexander

District Court, S.D. West Virginia · Mar 19, 2021

Durstein claims (1) § 18A-3-6 “contains no standards—on its face or as authoritatively interpreted by West Virginia's highest court—to confine the Superintendent's threshold determination of which speech can or cannot qualify … Durstein fails to establish that this law—which the State Superintendent points out has been on the books since 1908—has had, or is likely to have, a substantial chilling effect on any speech, except perhaps her own.

SAYER BROS., INC. v. St. Paul Fire & Marine Ins. Co.

150 F. Supp. 2d 907 · District Court, S.D. West Virginia · Jul 20, 2001

For these reasons, the Court predicts the Supreme Court of Appeals of West Virginia would not require the forced application of the valued policy law to what is clearly an open insurance policy, nor hold an insurer liable … Paul not liable for bad faith for not paying thirty-five million dollars on the claim is GRANTED as qualified ante; (3) Sayer Brothers’ motion for partial summary judgment as to liability alone on Counts 2 and 3 is DENIED

Dow v. Liberty Insurance Company

District Court, S.D. West Virginia · Nov 18, 2021

In West Virginia, however, there is an established definition for “surface water.” … This doctrine can be applied when: (1) The party assumed a position on the issue that is clearly inconsistent with a position taken in a previous case, or with a position

Deason v. Kijakazi

District Court, S.D. West Virginia · Sep 29, 2023

Moreover, even if these impairments should have been more clearly designated as “nonsevere,” this Court has held that an error at step two is harmless when the ALJ found at least one severe impairment, proceeded with the … Mar. 11, 2020) (finding 3,000 jobs to qualify as a significant number of jobs in the national economy).

Roberts v. Kennedy

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

P. 56(e) and 28 U.S.C. § 1746, the filing qualifies as an affidavit,” cf. Williams v. Sielaff, No. 89-7750, 1990 WL 135721, at *1 (4th Cir. … Clearly, even if the initial procedures and prescribed medication were not wholly effective, Dr.

Slone v. State Auto Property & Casualty Insurance Company

District Court, S.D. West Virginia · Jan 19, 2021

Under Rule 12(b)(5), the “[p]laintiff bears the burden of establishing the validity of service once that service is contested.” McCoy v. Norfolk Southern Ry. Co., 858 F. … The court found that the life insurance policy at issue was, as to the third-party beneficiary, “clearly a first-party contract.” Id. at 896.

Taylor v. Wexford Health Sources, Incorporated

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

“Habit evidence…can also be established by a witness’s direct testimony of his general practice.” Howard v. … Mitcheff is “qualified to testify as to the standard of care pertaining to the treatment of OUD in a correctional setting and how this standard of care translates into Wexford’s guidelines” and can “opine as to whether

Lovejoy v. Jackson Resources Company

District Court, S.D. West Virginia · Jul 16, 2021

Under CERCLA, a person who incurs such cleanup costs is entitled to recover from anyone who qualifies as a “responsible person” under the statute. . … The statute clearly authorizes enforcement against past handlers who may have allowed hazardous substances to leak or spill out of their industrial property.

Stoler v. PennyMac Loan Services, LLC

District Court, S.D. West Virginia · Oct 11, 2019

When an applicant submits a loss mitigation application, the servicer must determine whether the applicant qualifies for a loan modification to help the applicant bring the account current … “Material” facts are those necessary to establish the elements of a party’s cause of action. Anderson v.

Amherst Coal Company v. United States

295 F. Supp. 421 · District Court, S.D. West Virginia · Jan 20, 1969

While I am of the opinion that Amherst Coal Company, as successor to Hatfield by statutory merger, and as parent company in the Amherst complex, qualifies as “the taxpayer” entitled to carry over and deduct Hatfield’s operating … The government further points out that Treasury bonds, of course, can be purchased only with cash available to the corporation, and contends that the records and schedules upon which Amherst relies failed to establish the

Boone

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

In contrast, the Indictment here clearly alleges that Boone knowingly possessed a firearm. The other elements have also been properly alleged. … Therefore, he has not established a valid Sixth Amendment violation based on ineffective assistance of counsel at sentencing.

Akers v. Minnesota Life Insurance

35 F. Supp. 3d 772 · District Court, S.D. West Virginia · Aug 4, 2014

In the case of the termination of the group policy, [Minnesota Life] may require that an insured under a certificate be so insured for at least five years prior to the termination date in order to qualify for the above conversion … From the well-established tenet that an agent cannot create his own authority to represent a principal, see NLRB v.

Slonaker v. Kennedy

District Court, S.D. West Virginia · Feb 9, 2021

immunity. … “Material” facts are those necessary to establish the elements of a party’s cause of action. Anderson v.

City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation

District Court, S.D. West Virginia · Mar 31, 2021

The moving party has the burden of establishing that there is no genuine issue as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … In holding that plaintiffs had not met their burden, the court noted, “Clearly, trucking is not a nuisance per se.”