Case law

Cox v. O'Malley

District Court, S.D. West Virginia · Aug 22, 2024

The Social Security Administration has established a five-step sequential evaluation process to aid in this determination. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4); Lewis v. … Comm’r, 699 F.3d 337, 340 (4th Cir. 2012) (“To establish eligibility for . . . benefits, a claimant must show that he became disabled before his [date last insured].”).

McCoy v. Diamond Electric Mfg. Corporation

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

Thus, Plaintiff has established a prima facia case of FMLA retaliation. 2. … As explained above, Plaintiff is clearly not admitting to Ms. Blevins’ version of events but is instead disputing the validity of the evidence used to terminate her, unlike the plaintiff in Laing.

Mays v. The Cabell County Board of Education

District Court, S.D. West Virginia · Mar 27, 2023

Information that is documented in anticipation of litigation can qualify as work product. Nicholas v. Bituminous Cas. Corp., 235 F.R.D. 325, 331 (N.D.W. Va. 2006). … For those reasons, the CCBOE’s Privilege Log is clearly inadequate.

Waller v. (FCI) Mcdowell Warden

District Court, S.D. West Virginia · Sep 21, 2022

Waller argues that the armed career criminal enhancement should not have been applied at sentencing because his breaking and entering convictions did not qualify … test the legality of a sentence when: (1) at the time of sentencing, settled law of this circuit or the Supreme Court established

Coal River Mountain Watch v. Republic Energy, LLC

District Court, S.D. West Virginia · Aug 12, 2019

WVDEP is immune because it is an arm of the State. See 33 U.S.C. § 1365(a)(1)(ii); 30 U.S.C. § 1270(a)(1) & (2); Bragg v. West Virginia Coal Ass’n, 248 F.3d 275 (4th Cir. 2001); see, e.g., Virginia v. … 12 Action Barred Under SMCRA The civil action pending before this Court is clearly

Morgan v. Ballard

District Court, S.D. West Virginia · Jul 1, 2022

Additionally, Petitioner’s argument regarding his state habeas counsel’s failure to brief the McCoy issue in a second state habeas proceeding in 2019-2020 clearly does not attack “the integrity of [his] federal habeas proceeding … Where a defendant has procedurally defaulted an argument, he can only raise it in a collateral attack by establishing “cause and prejudice” or “actual innocence.” United States v.

R. v. Justice

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

Plaintiffs’ argument here relies on a separate but related line of cases established in actions like here, where the claims of named plaintiffs are mooted prior to the certification. … “Where vital state interests are involved, a federal court should abstain unless state law clearly bars the interposition of the constitutional claims.” Id. (internal quotations omitted) (quoting Moore v.

Blenko v. Cabell Huntington Hospital, Inc.

District Court, S.D. West Virginia · Aug 10, 2022

Plaintiffs’ interests are clearly aligned with the proposed class members, as they have a common interest in these claims. … Courts in the Southern District of West Virginia have found both these firms to be well-qualified to act as class counsel in complex employment matters. See e.g., Shawn Abner, et al. v.

Courtland Company, Inc. v. Union Carbide Corporation (Courtland IV)

District Court, S.D. West Virginia · Jul 1, 2022

Viewing the evidence most favorably to Courtland, the two culverts are clearly point sources. … 10 Even if the Southern Drainage Ditch were subject to Section 1342(p), stormwater that enters the ditch comes from Filmont, which doubtlessly qualifies

Griffin v. State of West Virginia

District Court, S.D. West Virginia · Dec 21, 2017

As stated above, Petitioner has the burden of establishing that the State court proceedings are “so clearly deficient as to render futile any effort to obtain relief.” Duckworth, supra, 454 U.S. at 3. … Nov. 2012)(finding that 22 months does not qualify as inordinate delay); Short v. Hoke, 2010 WL 2509633 (S.D.W.Va. June 18, 2010)(J.

Capitol Specialty Insurance Corporation v. Tayworsky LLC

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

Tate and the shooter, and, therefore, the shooting does not qualify as an assault or battery under the terms of the policy. (ECF No. 78 at 7–8.) A. … Since Counts I and II clearly fall within the ambit of 8 coverage under the policy, Capitol Specialty, consequently, must defend all claims asserted

Courtland Company, Inc. v. Union Carbide Corporation (Courtland III)

District Court, S.D. West Virginia · Jul 1, 2022

Viewing the evidence most favorably to Courtland, the two culverts are clearly point sources. … 10 Even if the Southern Drainage Ditch were subject to Section 1342(p), stormwater that enters the ditch comes from Filmont, which doubtlessly qualifies

Bias v. O'Malley

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

The Social Security Regulations establish a five-step sequential evaluation process for the adjudication of disability claims. … In addition, the state agency physicians, who are highly qualified experts in social security disability evaluation, unanimously concluded that Claimant not only had a medically determinable impairment of fibromyalgia,

Ohio Valley Environmental Coalition v. Hurst

604 F. Supp. 2d 860 · District Court, S.D. West Virginia · Mar 31, 2009

Army Corps of Eng’rs et al., 464 F.Supp.2d at 1171, 1225 (M.D.Fla.2006) (“[T]he mitigation measures are a mandatory condition of the permit and therefore qualify as the type of mitigation measures that can be relied upon … The Corps did provide more support for the establishment of riparian areas as a compensatory mitigation measure.

Davis v. Ames

District Court, S.D. West Virginia · Sep 13, 2023

Upon a comprehensive review of the record herein, the undersigned FINDS that Petitioner failed to properly exhaust Grounds 2(b) and 8 of his § 2254 petition and the state court decisions clearly demonstrate that those claims … at 280 (“Negligence on the part of a prisoner’s postconviction attorney does not qualify as ‘cause.’”)

Plymail v. Mirandy

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

established federal law” provisions of § 2254(d)(1); and (6) the Magistrate Judge incorrectly determined that Petitioner cannot establish prejudice from the twenty-year delay in his appeal. … lost,’ and ‘did not know what to do, or just how to proceed,” yet attorney #1 expected that the petitioner would “draft his own brief on the speedy trial issue, despite [the petitioner’s] insistence that he did not feel qualified

United States v. Moreland

568 F. Supp. 2d 674 · District Court, S.D. West Virginia · Apr 3, 2008

“Few legal precepts are as firmly established as the doctrine that the mandate of a higher court is ‘controlling as to matters within its compass.’ ” United States v. … This enhancement provides for both an enhanced offense level and an enhanced criminal history for qualifying defendants.

Lowe v. Frame

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

For Plaintiff to make out a meritorious deliberate indifference claim, he must establish two prongs. … Defendants are clearly aware that Plaintiff attempted suicide in April. Indeed, his two previous attempts have made it apparent that Plaintiff presents as a serious risk of taking his own life.

Clarke v. Tango Networks, Inc.

District Court, S.D. West Virginia · Dec 23, 2021

Specific jurisdiction is available where “the defendant’s qualifying contacts with the forum state also constitute the basis for the suit.” Universal Leather, LLC., 773 F.3d at 559. … The District Court for the Eastern District of New York immediately declined to find general jurisdiction, as it would “clearly violate [] due process principles,” and turned its analysis to specific jurisdiction.

Forloine v. Persily

District Court, S.D. West Virginia · Aug 1, 2023

The Intermediate Court of West Virginia is a new adjudicative body, established in 2022 by West Virginia Code § 51-11-4. … Otherwise, the need for further proceedings would jeopardize the life or health of Medicaid applicants who qualify for such expedited hearings.