Case law

Atkins v. AT&T Mobility Services, LLC

District Court, S.D. West Virginia · Oct 15, 2019

as an “other paper” for removal under 28 U.S.C. § 1446(b)(3) and could begin the thirty-day period if it clearly established the criteria for CAFA jurisdiction. … May 9, 2014) (“A ‘fail safe’ class is one that ‘is defined so that whether a person qualifies as a member depends on whether the person has a valid claim.

Bailey v. United States

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

As Magistrate Judge Aboulhosn noted, Bailey is correct: conspiracy to commit Hobbs Act robbery no longer qualifies as a predicate crime of violence under 18 U.S.C. § 924(c). … Furthermore, a court may address the two prongs in any order and a failure to establish one prong obviates a need to address the other.

Doe v. Mylan Pharmaceuticals, Inc.

District Court, N.D. West Virginia · Oct 13, 2017

The CBA provides for temporary alternative work for employees who become physically unable to perform their job function(s) but who are qualified to perform another job function (dkt. no. 59-3 … When these facts are viewed in the light most favorable to Doe, there are clearly material disputes that preclude judgment as a matter of law.

Cooper v. Westfield Insurance Company

District Court, S.D. West Virginia · Sep 22, 2020

have an effect on the employment relationship” qualify as “employment-related” acts. … See supra at 12 (“only acts, which ‘intentionally’ cause the alleged injury and ‘clearly have an effect on the employment relationship’ qualify as ‘employment-related’ acts”).

Ward v. LiNA Medical USA, Inc.

District Court, S.D. West Virginia · Jan 5, 2021

“Material” facts are those necessary to establish the elements of a party’s cause of action. Anderson v. … It did not create a blanket immunity for hospitals under all theories of negligence, and inasmuch as these are direct theories of liability, RGH presents no argument against holding it liable

Robert J.M. v. David Ballard, Warden

West Virginia Supreme Court · Jun 17, 2016

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … Furthermore, [i]n the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Amos v. Stockert

47 W. Va. 109 · West Virginia Supreme Court · Nov 28, 1899

Higginbotham was elected and qualified as such special judge to try the case, and the defendant, by leave of the court, filed his plea Noi 4, of the statue of limitations, to which the plaintiff replied generally, and issue … “Where a defamatory charge is made in general terms, it can only be justified by a specification of the facts which are relied on to establish its truth.” Fry v.

Harris v. United States

629 F. Supp. 2d 563 · District Court, N.D. West Virginia · Jun 19, 2009

As to those portions of a recommendation to which no objection is made, a magistrate judge’s findings and recommendation will be upheld unless they are “clearly erroneous.” See Webb v. … Thus, Ground One, which is addressed in the third report and recommendation, is reviewed under a clearly erroneous standard, and Grounds Two and Three are reviewed de novo. 1.

State v. VanHoose

227 W. Va. 37 · West Virginia Supreme Court · Oct 14, 2010

These facts clearly establish that Mrs. VanHoose was a material witness. … Further, after Stone was dis *49 qualified, defendant [’s] .•.. replacement attorney ... assisted defendant in ultimately having Stone reinstated as defense counsel.

West Virginia Department of Health & Human Resources v. United States Department of Health & Human Services

899 F. Supp. 2d 477 · District Court, S.D. West Virginia · Sep 26, 2012

Subsection 1320b-2(a) thus establishes a general two-year limitations period for all claims filed by states for FFP dollars related to the administration of Medicaid programs. … As they are not clearly erroneous or contrary to the statute, the Secretary’s regulations and her interpretations of those regulations are entitled to substantial deference.

Sutton v. United States

District Court, N.D. West Virginia · Jul 30, 2021

July 3, 2008) (finding that § 220.16(1) was “clearly . . . a ‘controlled substance offense’ within the meaning of U.S.S.G. § 4B1.1(a)”). See, e.g., United States v. … Nor does his lack of legal training establish a particular need or an exceptional circumstance that would justify the appointment of counsel in this case.

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

the employee’s liability— as opposed to the subdivision’s liability—would not be barred, if one of the statutory exceptions to employee immunity in W.Va. … In fact, in that case, the Court specifically avoided establishing the boundaries for such an action.

United States v. Gray

362 F. Supp. 2d 714 · District Court, S.D. West Virginia · Mar 17, 2005

Gray and also found that he did not qualify for a mitigating role reduction. Accordingly, I found Mr. Gray’s total offense level to be 32. … Clearly, it is a long-standing and deeply cherished tradition of this nation to bar the state from depriving a person of their liberty without certainty of guilt.

State Ex Rel. Matko v. Ziegler

154 W. Va. 872 · West Virginia Supreme Court · Mar 16, 1971

Nine of the sixteen grand jurors who on October 16, 1970 had been notified to attend did not appear, and after the organization of the grand jury by the selection of the necessary number of qualified persons to constitute … The statute clearly contemplates summary action by the trial court, in which a proceeding is pending, and makes no provision for notice to the prosecuting attorney or for a hearing concerning his disqualification to act in

Old White Charities, Inc. v. Bankers Insurance, LLC

District Court, S.D. West Virginia · May 14, 2018

A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify … Va. 431, 460 S.E.2d 677, 684 (1995) (the claimant bears the burden of establishing the applicability of the attorney-client privilege or the work product exception).

McCoy v. Kanawha County Board of Education

District Court, S.D. West Virginia · Apr 25, 2024

McCoy has not pleaded or otherwise argued (nor could she plausibly do so) that news media qualifies as an “employer” in the context of this case. … the above balancing test and factors clearly established for purposes of qualified immunity analysis) (quoting Ridpath, 447 F.3d at 317).

State of West Virginia v. Steward Butler

239 W. Va. 168 · West Virginia Supreme Court · May 9, 2017

The statute clearly provides: If any person- does by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in … Certain individuals are targeted for violence because they are perceived to violate socially-established protocols for gender and sex roles.

Women's Health Center of West Virginia, Inc. v. Panepinto

191 W. Va. 436 · West Virginia Supreme Court · Jul 21, 1994

This disparity in funding by the State clearly operates to coerce indigent pregnant women to bear children they would not otherwise choose to have, and just as clearly, this coercion can only operate upon the poor, who are … The majority has chosen to cast aside well-established legal principles to reach its conclusion.

John N. Kenney v. Samuel C. Liston

233 W. Va. 620 · West Virginia Supreme Court · Jun 4, 2014

Co., 375 U.S. 253, 255 , 84 S.Ct. 316 , 11 L.Ed.2d 307 (1963) ("In our view the likelihood of misuse by the jury clearly outweighs the value of this evidence. … Gallegos, 365 S.W.3d 173 (Tex.App.2012) (although indigent plaintiff qualified for healthcare charity program and received medical services free of charge, reasonable medical expense was “incurred” and could be recovered

In re H.D.

West Virginia Supreme Court · Jun 2, 2023

They would tell us over the phone that I was not – I would not qualify either because I had no recent use or because of the TB or both.” … It is later established (and confirmed by DHHR) 3 that A.T. finished the tuberculosis treatments in early February and was medically cleared at that point.