Case law

Stephens

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

Plaintiff was informed in this Court’s prior Order, (ECF No. 11), to state a cause of action under § 1983, he must present facts showing that: (1) a person deprived him of a federally protected civil right, privilege or immunity … We have expressly held that Title VII does not provide a remedy against individual defendants who do not qualify as “employers.” See Lissau v.

Carper v. Kanawha Banking & Trust Co.

157 W. Va. 477 · West Virginia Supreme Court · Feb 5, 1974

Roy Gene Carper, in anticipation of marriage and establishing a separate home for himself and his affianced, shopped several places for a mobile home. … The Brockenbrough case referred to as authority by our Court in Swayne, established a standard akin to that required in the proof of guilt in criminal cases, that is, beyond a reasonable doubt.

Parks v. Roundpoint Mortgage Servicing Corporation

District Court, S.D. West Virginia · Apr 8, 2019

Parks indicated his income had changed and filed additional financial information in November 2018 to qualify for a loan modification. … Parks did not have the necessary income to qualify for a loan modification. (Todd Aff. ¶ 13-17 and 23-27) (Document 24-1.). However, Mr. Todd’s affidavit also reveals that Mr.

Judy v. Wells Fargo Bank, N.A.

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

The 2014 appraisal unquestionably qualifies as an “other paper” under § 1446(b)(3). … An exception to this rule arises when “all facts necessary to the affirmative defense ‘clearly appear[ ] on the face of the complaint.’” Id. (quoting Richmond, Fredericksburg & Potomac R.R. v.

United States of America <i>ex rel.</i> v. Boyko

District Court, S.D. West Virginia · Jun 7, 2019

The Relator argues that the complaint is clearly pled and the motions to dismiss rely on factual disputes that cannot be resolved at this stage. … reimbursement claims applicable to services its employees were not qualified to provide.

King v. McCollins

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

established constitutional rights all in violation of the First, Fourth, and Fourteenth Amendments[.]” … established constitutional rights similarly fails.

Blankenship v. Trump

District Court, S.D. West Virginia · Sep 1, 2021

Trump, Jr.’s quote tweet comment includes: Ha, now I’m establishment? … The plaintiff is clearly a subject of both the quote tweet and the reply tweet.

State Ex Rel. Clark v. Blue Cross Blue Shield of West Virginia, Inc.

203 W. Va. 690 · West Virginia Supreme Court · Dec 4, 1998

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. … On appeal to the Supreme Court of the United States, the conflict was resolved in favor of the United States on grounds not involving the federal government's immunity to state-imposed statutes of limitation.

Blackrock Capital Investment Corp. v. Jerry Fish

239 W. Va. 89 · West Virginia Supreme Court · Apr 24, 2017

To determine whether an agreement is procedurally unconscionable, “we must examine the contract formation process for a lack of meaningful choice.” 36 AL Solutions clearly had no meaningful choice in the contract formation … However, because of the no-liability and indemnification clauses, the circuit court found Tremont and Blackrock “would be immune from liability for their conduct,” and would have a claim for indemnity, even for their own

West Virginia Highlands Conservancy v. Southeastern Land, LLC

District Court, S.D. West Virginia · Apr 17, 2018

But, in considering whether res judicata precludes an action, the issue must “clearly appear[] on the face of the complaint.” Id. (quoting Richmond, Fredericksburg & Potomac R. Co. v. … Given the purpose of these environmental regulatory schemes reflected in the CWA and SMCRA, the Court will not permit “partial immunity from civil liability for future violations.”

Herto v. Murphy

District Court, N.D. West Virginia · Aug 12, 2024

established Federal law.” … The undersigned concludes that this decision was not contrary to, or involving an unreasonable application of, clearly established Federal law.

Riddle v. McGinnis

22 W. Va. 253 · West Virginia Supreme Court · Oct 2, 1883

“He further declares that he offered to be qualified before the court to such advice given McGinnis; and further,' that George Loomis was counsel retained in said cause to assist him, ánd that he did not feel like undertaking … The defendant’s first instruction was clearly erroneous because it declared that the plaintiff *276 could only recover tor loss of services proved, and not consequential damages, and if no services be shown the jury must

Porter v. Braskem America, Inc.

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

The parties do not dispute that West Virginia Code § 55-2-12(c) establishes a one-year statute of limitations for bringing a defamation action. … Va. 1983). 3The Braskem Defendants contend any statements that may be attributed to them are not cognizable as defamation because they are subject to qualified privilege.

S. B. v. Wilson

District Court, S.D. West Virginia · Sep 30, 2021

The contract between Nakamoto and the BOP was made and intended for the benefit of plaintiff as a member of the class definitely and clearly within the terms of the contract … To qualify as a third-party beneficiary under federal common law, a plaintiff must show that “the contract reflects the express or implied intention of the parties to benefit

C. L. v. Wilson

District Court, S.D. West Virginia · Sep 30, 2021

The contract between Nakamoto and the BOP was made and intended for the benefit of plaintiff as a member of the class definitely and clearly within the terms of the contract. … To qualify as a third-party beneficiary under federal common law, a plaintiff must show that “the contract reflects the express or implied intention of the parties

State Ex Rel. Richey v. Hill

216 W. Va. 155 · West Virginia Supreme Court · Jul 6, 2004

Because mandamus enforces only an established right, "[p]etitioners in mandamus must have a clear legal right to the relief sought therein and such right cannot be established in the proceeding itself." … Therefore, we also hold that a petitioner bears the costs of post-conviction DNA testing unless the petitioner qualifies as an indigent, in which case the cost of testing shall be borne by the State. See, e.g., Ga.

State ex rel Monster Tree Service, Inc v. Jeffrey D. Cramer and David S. Duvall

West Virginia Supreme Court · Nov 6, 2020

, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … “It is a well-established principle of law that a letter properly addressed, stamped and mailed is presumed to have been duly delivered to the addressee.

Kornegay v. Lintner

District Court, N.D. West Virginia · Nov 20, 2024

The Court also discussed the well-established two-step inquiry which courts are to use for determining whether a Bivens claim may proceed: First, we ask whether the case presents “a new Bivens context” - i.e … The Fields case, however, is clearly distinguishable from the present one.

Sogefi USA, Inc. v. Interplex Sunbelt, Inc.

District Court, S.D. West Virginia · May 7, 2021

issue an injunction “would have the unfortunate effect of immunizing most foreign defendants from needed emergency injunctive relief”).9 Having concluded that completion of formal service … Clearly, Sogefi did not accept the revisions that Interplex Mexico proposed in that email, and yet the parties continued to perform.

Roof Service of Bridgeport, Inc. v. Robert Joseph Trent and Charlotte Trent

West Virginia Supreme Court · Nov 20, 2020

Roof Service argues that the facts establish that at the time of the incident, Mr. … allegations regarding excessive overtime requirements and involved mixing various tort concepts in a unique, but ultimately unsuccessful, effort to avoid having a wrongful death claim barred by the workers’ compensation immunity