Case law

Biogen International GMBH v. Mylan Pharmaceuticals Inc.

District Court, N.D. West Virginia · Jun 18, 2020

Although the immune system is a self-defense system that combats viruses and bacteria that would harm the human body, MS confuses the immune system into attacking 4 … Cir. 2010), involving a two-step inquiry: “The first part is determining what exactly is that ‘relevant art’ at issue, the second is determining who qualifies as a ‘person of ordinary

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.

Kolenich v. Highmark West Virginia, Inc.

District Court, N.D. West Virginia · Jan 21, 2020

In response, plaintiffs argue that “[djefendant improperly asserts a blanketed immunity under... … ERISA’s “civil enforcement remedies were intended to be exclusive,” fd. at 54, and thus ERISA contains “express pre-emption provisions” that are “deliberately expansive, and designed to ‘establish pension [and welfare

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).

Bentley v. Standard Fire Insurance

40 W. Va. 729 · West Virginia Supreme Court · Nov 9, 1895

showed that the assignment of the fund was contingent on the happening of loss, and that is that the assignment was as collateral security for a mortgage debt due Bentley from Louth; but the assignment as written was not so qualified … The other interrogatories, 2, 3 and 4, if answered favorably to the defendant, would at most only establish the reassignment back from Bentley to Louth, and, notwithstanding that, Bentley could still maintain, or Louth as

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.

Diane Horton v. Professional Bureau of Collections of Maryland

West Virginia Supreme Court · Nov 15, 2016

of contract or which affected property interests did because a claimant falls into one of the categories of persons listed in Rule 17(a) [as a real party in interest] does not end the analysis; the claimant must still establish … as an unfair settlement practice clearly does not amount to fraud.”

Bank of the Ohio Valley v. Lockwood

13 W. Va. 392 · West Virginia Supreme Court · Jul 6, 1878

Adams -was then a notary public, duly qualified, for Ohio county, West Virginia, residing in said county. … Va.; and other cases the court should not reverse the judgment in the cause, because the court erred in overruling said demurrer, it clearly appearing that the defendants were not thereby prejudiced.

Dennison v. Jack

172 W. Va. 147 · West Virginia Supreme Court · Mar 25, 1983

The "state action" which the majority finds lacking clearly appears on the face of these statutes. … Moreover, the failure of Chapter 38, article 1 to provide the grantor an opportunity to be heard clearly violates the public policy *311 of the State of West Virginia.

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.

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.

State v. Quinn

200 W. Va. 432 · West Virginia Supreme Court · Jul 22, 1997

factual evidence that tends to prove clearly and convincingly the falseness of the prior accusations. … shield law, then the court need not apply the provisions of our rape shield law in considering the admissibility of the evidence. [7] W.Va.Code, 61-8B-11 [1986] and West Virginia Rules of Evidence 404(a)(3) [1994] do not qualify

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.

Carper v. Kanawha Banking & Trust Co.

207 S.E.2d 897 · West Virginia Supreme Court · Jul 30, 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. … We would qualify that conclusion by noting that the deposition may be used by an adverse party against any party who had notice of the taking of the deposition and the consequent ability to respond or defend against the substance

Peter Lunsford v. Christopher Shy

West Virginia Supreme Court · Mar 27, 2020

Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly

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

Farmers Mutual Insurance v. Tucker

213 W. Va. 16 · West Virginia Supreme Court · Dec 12, 2002

In its order, the circuit court concluded that there were no genuine issues of material fact, and that Darrell Lee was clearly not a member of his father's household. … Tucker to establish that Darrell was a resident of Locie's household, Mr.

Bates v. United States

District Court, N.D. West Virginia · Nov 30, 2020

Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. … FTCA As noted in the R&R, the FTCA is a comprehensive legislative scheme by which the United States has waived its sovereign immunity to

PITA, LLC, and Milan Puskar revocable Trust Restated 9/28/11 v. Scott S. Segal and Scott S. Segal v. PITA, LLC, the Milan Puskar Revocable Trust Restated, 9/28/11

Intermediate Court of Appeals of West Virginia · Sep 11, 2023

emphasis added), the court stated: Bonds, given by a personal representative before the clerk of a county court in the vacation of the court as new bonds, after he had previously qualified … Absent some express language in the guaranty clearly and specifically providing a method for apportioning contributive shares among co-obligors, it is not an agreement among them.

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.”