Case law

Gallant v. Mattress Giant Corp.

District Court, N.D. West Virginia · Dec 1, 2017

Cases should only be dismissed as frivolous when the legal theories are “indisputably meritless,” or where the claims rely on factual allegations which are “clearly baseless.” Id. at 327; see also Denton v. … In addition, “it is well established that although libel is generally perpetrated by written communication, it also includes defamation through the publication of pictures or photographs.”

State of West Virginia v. John Wayne Strawser, Jr.

West Virginia Supreme Court · Nov 17, 2017

The report found, however, that the social media attention primarily related to memorial pages that the victim’s family had established, that those who interacted with those pages likely knew the victim or her family, and … Whether, on the showing made, a change of venue will be ordered, rests in the sound discretion of the trial court; and its ruling thereon will not be disturbed, unless it clearly appears that the discretion

In Re Digitek Products Liability Litigation

821 F. Supp. 2d 822 · District Court, S.D. West Virginia · Nov 3, 2011

It established a program designed to resolve the cases in the MDL 9 through a claims process and a settlement fund. … Both experts are well qualified for the tasks and duties they are typically called upon to do. They are not, however, toxicologists.

Weller v. JP Morgan Chase Bank, National Association

District Court, N.D. West Virginia · Aug 18, 2017

While evidence of Chase’s attempt to collect from Kimberly is not plentiful, it is enough to qualify her as a consumer “allegedly obligated” to pay on the loan. See Croye, 740 F. Supp. 2d at 798. … The existence of fraud is generally a question of fact left to the jury, “but that does not automatically immunize the case from summary judgment.” Croye, 740 F.

Lyles v. FTL Ltd., Inc.

District Court, S.D. West Virginia · Feb 7, 2018

Plaintiff accepted $945,679.55 from NCC “in exchange for full and complete Release of all claims against FTL, Neil Hasen, and K&K,” resulting in Neil Hasen and K&K being dismissed from the civil action, and FTL remaining as qualified … The plain language of the Release entered into between the parties follows the definition of a nominal party as determined by the Fourth Circuit and clearly states that FTL remains “in this civil action in name only, for

In Re Quigley

391 B.R. 294 · United States Bankruptcy Court, N.D. West Virginia · Jun 20, 2008

[The statute] establishes parameters for that determination and supplants a court’s determination only if the given standard is violated.” … court could interpret the term “projected” to allow it to consider post-petition changes in income, §§ 1325(b)(3) and 707(b)(2)(A)(iii)(I) concern the expense side of the disposable income equation and neither subparagraph qualifies

Everett Frazier v. Nathan Talbert

West Virginia Supreme Court · Jun 15, 2021

Va. ___, 853 S.E.2d 587 (2020) that DMV records alone may be utilized to establish DUI without live testimony of arresting officer). … Court of Appeals aptly reasoned, The law gives one accused of driving under the influence of alcoholic beverages the right to have a chemical analysis of his blood and urine by a qualified

Ohio Valley Environmental Coalition, Inc. v. Pruitt

District Court, S.D. West Virginia · Jun 4, 2019

TMDLs “establish[ ] the maximum daily discharge of pollutants into a waterway” from all sources. Hayes v. Whitman, 264 F.3d 1017, 1021 (10th Cir. 2001) (citing Scott v. … The district court held the defendants—EPA and Army Corps of Engineers—failed to perform their statutory duties by not properly undertaking the necessary investigation before determining whether or not certain property qualified

Lovejoy v. Jackson Resources Company

District Court, S.D. West Virginia · Dec 9, 2022

A person who incurs such cleanup costs is entitled to recover from anyone who qualifies as a “responsible person” under the statute. . … Lovejoy relies on inference to establish a release.

Contractors Ass'n of West Virginia v. West Virginia Department of Public Safety

189 W. Va. 685 · West Virginia Supreme Court · Aug 23, 1993

Clearly, patrolling the highways in order to remove drunk drivers directly ensures highway safety. … the state road fund "consists of funds (excluding `Restricted' revenue) received from federal reimbursement grant programs, which reimburse the State for 75%-100% of the sums previously expended by the State on certain qualifying

Rose v. Sandy

District Court, S.D. West Virginia · May 15, 2025

In fact, they do not even share the same positions with each other or have the same interest in establishing Defendants’ liability. … Whether Defendants have qualified immunity defenses in individual instances. Variability in each inmate's mental health needs, which may raise distinct legal standards.

Freedom From Religion Foundation Inc. v. Mercer County Board of Education

District Court, S.D. West Virginia · Mar 31, 2020

court's jurisdictional findings of fact on any issues that are not intertwined with the facts central to the merits of the plaintiff's claims [are reviewed] under the clearly … Accordingly, the exception seeks to prevent “a manipulative litigant immunizing itself from suit indefinitely, altering its behavior long enough to secure a

Brown

District Court, S.D. West Virginia · Mar 9, 2026

immunity, [ECF 168 at 12–14; ECF 166 at 15–18], and (4) the Complaint fails to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). … The rule thus establishes the obligation of class counsel, an obligation that may be different from the customary obligations of counsel to individual clients.

Air Evac EMS, Inc. v. McVey

District Court, S.D. West Virginia · Mar 26, 2024

Instead, as the Fourth Circuit has clearly stated, “[a] repeal that must be inferred is, by definition, an implied repeal.” … Accordingly, Air Evac clearly has standing to challenge the AAPPA. D.

West Virginia State University Board of Governors v. The Dow Chemical Company

District Court, S.D. West Virginia · Jun 1, 2020

To qualify for federal officer removal under § 1442(a)(1), a private defendant must establish: “(1) that it ‘act[ed] under’ a federal officer, (2) that it has ‘a colorable federal … is ‘clearly sustainable.’”

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

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

Jenkinson v. Highmark West Virginia, Inc.

District Court, N.D. West Virginia · Jun 3, 2019

Jenkinson no longer qualified for coverage at Magee and needed to be removed to a nursing home. Highmark reasoned Mr. Jenkinson’s continued stay at Magee was no longer medically necessary because Mr. … Jenkinson cannot establish physical harm because he has not been denied treatment or service. Highmark states it authorized his admission to a nursing home capable of caring for him.

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.

The Honorable Dale W. Steager v. Consol Energy, Inc.

West Virginia Supreme Court · Jun 5, 2019

From this figure, the “average annual industry operating expenses” are deducted to establish a “net receipts” value. That value is then capitalized to determine the taxable value. … Clearly then, the percentage and monetary average are not “the same,” nor do they even move in lockstep.