Case law

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.

Patel v. Wilke

District Court, N.D. West Virginia · Jan 18, 2022

The ALJ held that while Plaintiff (Complainant) is within a Title VII protected class due to his national origin, he is otherwise qualified for the position due to his residency and admitting privileges, and he was not … The ALJ concluded the decision by finding that Plaintiff (Complainant) “did not establish by a preponderance of the evidence that the Agency discriminated against him based on his national origin[.]”

Internal Revenue Service v. Highlanders Alloys, LLC (In re Highlanders Alloys, LLC)

551 B.R. 235 · District Court, S.D. West Virginia · Sep 30, 2014

Given these facts, none of the cases cited by the parties are clearly on point. In Knight Realty, the debtor’s liabilities far exceeded the value of the assets that were transferred to the trust. … Second, the IRS argues that “Highlanders has not even attempted to establish that the factual assumption underlying its accounting methodology is correct.

The Truth Tellers, LLC v. Levine

District Court, N.D. West Virginia · Mar 20, 2023

The note provided for repayment of the money invested with interest at the time of maturity or for conversion into preferred stock in Indeco upon a qualified financing. … Meador was critically involved in establishing the Appellant and contributing to its finances.

State of West Virginia ex rel. State of West Virginia v. The Honorable Lora Dyer, Judge, Circuit Court of Jackson County, West Virginia, and Jesse Wood, Below and Party in Interest

West Virginia Supreme Court · May 19, 2026

The factors to be considered for issuance of a writ of prohibition are well-established: In determining whether to entertain and issue the writ of prohibition for cases not involving an absence of jurisdiction … Virginia Code § 7-4-1(a), which provides, in relevant part, that The prosecuting attorney shall attend to the criminal business of the state in the county in which he or she is elected and qualified

Grant Thornton, LLP v. Federal Deposit Insurance

694 F. Supp. 2d 506 · District Court, S.D. West Virginia · Mar 10, 2010

“[I]f a plaintiff can demonstrate that the defendant’s acts caused him economic loss and so establish liability, the plaintiff will also be able to establish ‘facts and circumstances tending to show the probable amount of … Grant Thornton contends that the FDIC was required to establish Kutak’s breach of duty via expert testimony.

Heller v. National Bank

33 F. Supp. 250 · District Court, N.D. West Virginia · May 7, 1940

Burt of the same city qualified as executors of her last will and testament and codicil thereto attached. Said last will and testament and codicil reads as follows: “Will of Laura M. Burt “I, Laura M. … Conclusions of Law There are certain well-established principles of law which govern all cases involving the interpretation of wills.

Petrovsky v. United States Attorney General

District Court, N.D. West Virginia · Apr 24, 2018

Here, he has clearly established the first element of his claims; he served as his co-worker’s designated EEOC representative, and accordingly, engaged in protected activity. … After reviewing all of the submissions, Warden Deboo and AW Odom determined that Petrovsky was the best qualified applicant for the position and selected him to fill the vacancy (Dkt.

Hager v. Omnicare, Inc.

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

The second, specific jurisdiction, “may be established if the defendant’s qualifying contacts with the forum state also constitute the basis for the suit.” Universal Leather, 773 F.3d at 559. … The well-pled allegations at this point, however, clearly suffice under the Due Process clause.

Bennett v. Skyline Corp.

52 F. Supp. 3d 796 · District Court, N.D. West Virginia · Oct 3, 2014

They correctly point out that this relationship establishes the potential for joint and several liability (Dkt. No. 17 at 14; Dkt. No. 1-2 at 3). … The Court found, however, that “conspiracy is an intentional act, and not a negligent one,” immunizing Rivesville from the civil conspiracy charge. Id.

Durstein v. Alexander

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

Durstein claims (1) § 18A-3-6 “contains no standards—on its face or as authoritatively interpreted by West Virginia's highest court—to confine the Superintendent's threshold determination of which speech can or cannot qualify … Durstein fails to establish that this law—which the State Superintendent points out has been on the books since 1908—has had, or is likely to have, a substantial chilling effect on any speech, except perhaps her own.

Ogle v. Adams

12 W. Va. 213 · West Virginia Supreme Court · Dec 12, 1877

All the evidence, I think, clearly shows, that at or about the time Joseph Ogle so left his family, he entirely abandoned them. … Though the statutes authorized femes covert to convey their lands, and this authority ought to be construed to comprehend everything properly belonging to the contract of actual sale, yet it does not qualify them to enter

Meadows v. Wal-Mart Stores, Inc.

207 W. Va. 203 · West Virginia Supreme Court · Jun 9, 2000

If so, the amount of “then accrued fringe benefits” readily can be established at any given point in time. … While the circuit court’s order is conelusory and does not specify the issues on which it ruled, it clearly denied the appellants’ motions in which the collateral estoppel issue was raised.

Gaer v. American Public Education, Inc.

895 F. Supp. 2d 763 · District Court, N.D. West Virginia · Dec 8, 2011

Thus, assuming an efficient market, this regulation is well established and known to informed investors. … These are all simply market risks which are clearly beyond APEI’s control.

State v. King

64 W. Va. 546 · West Virginia Supreme Court · Dec 22, 1908

The statute of 1898, clearly prohibits their sale. … It is well established that the Legislature may direct what evidence shall be required to prove a fact. It may fix the burden of proof.

SAYER BROS., INC. v. St. Paul Fire & Marine Ins. Co.

150 F. Supp. 2d 907 · District Court, S.D. West Virginia · Jul 20, 2001

For these reasons, the Court predicts the Supreme Court of Appeals of West Virginia would not require the forced application of the valued policy law to what is clearly an open insurance policy, nor hold an insurer liable … Paul not liable for bad faith for not paying thirty-five million dollars on the claim is GRANTED as qualified ante; (3) Sayer Brothers’ motion for partial summary judgment as to liability alone on Counts 2 and 3 is DENIED

Campbell v. Kuhnle Brothers, Inc.

District Court, N.D. West Virginia · Sep 17, 2024

“For an interference to qualify as ‘substantial,’ the interference must amount to a ‘real and appreciable invasion of the plaintiff's interests,’ which means ‘more than slight inconvenience … The Supreme Court of Appeals of West Virginia has stated that “cases will obviously be infrequent in which ‘mental disturbance,’ not so severe as to cause physical harm, will clearly

Dow v. Liberty Insurance Company

District Court, S.D. West Virginia · Nov 18, 2021

In West Virginia, however, there is an established definition for “surface water.” … This doctrine can be applied when: (1) The party assumed a position on the issue that is clearly inconsistent with a position taken in a previous case, or with a position

Campbell's Adm'r v. White

14 W. Va. 122 · West Virginia Supreme Court · Nov 16, 1878

These notes given by him for debts due from his father, and for money borrowed for his use previous to his death, and some, that were given soon after the death of his father and before he qualified as administrator, have … The master however is not bound to state inferences of law arising from the facts before him; and where facts are so clearly stated in a reportas necessarily to involve a particular consequence, it is for the court to act

Deason v. Kijakazi

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

Moreover, even if these impairments should have been more clearly designated as “nonsevere,” this Court has held that an error at step two is harmless when the ALJ found at least one severe impairment, proceeded with the … Mar. 11, 2020) (finding 3,000 jobs to qualify as a significant number of jobs in the national economy).