Case law

Roberts v. Kennedy

District Court, S.D. West Virginia · Aug 10, 2018

P. 56(e) and 28 U.S.C. § 1746, the filing qualifies as an affidavit,” cf. Williams v. Sielaff, No. 89-7750, 1990 WL 135721, at *1 (4th Cir. … Clearly, even if the initial procedures and prescribed medication were not wholly effective, Dr.

Slone v. State Auto Property & Casualty Insurance Company

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

Under Rule 12(b)(5), the “[p]laintiff bears the burden of establishing the validity of service once that service is contested.” McCoy v. Norfolk Southern Ry. Co., 858 F. … The court found that the life insurance policy at issue was, as to the third-party beneficiary, “clearly a first-party contract.” Id. at 896.

Lovejoy v. Jackson Resources Company

District Court, S.D. West Virginia · Jul 16, 2021

Under CERCLA, a person who incurs such cleanup costs is entitled to recover from anyone who qualifies as a “responsible person” under the statute. . … The statute clearly authorizes enforcement against past handlers who may have allowed hazardous substances to leak or spill out of their industrial property.

Taylor v. Wexford Health Sources, Incorporated

District Court, S.D. West Virginia · Jun 21, 2024

“Habit evidence…can also be established by a witness’s direct testimony of his general practice.” Howard v. … Mitcheff is “qualified to testify as to the standard of care pertaining to the treatment of OUD in a correctional setting and how this standard of care translates into Wexford’s guidelines” and can “opine as to whether

Amherst Coal Company v. United States

295 F. Supp. 421 · District Court, S.D. West Virginia · Jan 20, 1969

While I am of the opinion that Amherst Coal Company, as successor to Hatfield by statutory merger, and as parent company in the Amherst complex, qualifies as “the taxpayer” entitled to carry over and deduct Hatfield’s operating … The government further points out that Treasury bonds, of course, can be purchased only with cash available to the corporation, and contends that the records and schedules upon which Amherst relies failed to establish the

State v. George K.

233 W. Va. 698 · West Virginia Supreme Court · Jun 13, 2014

We have held that “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. pt. 1, Chrystal R.M. v. … Even if it was established that the child in this case did not and will not suffer any harm as a result of George K.’s acts, it does not follow that another child subject to a similar encounter in the future would also not

Stoler v. PennyMac Loan Services, LLC

District Court, S.D. West Virginia · Oct 11, 2019

When an applicant submits a loss mitigation application, the servicer must determine whether the applicant qualifies for a loan modification to help the applicant bring the account current … “Material” facts are those necessary to establish the elements of a party’s cause of action. Anderson v.

Akers v. Minnesota Life Insurance

35 F. Supp. 3d 772 · District Court, S.D. West Virginia · Aug 4, 2014

In the case of the termination of the group policy, [Minnesota Life] may require that an insured under a certificate be so insured for at least five years prior to the termination date in order to qualify for the above conversion … From the well-established tenet that an agent cannot create his own authority to represent a principal, see NLRB v.

Butcher v. Halliburton Energy Services, Inc.

District Court, N.D. West Virginia · Apr 15, 2021

covered by West Virginia workers’ compensation law, but covered by the compensation law of its home state, temporarily employing an out-of-state resident who is injured in West Virginia, is immune … Plaintiffs seem to intentionally avoid the critical distinction between extraterritorial, which Justin Butcher clearly was, with “non-temporary” which absolutely requires an employee to have performed

Evans v. Hutchinson

214 S.E.2d 453 · West Virginia Supreme Court · Apr 8, 1975

The permissible extra-educational uses of school board facilities are clearly delineated in Code 1931, 18-5-19, as amended, *458 permitting, inter alia, use ". . . to promote and facilitate frequent meetings and associations … That case also recognized that, under Code 1931, 6-6-7, "to remove a person from office the charge against him must be established by satisfactory proof."

Boone

District Court, S.D. West Virginia · Jan 13, 2026

In contrast, the Indictment here clearly alleges that Boone knowingly possessed a firearm. The other elements have also been properly alleged. … Therefore, he has not established a valid Sixth Amendment violation based on ineffective assistance of counsel at sentencing.

Slonaker v. Kennedy

District Court, S.D. West Virginia · Feb 9, 2021

immunity. … “Material” facts are those necessary to establish the elements of a party’s cause of action. Anderson v.

Blackjewel L.L.C. and Lone Mountain Processing, LLC

United States Bankruptcy Court, S.D. West Virginia · Aug 15, 2025

P. 3007(d) and establishing streamlined hearing procedures to efficiently resolve the Trust’s omnibus objections. ECF No. 3705. … fiduciary exception also has been applied in the context of ERISA enforcement actions: “‘where an ERISA trustee seeks an attorney’s advice on a matter of plan administration and where the advice clearly

City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation

District Court, S.D. West Virginia · Mar 31, 2021

The moving party has the burden of establishing that there is no genuine issue as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … In holding that plaintiffs had not met their burden, the court noted, “Clearly, trucking is not a nuisance per se.”

Cox v. O'Malley

District Court, S.D. West Virginia · Aug 22, 2024

The Social Security Administration has established a five-step sequential evaluation process to aid in this determination. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4); Lewis v. … Comm’r, 699 F.3d 337, 340 (4th Cir. 2012) (“To establish eligibility for . . . benefits, a claimant must show that he became disabled before his [date last insured].”).

McCoy v. Diamond Electric Mfg. Corporation

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

Thus, Plaintiff has established a prima facia case of FMLA retaliation. 2. … As explained above, Plaintiff is clearly not admitting to Ms. Blevins’ version of events but is instead disputing the validity of the evidence used to terminate her, unlike the plaintiff in Laing.

Goodman v. Searls, Superintendent

West Virginia Supreme Court · Nov 22, 2021

The majority grasps at straws to establish corroboration to excuse the absence of the Humphreys/Bolling instruction. … The State clearly utilized the accomplices’ guilty plea as a device to infer the guilt of petitioner.

Erik Patrick Wells v. Charles T. Miller, Prosecuting Attorney

West Virginia Supreme Court · Sep 22, 2016

This State’s statutes, as well as this Court’s prior cases interpreting those statutes, clearly address the issues raised in these proceedings and lead to the inevitable conclusion that Mr. … Wells and His Supporters The Legislature clearly delineates the path an independent candidate for public office must follow to have his name placed upon the general election ballot.

State v. Jessica Jane M.

226 W. Va. 242 · West Virginia Supreme Court · Sep 16, 2010

Consistent with this “clearly erroneous” standard, this Court has consistently held that the decision to allow or to refuse to allow a child’s testimony is within the sound discretion of the trial judge and will not be reversed … Regardless of the precise articulation, some statements qualify under any definition-for example, ex parte testimony at a preliminary hearing.

Nehrenz v. Hendrix

District Court, N.D. West Virginia · Nov 1, 2018

However, federal regulations do not establish any minimum amount of time that a federal inmate must spend in an RRC. Id. … It is well-established that an inmate has no constitutional right to be confined to a particular institution, Meachum v.