Case law

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.

Rhoades v. County Commission of Marion County

District Court, N.D. West Virginia · Feb 1, 2022

The Court, not so divorced from the practice of law and the emotional rigors of litigation, also notes Justice Gorsuch’s qualifying comment on the “cardinal rule” – “[w]e also emphasize that … Even if some statements exceeded the bounds of permissible argument, a judgment will not be disturbed unless it clearly appears that the challenged remarks influenced the verdict . . . .”

Mays v. The Cabell County Board of Education

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

Information that is documented in anticipation of litigation can qualify as work product. Nicholas v. Bituminous Cas. Corp., 235 F.R.D. 325, 331 (N.D.W. Va. 2006). … For those reasons, the CCBOE’s Privilege Log is clearly inadequate.

Jones v. United States

District Court, N.D. West Virginia · Sep 16, 2019

government contends that the petitioner failed to raise his void for vagueness contention on his direct appeal of his resentencing, and therefore the petitioner cannot establish … under the § 924(c)(3)(A) ‘Force Clause’ nor under the no longer qualified [ ] [sic] §924(c)(3)(B).”

Panthera Enterprises, LLC

United States Bankruptcy Court, N.D. West Virginia · Apr 1, 2021

Approved Federal Savings Bank, 265 F.3d 248 (4th Cir. 2001), the Fourth Circuit noted that “[t]he primary purpose for [the 1993 amendment that added the safe-harbor provision] was to provide immunity from sanctions to … To the extent it relied on James Punelli as the primary basis for its factual investigation, that was clearly grossly deficient.10 As stated in In re Wilde Horse Enterprises, Inc., 136 B.R. 830, 841 (Bankr. C.D.

Post v. Amerisourcebergen Corporation

District Court, N.D. West Virginia · Aug 29, 2023

“This determination requires a two-pronged inquiry: (1) the named plaintiffs must not have interests antagonistic to those of the class; and (2) the plaintiffs’ attorneys must be qualified, experienced … It is not common, class-wide proof to establish whether other individuals had CIDP or benefitted from IVIG.

Waller v. (FCI) Mcdowell Warden

District Court, S.D. West Virginia · Sep 21, 2022

Waller argues that the armed career criminal enhancement should not have been applied at sentencing because his breaking and entering convictions did not qualify … test the legality of a sentence when: (1) at the time of sentencing, settled law of this circuit or the Supreme Court established

Jacklin Romeo, Susan S. Rine, and Debra Snyder Miller v. Antero Resources Corporation

West Virginia Supreme Court · Dec 6, 2024

“[T]he well-established rule [is] that a covenant arising by necessary implication is as much a part of the contract – is as effectually one of its terms – as if had been plainly expressed.” Brewster v. … But let’s be honest, everyone knows the point of sale of a house, the point of sale of a car, the point of sale of a pack of chewing gum. 5 Clearly, the point of sale is where

Johnson v. Brown

District Court, N.D. West Virginia · Sep 13, 2024

indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly … It is well established that a federal sentence cannot commence prior to the date of imposition, even when ordered to run concurrently with a previously imposed sentence.

Brown v. Bureau of Alcohol, Tobacco, Firearms and Explosives

District Court, N.D. West Virginia · Dec 1, 2023

Of course, “’minors’ First Amendment rights are qualified to some degree, see Tinker, 393 U.S. … at 506, 513, 89 S.Ct. 733, but those qualifiers do not eliminate the rights altogether.” Id.

Viola v. The City of Morgantown

District Court, N.D. West Virginia · May 4, 2023

The terms of employment determine if such benefits qualify as wages under the WPCA. See Syl. Pt. 5, Meadows v. Wal-Mart, Inc., 530 S.E.2d 676, 679 (W. Va. 1999). … The WPCA “does not establish a particular rate of pay, . . .

Coal River Mountain Watch v. Republic Energy, LLC

District Court, S.D. West Virginia · Aug 12, 2019

WVDEP is immune because it is an arm of the State. See 33 U.S.C. § 1365(a)(1)(ii); 30 U.S.C. § 1270(a)(1) & (2); Bragg v. West Virginia Coal Ass’n, 248 F.3d 275 (4th Cir. 2001); see, e.g., Virginia v. … 12 Action Barred Under SMCRA The civil action pending before this Court is clearly

Morgan v. Ballard

District Court, S.D. West Virginia · Jul 1, 2022

Additionally, Petitioner’s argument regarding his state habeas counsel’s failure to brief the McCoy issue in a second state habeas proceeding in 2019-2020 clearly does not attack “the integrity of [his] federal habeas proceeding … Where a defendant has procedurally defaulted an argument, he can only raise it in a collateral attack by establishing “cause and prejudice” or “actual innocence.” United States v.

Blenko v. Cabell Huntington Hospital, Inc.

District Court, S.D. West Virginia · Aug 10, 2022

Plaintiffs’ interests are clearly aligned with the proposed class members, as they have a common interest in these claims. … Courts in the Southern District of West Virginia have found both these firms to be well-qualified to act as class counsel in complex employment matters. See e.g., Shawn Abner, et al. v.

R. v. Justice

District Court, S.D. West Virginia · Jul 28, 2021

Plaintiffs’ argument here relies on a separate but related line of cases established in actions like here, where the claims of named plaintiffs are mooted prior to the certification. … “Where vital state interests are involved, a federal court should abstain unless state law clearly bars the interposition of the constitutional claims.” Id. (internal quotations omitted) (quoting Moore v.

David v. Haywood

United States Bankruptcy Court, N.D. West Virginia · Jan 13, 2020

Material facts are those necessary to establish the elements of the cause of action. Anderson, 477 U.S. at 248. … By means of this recharacterization, the transaction does not qualify as a “loan of money” or a “forbearance” within the scope of the usury law, W. Va.

Courtland Company, Inc. v. Union Carbide Corporation (Courtland III)

District Court, S.D. West Virginia · Jul 1, 2022

Viewing the evidence most favorably to Courtland, the two culverts are clearly point sources. … 10 Even if the Southern Drainage Ditch were subject to Section 1342(p), stormwater that enters the ditch comes from Filmont, which doubtlessly qualifies

Larry v. The Marion County Coal Company

District Court, N.D. West Virginia · Jan 31, 2018

She has clearly established the first two elements of her claim: She is a female, and accordingly, a member of the protected 14 LARRY v. … incite, compel or coerce any person to engage in any of the unlawful discriminatory practices defined in this section. 1 It is undisputed that MAEI qualifies

Griffin v. State of West Virginia

District Court, S.D. West Virginia · Dec 21, 2017

As stated above, Petitioner has the burden of establishing that the State court proceedings are “so clearly deficient as to render futile any effort to obtain relief.” Duckworth, supra, 454 U.S. at 3. … Nov. 2012)(finding that 22 months does not qualify as inordinate delay); Short v. Hoke, 2010 WL 2509633 (S.D.W.Va. June 18, 2010)(J.

Courtland Company, Inc. v. Union Carbide Corporation (Courtland IV)

District Court, S.D. West Virginia · Jul 1, 2022

Viewing the evidence most favorably to Courtland, the two culverts are clearly point sources. … 10 Even if the Southern Drainage Ditch were subject to Section 1342(p), stormwater that enters the ditch comes from Filmont, which doubtlessly qualifies