Case law

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

Hukill v. Guffey

37 W. Va. 425 · West Virginia Supreme Court · Dec 22, 1892

The one great thing to be done was the specific act of boring; its breach clearly noncompensable with so small a sum as the commutation money. … And this can only _be established by legitimate testimony.

Cather v. EQT Production Company

District Court, N.D. West Virginia · Aug 13, 2019

The statute clearly limits its own applicability to those engaged in the business of severing, in this instance, natural gas from West Virginia lands. … Defendants’ contention that Plaintiffs qualify as a “taxpayer” under the Act is unavailing.

Romeo v. Antero Resources Corporation

District Court, N.D. West Virginia · Jun 16, 2021

To qualify as a judicial admission, an attorney's statement must be “deliberate, clear and unambiguous.” Meyer, 372 F.3d at 265 (citing MacDonald v. Gen. … This statement, however, does not deliberately, clearly, or unambiguously state that any lease containing the Class Lease royalty provisions produced prior to the Class being certified2 but

Tri-State Petroleum Corp. v. Kevin P. Coyne

814 S.E.2d 205 · West Virginia Supreme Court · Apr 12, 2018

Jan. 5, 2005) (“[A] breach of fiduciary duty claim will survive the gist of the action doctrine only where the fiduciary relationship in question is well-established and clearly defined by Pennsylvania law or policy, such … interest in actions founded on contract.”). 51 medical expenses, damages to tangible personal property and similar out-of-pocket expenditures.”88 More broadly, to qualify

Bias v. O'Malley

District Court, S.D. West Virginia · Oct 1, 2024

The Social Security Regulations establish a five-step sequential evaluation process for the adjudication of disability claims. … In addition, the state agency physicians, who are highly qualified experts in social security disability evaluation, unanimously concluded that Claimant not only had a medically determinable impairment of fibromyalgia,

Ohio Valley Environmental Coalition v. Hurst

604 F. Supp. 2d 860 · District Court, S.D. West Virginia · Mar 31, 2009

Army Corps of Eng’rs et al., 464 F.Supp.2d at 1171, 1225 (M.D.Fla.2006) (“[T]he mitigation measures are a mandatory condition of the permit and therefore qualify as the type of mitigation measures that can be relied upon … The Corps did provide more support for the establishment of riparian areas as a compensatory mitigation measure.

Bank v. Prager & Son

50 W. Va. 660 · West Virginia Supreme Court · Mar 1, 1902

provided that on the execution and delivery thereof the said trustee should take full possession and custody of said property, make a full inventory thereof and have the same appraised as to value by three competent and qualified … This answer is clearly evasive and it is impossible to conclude from the answer whether he had per- - sonal knowledge of such pureliases or not.

Hoke v. Hoke

12 W. Va. 427 · West Virginia Supreme Court · Mar 30, 1878

Hoke against any deficiency in said fund to meet his claim when established as above provided.” … The object of the 19th section of same chapter, was manifestly to qualify the operation and effect of said section 18.

Davis v. Ames

District Court, S.D. West Virginia · Sep 13, 2023

Upon a comprehensive review of the record herein, the undersigned FINDS that Petitioner failed to properly exhaust Grounds 2(b) and 8 of his § 2254 petition and the state court decisions clearly demonstrate that those claims … at 280 (“Negligence on the part of a prisoner’s postconviction attorney does not qualify as ‘cause.’”)

First American Title Insurance Co. v. Bowles Rice, L.L.P.

District Court, N.D. West Virginia · Aug 8, 2018

Review of the only notice of mechanic’s lien filed by Bowles Rice, however, belies this argument and confirms that the MCDA is clearly named (Dkt. … Clearly, this is not the type of “judicial acceptance” contemplated for the purposes of estoppel, even in the bankruptcy context. Cf. Reynolds, 861 F.2d at 473.

Beall 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, . . .

Dean v. SN Servicing Corp

District Court, N.D. West Virginia · Mar 22, 2023

Wells Fargo misrepresented that this was the best interest rate for which the Plaintiff could qualify. Id. at ¶ 10. … MOTION TO AMEND COMPLAINT [ECF NO. 24], AND GRANTING MOTION TO AMEND ANSWER [ECF NO. 38] States, 55 F.3d 910, 917 (4th Cir. 1995), or “when the proposed amendment is clearly

Holly River Coal Co. v. Howell

36 W. Va. 489 · West Virginia Supreme Court · Apr 16, 1892

The description of the two hundred acres was also clearly wanting in convenient certainty of description. *493 This defect was not cured by the verdict which followed the declaration; and judgment was given according to the … The land-office was established by Act May, 1779, which provided for grants. Act June, 1788, authorized what are called “inclusive” (exclusive) surveys, which lasted in effect until 1796.

United States Department of Labor v. Fire & Safety Investigation Consulting Services, LLC

District Court, N.D. West Virginia · May 3, 2018

NO. 49] Nor do the defendants dispute that Harris himself qualifies as an “employer” subject to liability under the Act. … Even assuming that such an agreement existed, it clearly did not reflect the regular rate of pay actually in effect.

Myllius v. Smith

53 W. Va. 173 · West Virginia Supreme Court · Apr 11, 1903

The order qualified the consent to the defendants represented by counsel. Neither O. L. Rohrbaugh nor William Post had entered an appearance up to that time. … Rohrbaugh was sufficient upon which to establish his claim without reference to the status of the elder Rohrbaugh, who really had! no interest in the matter and never had any.

Plymail v. Mirandy

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

established federal law” provisions of § 2254(d)(1); and (6) the Magistrate Judge incorrectly determined that Petitioner cannot establish prejudice from the twenty-year delay in his appeal. … lost,’ and ‘did not know what to do, or just how to proceed,” yet attorney #1 expected that the petitioner would “draft his own brief on the speedy trial issue, despite [the petitioner’s] insistence that he did not feel qualified

State of West Virginia v. John Henry Hoyle

West Virginia Supreme Court · Nov 22, 2019

But, the statute states unequivocally that its provisions apply retroactively to qualifying offenders. W. Va. … At the trial for these charges on September 16, 2015, the testimony of State Police Deputy David VanMeter and State Police Trooper James Cornelius established the following facts.

Schilling v. Short

15 W. Va. 780 · West Virginia Supreme Court · Dec 13, 1879

The plaintiff also alleges that in the year 1869 the said *782 Chapman died, and that he, plaintiff, was duly appointed and qualified his administrator, and that the sums of money mentioned in said third and fourth single … Clearly not the purchase-money due from Hiram Short.

Webster Wagon Co. v. Home Insurance

27 W. Va. 314 · West Virginia Supreme Court · Dec 8, 1885

This was the established usage. … An additional reason, which is paramount to all others, and which characterizes the whole case, is, that the premium-notes, whether uncollected or collected are upon the disclosure to be considered as a qualified pledge for