Case law

Lane v. Gray Transportation, Inc .

District Court, N.D. West Virginia · Sep 20, 2021

Throughout the employment relationship, Plaintiff “met applicable job qualifications, was qualified for the position which he held, and performed the job in a manner which fully met any … A notice of removal may establish the amount in controversy. 28 U.S.C. § 1446(c)(2).

Kevin Goodman, Jr. v. Shelby Searls, Superintendent, Huttonsville Correctional Center

West Virginia Supreme Court · Jun 8, 2022

The majority grasps at straws to establish corroboration to excuse the absence of the Humphreys/Bolling instruction. … Clearly, the plea agreements and admissions of the accomplices in petitioner’s trial predominated all parties’ cases.

State v. Young

185 W. Va. 327 · West Virginia Supreme Court · Jun 28, 1991

He [or she] could stand on a street comer and sell prescriptions to passersby and yet he [or she] would be immune from ... prosecution.” United States v. … This Court has established the tests for the sufficiency of indictments in general and of indictments charging a violation of W.Va.Code, 60A-4-401(a), as amended, in particular.

Lowe v. Frame

District Court, S.D. West Virginia · May 23, 2025

For Plaintiff to make out a meritorious deliberate indifference claim, he must establish two prongs. … Defendants are clearly aware that Plaintiff attempted suicide in April. Indeed, his two previous attempts have made it apparent that Plaintiff presents as a serious risk of taking his own life.

Forloine v. Persily

District Court, S.D. West Virginia · Aug 1, 2023

The Intermediate Court of West Virginia is a new adjudicative body, established in 2022 by West Virginia Code § 51-11-4. … Otherwise, the need for further proceedings would jeopardize the life or health of Medicaid applicants who qualify for such expedited hearings.

Clarke v. Tango Networks, Inc.

District Court, S.D. West Virginia · Dec 23, 2021

Specific jurisdiction is available where “the defendant’s qualifying contacts with the forum state also constitute the basis for the suit.” Universal Leather, LLC., 773 F.3d at 559. … The District Court for the Eastern District of New York immediately declined to find general jurisdiction, as it would “clearly violate [] due process principles,” and turned its analysis to specific jurisdiction.

State v. Fields

225 W. Va. 753 · West Virginia Supreme Court · Apr 21, 2010

Holding that finding to be clearly wrong, this Court indicated that, an accused continues to enjoy the assistance of counsel, even where the assistance is marginalized by the strength of the prosecution's evidence. … We have little trouble concluding that erroneous deprivation of the right to counsel of choice, "with consequences that are necessarily unquantifiable and indeterminate, unquestionably qualifies as `structural error.'" [

United States v. Moreland

568 F. Supp. 2d 674 · District Court, S.D. West Virginia · Apr 3, 2008

“Few legal precepts are as firmly established as the doctrine that the mandate of a higher court is ‘controlling as to matters within its compass.’ ” United States v. … This enhancement provides for both an enhanced offense level and an enhanced criminal history for qualifying defendants.

U.S. Equal Employment Opportunity Commission v. Wal-Mart Stores East, LP

District Court, S.D. West Virginia · Mar 18, 2025

As used in this Decree, the term “complaint” shall mean any allegation or report made by any person, whether or not substantiated by evidence, whether or not made in conformity with Walmart’s established procedures (so … The term “days” shall mean calendar days unless business days are clearly specified in a specific provision of the Decree.

McEvoy v. Diversified Energy Company PLC

District Court, N.D. West Virginia · Apr 3, 2023

Lastly, the Consent Order does not establish Diversified’s compliance with West Virginia Code Section 22-6-19. … “In order to establish a prima facie case of negligence in West Virginia, it must be shown that the defendant has been guilty of some act or omission in violation of a duty owed to the plaintiff.

McEvoy v. Diversified Energy Company PLC

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

Lastly, the Consent Order does not establish Diversified’s compliance with West Virginia Code Section 22-6-19. … “In order to establish a prima facie case of negligence in West Virginia, it must be shown that the defendant has been guilty of some act or omission in violation of a duty owed to the plaintiff.

O'Dell v. USAA Federal Savings Bank

District Court, S.D. West Virginia · Apr 5, 2018

Despite the Defendant’s contentions, the Valentine footnote does not clearly state a change in the WVCCPA’s retroactive application. … Under West Virginia law, a plaintiff must establish four elements to maintain an IIED claim.

Bowles v. Berryhill

District Court, S.D. West Virginia · Dec 28, 2022

Would that qualify as moderate or is that less than moderate? VE: That’s less than moderate. … Revised Dictionary of Occupational Titles, Appendix D (1993) (defining “noise intensity level” and providing illustrative examples of a exchanges with respect to the hypotheticals establish

Dickson v. Ethicon, Inc.

District Court, S.D. West Virginia · Mar 27, 2020

It is clearly apparent from the filings and exhibits in this matter that the addition of Count XVI for loss of consortium in the Second Amended Short Form Complaint was inadvertent and improperly alleged. … A plaintiff’s inability to establish constructive fraud thus precludes her from recovering for negligent misrepresentation.

Hanson v. Amerihome Mortgage Company, LLC

District Court, S.D. West Virginia · Dec 28, 2017

There, the plaintiff alleged that Bank of America violated § 46A-2-127 by doing the following: (1) Defendant told him he qualified for loan modification and would receive one if he completed the requested financial … The court found that this was not enough to establish a contractual relationship in order to maintain a breach of contract claim. Id. (citing Pereira v.

Goughnour v. Hayward Baker, Inc.

District Court, N.D. West Virginia · Jan 2, 2018

If the nonmoving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial,” summary … Defendant argues first, that the payment in question clearly qualifies as a royalty payment and/or licensing fee.

T. v. Bowling

District Court, S.D. West Virginia · Mar 26, 2018

Then, a single dollar amount, up to $18,895, may be added to the base budget range figures according to the add-ons for which the individual qualifies. (See id. at 4–5.) … First, Plaintiffs can establish for themselves based on their setting which base budget range they are eligible to receive.

Romeo v. Antero Resources Corporation

District Court, N.D. West Virginia · Mar 23, 2020

An expert must be “qualified . . . by knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … “Neither Rule 702 nor case law establish a mechanistic test for determining the reliability of an expert’s proffered testimony.” Id.

In re Massey Energy Co. Securities Litigation

883 F. Supp. 2d 597 · District Court, S.D. West Virginia · Mar 28, 2012

The Board clearly resents accusations surrounding Massey’s commitment to safety.... … Moreover, the Court, on March 9, 2012, notified the parties of its observation of the various "qualified statements” made by Plaintiffs regarding their "request for leave to replead” their CAC and indicated that it did not

Gabbidon v. Wilson

District Court, S.D. West Virginia · Feb 17, 2021

Further, a party who brings an action against the United States pursuant to the FTCA “bears the burden of pointing to . . . an unequivocal waiver of immunity.” Williams v. … If there clearly exist factual issues “that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party,” then summary judgment