Case law

The Courtland Company, Inc. v. Union Carbide Corporation (Courtland II)

District Court, S.D. West Virginia · May 10, 2021

It is difficult to establish a defense is clearly insufficient. Clark v. Milam, 152 F.R.D. 66, 70 (S.D.W. … As previously discussed, for the cost of an investigation to qualify as necessary under CERCLA, there must exist an actual and real threat to human health or the environment

Fredeking v. Chase Bank USA, N.A.

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

As previously discussed, the terms of the contract clearly state Ms. Fredeking is not liable for any debt on the account. Though Ms. … Neither the contract, nor the FCBA, define what constitutes actions that must be taken to qualify an investigation as “reasonable.”

Allstate Vehicle and Property Insurance Company v. Pixler Davis

District Court, N.D. West Virginia · Aug 9, 2022

Accordingly, under either definition of business, the Davises’ activities plainly qualify as business activities. … Such definition clearly includes both real and personal property.

Fluharty v. Peoples Bank, NA

District Court, S.D. West Virginia · Jul 24, 2018

Great American has conceded the existence the insurance policy contract, and under that contract it had a duty to pay qualifying claims. … Great American’s satisfactory payment of the property loss claim may, if the appropriate elements are proved, establish waiver of rights.

Saleh v. Heckard

District Court, S.D. West Virginia · Dec 20, 2022

Saleh argues that the COVID-19 pandemic and his poor health qualify him for compassionate release. … The Court agrees with Magistrate Judge Tinsley that precedent clearly establishes that the more appropriate vehicle for relief was Mr. Saleh’s then-pending § 3582 motion in his sentencing court. See Shephard v.

Duty

District Court, S.D. West Virginia · Jan 12, 2026

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. … Just as in Crouse, the VE’s explanation why her opinion remains reliable despite an apparent conflict with the DOT was not stated clearly enough to be susceptible to judicial review.

Dickens

District Court, S.D. West Virginia · Mar 2, 2026

Motions to strike “are generally viewed with disfavor,” and the movant bears the burden to “clearly show” that inclusion of the challenged portion or portions of the pleading “will prejudice” the movant. … Moreover, it is well-established that district courts have “broad discretion” to manage their dockets, manage the sequence of discovery, and establish deadlines for filing motions and a schedule for their disposition

In Re Heck's, Inc.

83 B.R. 410 · District Court, S.D. West Virginia · Feb 4, 1988

The Equity Committee states that the original retention motion clearly contemplated final and permanent retention of BI & L and McCoy, contained nothing to suggest that bankruptcy court approval *412 was being sought on an … It was apparent, yet unavoidable, that McCoy, although well-qualified to perform some of the legal research and drafting, would be unable to do so by virtue of the nature of her practice.

Giberson v. Unum Life Insurance Company of America

District Court, S.D. West Virginia · Oct 12, 2022

to weight lifting/bench pressing were taken out of context by his doctors, and refer only to his use of “light resistance bands” and “5-8 pound dumbbells;” and (6) that he has a compromised immune … Under Maine law, “a statute will be construed to apply prospectively unless a legislative intent to make it retroactive is clearly stated.” Salenius v.

Murray v. State Farm Fire & Casualty Co.

203 W. Va. 477 · West Virginia Supreme Court · Jul 21, 1998

We believe such an interpretation clearly goes against the reasonable expectations of the parties. We agree with the court’s statement in Howell v. State Farm Fire & Cas. … Another commentator reviewing similar State Farm policy language stated: This [lead-in] clause, applied at face value, would clearly negate coverage in case of a concurring excepted cause.

Forloine v. Persily

District Court, S.D. West Virginia · Sep 12, 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.

Fitzwater v. CONSOL Energy, Inc.

District Court, S.D. West Virginia · Oct 15, 2019

West Virginia, Kentucky, Virginia, Pennsylvania, and “neighboring states:” Class A: All individual plan participants, and their dependents, who had qualified … package in the 1988 Wage Agreement,” and is “clearly superior to any wage and benefit package negotiated by the UMWA for anybody anywhere.”

Fain v. Crouch

District Court, S.D. West Virginia · Aug 2, 2022

The Medicaid Program is established in Title XIX of the Social Securities Act. 42 U.S.C. §§ 1396 et seq. … Thus, the difference in treatment clearly violates the comparability requirement, which requires that all persons within a specific category be treated equally. See White v.

T. v. Bowling

District Court, S.D. West Virginia · Sep 25, 2018

to ameliorate the Court’s concerns regarding the previous system’s constitutionality.2 Specifically, the new authorization system replaced the proprietary algorithm with a budget matrix employing a number of clearly … The Court acknowledges that the parties here have expended immense resources on this case, and nothing in this opinion should be construed to hold that the legality of DHHR’s new authorization system is immune

Merrifield v. Ames

District Court, S.D. West Virginia · Sep 30, 2022

Under §2254(d), the petitioner must show that the state court’s adjudication of his claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law,” or that … Where a first petition is dismissed “for technical procedural reasons,” such as failure to exhaust state remedies, a refiling of that petition after complying with the required formalities does not qualify as “second

Tricia Jackson and Jennifer Krouse v. Matthew L. Harvey

West Virginia Supreme Court · Oct 31, 2024

Regarding jurisdictional questions, we have stated that: “[i]t is well established that the issue of subject matter jurisdiction can be raised at any time, even sua sponte by this … by appointment of the county commission.”37 The commission has thirty days to do so; if it does not, then the county executive committee of the party of the preceding officeholder “shall submit a list of three legally qualified

Chiles v. United States

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

Once a grand jury, consisting of 16 to 23 qualified members is convened, the Government may present evidence of suspected crimes. Id. 6(a)(1), (d)(1). … Here, it is undisputed that law enforcement discovered the firearm on Chiles’s person during a frisk, clearly establishing that it was carried (Dkt. No. 108 at 80).

R. v. Justice

District Court, S.D. West Virginia · Mar 28, 2024

Negligence, or even carelessness, does not establish deliberate indifference. Id. … There is little case law in this circuit interpreting what qualifies as “reasonable steps” to preserve ESI under amended Rule 37(e).

Thompson v. O'Malley

District Court, S.D. West Virginia · Aug 20, 2024

“Next, the ALJ must determine if the mental impairment is severe, and if so, whether it qualifies as a listed impairment.” Patterson, 846 F.3d at 659; see 20 C.F.R. §§ 404.1520a(d), 416.920a(d). … The totality of support for Claimant’s position is contained in the following six vague, unsupported statements: The record in this case clearly establishes that the claimant has multiple severe medical and

State v. Gray

132 W. Va. 472 · West Virginia Supreme Court · Mar 8, 1949

It is inconceivable that the framers of our Constitutions, and the Ordinance of 1861, ever intended to surrender this power, so essential to the existence of the State they were then proposing to organize and establish. … R. 1111, and, in an annotation thereto, this theory is clearly upheld, and it is stated in the body of the opinion in that case that: “This court has held in numerous cases, and it appears to be in agreement with the weight