Case law

Wayne White, Michael Wood, Joshua Gandee, and others similarly situated, and the International Association of Fire Fighters Local 91 v. City of Parkersburg

West Virginia Supreme Court · May 27, 2026

The City also continued to pay qualified Firefighters EMT pay at the rate of $0.42 per hour, despite the change in their schedules. … The parties agree that the first two criteria of Affiliated Construction Trades Foundation are established, but they part ways on whether the third criterion is shown.

Gautier v. Tams Management, Inc.

District Court, S.D. West Virginia · Mar 2, 2023

Here, the legislative history clearly demonstrates that Congress intended the phrase “back pay for each day of violation” to refer to wages the employee would have earned absent a violation. … Gautier notes, the Defendants have failed to establish that the payments during the violation period came from the single employer in this case.

Rose

District Court, S.D. West Virginia · Mar 26, 2026

Plaintiffs failed to provide the Court with a copy of the Settlement Agreement but indicated the PrimeCare Defendants would deposit $2,500,000.00 into a Qualified Settlement Fund. [ECF 1353 at 3]. … Regardless, Plaintiffs are unable to establish mistake. The underlying circumstances bear repeating.

Prophet v. Ballard

District Court, N.D. West Virginia · Aug 19, 2019

Therefore, Petitioner has not established that he is entitled to relief on this claim. … ’ and do not establish bias or partiality.”

Buster v. Holland

27 W. Va. 510 · West Virginia Supreme Court · Feb 6, 1886

Dennis has qualified as the administrator of the said Henry F. Hunter, deceased, and that the said H. F. … these judgments against Holland, still it would be clear, that though Robinson might originally in 1869 have directed it to be applied as a payment on these Holland bonds on which judgments were afterwards rendered, yet he clearly

Sutphin v. Ethicon, Inc.

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

I assume that this is because, as Thiesson sings: “Opinions are immunity to being told you’re wrong.” … In any event, I have clearly held that a feasible, alternative design must the risks that injured Plaintiff, rather than merely them. , No. 2:12-cv-02952, 2016 WL 7197441, *5 (S.D.W. Va.

West Virginia Highlands Conservancy v. Bluestone Coal Corporation

District Court, S.D. West Virginia · Jun 3, 2020

However, the Consent Decree sets those penalties as a non-exclusive remedy that would qualify for an offset against any statutory penalties that were subsequently assessed. (Id. … Here, there is no evidence that the parties clearly intended for the Consent Decree to require compliance with the future selenium effluent limits.

Daniels v. Mingo County Commission

District Court, S.D. West Virginia · Nov 15, 2023

Once the moving party meets its burden, the burden shifts to the non-moving party 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 … However, the Court is puzzled by the exact nature of this concession: Plaintiffs surrender their excessive force claim on qualified immunity grounds, despite Defendant McCown never raising that defense.

City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation

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

(opining that not to require disclosure of summaries “is ludicrous and clearly defeating of the entire purpose of Rule 1006—to permit employment of a summary, chart or calculation … He also “employed his expertise in analyzing large data sets” “to calculate a valid Established Business Relationship.” Id.

The Truth Tellers, LLC v. Levine

United States Bankruptcy Court, N.D. West Virginia · Mar 31, 2022

She established herself as President and Mr. Levine as Secretary of Truth Tellers,1 and Defendant was also made a signatory to the bank account. … Second, Plaintiff must establish that Defendant committed an act of defalcation while acting as a fiduciary.

Mauro v. InfoCision, Inc.

District Court, N.D. West Virginia · Sep 21, 2020

However, no such claim is clearly pled in her Complaint. See Caudill v. CCBCC, Inc., 651 F. Supp.2d 499, 510 (S.D.W. … Noll was qualified to 3 Ms. Adamescu specifically mentioned Ms.

Doe v. Marshall University Board of Governors

District Court, S.D. West Virginia · May 12, 2023

(“Through FERPA, Congress explicitly recognized a student's privacy right in the information contained in his or her education records and clearly intended for those records to be treated with special care. … In this district, electronic or written communications such as emails do not, on their own, qualify as conferring on discovery issues. See, e.g., Murphy v.

Zeng v. Marshall University

District Court, S.D. West Virginia · Mar 26, 2020

Zeng was hired was to establish a research program. Dr. Zeng was provided funding, time and laboratory space to establish this program. Based on the evidence we were presented, it is clear that Dr. … Three Marshall regulations make this point clearly. First, Marshall requires professors to apply for tenure before their sixth year of employment.

Johnson v. Reverse Mortgage Funding LLC

District Court, S.D. West Virginia · Feb 5, 2020

Under HUD’s Mortgagee Optional Election (“MOE”) program, “HUD will take assignment of any pre-2014 [reverse mortgage loan] at a stage before foreclosure if the loan involves a qualifying non- borrowing spouse who survived … In such cases, “all facts necessary to the affirmative defense [must] clearly appear on the face of the complaint.” Id.

Dean v. Saul

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

Claimant bears the burden of establishing a prima facie entitlement to benefits. … Clearly, the ALJ considered the medical evidence as well as Claimant’s reported symptomology from the relevant time period.

Barrett v. Commissioner of Social Security

District Court, N.D. West Virginia · Sep 14, 2017

“Cook, however, does not establish an inflexible rule requiring an exhaustive point-by- point discussion in all cases.” Russell v. Chater, No. 94–2371, 1995 WL 417576, at *3 (4th Cir. … Bennett’s testimony clearly addressed Plaintiff’s alleged difficulties with concentration, persistence or pace. See R. 55–57. In that regard, Dr.

Lind v. Ames

District Court, S.D. West Virginia · Mar 31, 2023

(See ECF No. 132 at 3; see also ECF No. 103 at 5 (“The trial judge respectfully, is not an expert under rule 702”); ECF No. 63 at 6 (“It has been established in the Federal Rules of evidence 702 that even a judge who is … The Magistrate Judge found that Petitioner’s procedurally defaulted claims of ineffective assistance of trial counsel were not potentially meritorious and, thus, did not qualify for de novo review under the Martinez exception

United Fuel Gas Co. v. Public Service Commission of West Virginia

14 F.2d 209 · District Court, S.D. West Virginia · May 10, 1926

The burden of establishing that fact is upon the plaintiff, and obviously is not a light one. … It will suffice to say that .they appear to have been well thought out by a highly qualified expert and to have been carefully applied.

State of West Virginia v. Steward Butler

West Virginia Supreme Court · May 9, 2017

Certain individuals are targeted for violence because they are perceived to violate socially-established protocols for gender and sex roles. … Attacking a male and shouting homophobic slurs because he is kissing a man most certainly qualifies as committing an act “because of . . . sex.”

Renick v. Ludington

20 W. Va. 511 · West Virginia Supreme Court · Nov 11, 1882

Iler brother qualified as his administrator. On August 7, 1871, he paid to Samuel 0. … These allegations in her answer, not made on oath, if they had been proven would have established, that this home place was conveyed to her for a valuable and adequate consideration.