Case law

Hager v. Omnicare, Inc.

District Court, S.D. West Virginia · Sep 29, 2020

The second, specific jurisdiction, “may be established if the defendant’s qualifying contacts with the forum state also constitute the basis for the suit.” Universal Leather, 773 F.3d at 559. … The Supreme Court went on to emphasize that “restrictions on personal jurisdiction are more than a guarantee of immunity from inconvenient or distant litigation.

Goard v. Ames

District Court, S.D. West Virginia · Mar 29, 2024

Finding that “there is no evidence that the Circuit Court’s or WVSCA’s determination was contrary to, or an unreasonable application of, clearly established federal law[,] or based … It is thus necessary to establish the elements that must have been established to convict petitioner of conspiracy to commit robbery in the first degree.

Thomaselli v. Commissioner Of Social Security Administration

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

The regulations require the ALJ to consider the findings of state agency physicians because they are “highly qualified physicians, psychologists, and other medical specialists who are also … that because agency physicians “at most did a record review of limited medical records and never examined the Plaintiff,” the ALJ was wrong in giving their opinions great weight.5 The regulations establish

Stowers

District Court, S.D. West Virginia · Sep 22, 2025

The Plaintiff bears the burden of establishing a prima facie entitlement to benefits. See Hall v. … Clearly, the ALJ considered the medical evidence as well as the Plaintiff’s reported symptomology from the period at issue.

Crumlish's Adm'r v. Shenandoah Val. R.

40 W. Va. 627 · West Virginia Supreme Court · Apr 17, 1895

Rep. 58 ) an indebtedness Avas established against the Shenandoah Valley Railroad Company in favor of the Central Improvement Company, which a commissioner afterwards found to be eight hundred and tAventy thousand three hundred … Gifford, 31 Iowa 428 , this distinction is clearly drawn by the holding that the rule that the compensation of a receiver to take charge of the assets and wind up the affairs of an insolvent corporation should be paid out

A. Karim Katrib, M.D. v. Herbert J. Thomas Memorial Hospital Association and Thomas Health System, Inc.

West Virginia Supreme Court · Mar 27, 2023

discharge in bankruptcy is pleaded as a defense . . . the burden is upon the defendant to prove his discharge,” and this “may be done by putting in evidence a certified copy of the order granting the discharge.” 18 And it is “clearly … Katrib’s argument that the issue of whether he qualified as an unknown creditor was an issue of fact upon which he was entitled to discovery. In his response to Thomas Hospital’s motion to dismiss, Dr.

Hundley v. Dudek

District Court, S.D. West Virginia · Apr 9, 2025

The Plaintiff bears the burden of establishing a prima facie entitlement to benefits. See Hall v. … Clearly, the ALJ considered the medical evidence as well as the Plaintiff’s reported symptomology from the period at issue.

Farmer v. Kijakazi

District Court, S.D. West Virginia · Aug 15, 2022

established procedures.” … word argument clearly fails to meet this standard.

Petry v. Berryhill

District Court, S.D. West Virginia · Nov 17, 2017

Further, the ALJ did not consider the nature of Claimant’s past relevant work, and that he suffered from numerous physical complaints that clearly rendered him incapable of performing his past work, thus the ALJ’s decision … Moreover, the Fourth Circuit has held that a claimant’s additional “severe” impairment qualifies as a significant work-related limitation for the purpose of § 12.05C. Luckey v. U.S. Dept.

Spence v. Saul

District Court, S.D. West Virginia · Mar 2, 2020

He further opined, “[Claimant] is clearly unable to work 5 days per week, 8 hour[s] per day. His age, education and medical conditions make successful competition in the job market highly unlikely.” (Id.) … “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).

Adkins v. Berryhill

District Court, S.D. West Virginia · Nov 27, 2017

The Social Security regulations establish a five step sequential evaluation process for the adjudication of disability claims. … The regulations outline how the opinions of accepted medical sources should be weighed in determining whether a claimant qualifies for disability benefits. Id. § 404.1527(c).

Carter v. Saul

District Court, S.D. West Virginia · Mar 30, 2020

“Next, the ALJ must determine if the mental impairment is severe, and if so, whether it qualifies as a listed impairment.” … Therefore, there is clearly substantial evidence supporting the ALJ’s decision to give little weight to Dr. 5 Exhibits 4F, 5F, 6E, 10F, 12F, 15F, 16F, and 23F. (Tr. at 55.)

Piziak v. Berryhill

District Court, S.D. West Virginia · Mar 22, 2017

The Social Security Regulations establish a “sequential evaluation” for the adjudication of disability claims. 20 C.F.R. § 404.1520. … Clearly, this evidence, provided just over a month after the ALJ issued her decision, relates to the same time period of the ALJ’s decision. Dr.

Fruth, Inc. v. Cardinal Health, Inc.

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

calculated based upon the difference 2 This description does not appear to be challenged by Cardinal at this stage. 3 “Covered entities” are statutorily defined to include 15 types of entities, including Federally Qualified … Second, because it is not clear that Section 3.1 applies to 340B sales, the Court finds that Fruth is entitled to use extrinsic evidence to establish the parties’ intent. See Syl. Pt. 2, Berkeley Cnty. Pub. Serv.

Shinaberry v. Commissioner of Social Security Administration

535 F. Supp. 2d 604 · District Court, N.D. West Virginia · Mar 7, 2008

At this point, I feel that the claimant would probably benefit from aggressive stretching exercise program for his back under the supervision of a qualified physical therapist. … The evidence as a whole establishes that the severity of the claimant’s impairments does not preclude all substantial gainful employment.

State v. Baker

33 W. Va. 319 · West Virginia Supreme Court · Nov 18, 1889

If they are disqualified as jurors, then those best qualified will be excluded from passing between the commonwealth and the prisoner in cases where vindication of guilt or innocence will be most vital. . … In view of the great importance of this case, I have deemed it proper to examine patiently and carefully the authorities cited by prisoner’s counsel and others touching this point; and as a result we are clearly of opinion

Manivannan v. Bochenek

District Court, N.D. West Virginia · Sep 30, 2019

Guy is sufficient to establish that the methods used by NETL to conduct FOIA searches can be reasonably expected to produce Plaintiff’s requested information. … NETL also notified Plaintiff that he did not qualify for a fee waiver, and NETL assessed fees for continued processing of the seven consolidated requests. Id.

Adkins v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.

Elliot v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.

Halstead v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.