96 results for 'court:"USDC Southern District of West Virginia"'.
J. Eifert denies the university's motion to compel an independent psychological evaluation of the student claiming it's Title IX Office discriminated against her when it charged her with violating the university's Student Code of Conduct for underage consumption of alcohol while at a friend's off-campus apartment as retaliation for reporting she was sexually assaulted. The student's mental condition is not in controversy, and the university has failed to show any good cause for such an examination.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: February 21, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Chambers grants in part the residential mortgage servicer's motion to dismiss the homeowner's complaint claiming it improperly foreclosed on the home she inherited from her parents three years earlier without confirming her status as successor-in-interest, then three months later transferred the mortgage to another servicer without still confirming her status as successor-in- interest or responding to her application to assume and modify the loan. Since she fails to allege she is a "borrower" or a "confirmed successor in interest" or meets the definition of a "consumer", her claims under the Real Estate Settlement Procedures and the West Virginia Consumer Credit and Protection acts are dismissed. However, the homeowner has demonstrated the company caused her harm when it intentionally interfered with the deed of trust securing the home to confirm her as successor in interest and assume the parents' home loan, and restricted her ability to qualify for loan mitigation options.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 21, 2024, Case #: 3:23cv525, NOS: Foreclosure - Real Property, Categories: Property, Business Practices, Foreclosure
J. Chambers grants summary judgment to the commission and seven deputy sheriffs in a couple's complaint alleging the deputies violated their constitutional rights after they were dispatched to the couple's home in response to two brief 911 calls. After the husband was charged with domestic battery and interfering with a 911 call, deputies returned to the home in April 2022 to execute a search warrant and check on the two daughters' welfare when the mother failed to answer subpoenas to testify. The couple failed to establish the deputies engaged in any unlawful activity during their investigations.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 12, 2024, Case #: 3:22cv277, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Goodwin grants in part a Charleston attorney's motion for attorneys fees in the breach of contract suit two other attorneys filed claiming he unjustly enriched himself in filing civil actions for former students of the Miracle Meadows School, a now-shuttered Seventh Day Adventist boarding school in Harrison County, after working jointly with them to file the first 29 suits that ultimately resulted in a $100 million settlement. Since the two attorneys recognized their claim lacked merit due to the absence of a joint venture agreement in the latter cases and voluntarily dismissed the complaint, and the one attorney failed to file for sanctions, he is entitled to an award of attorneys fees as they relate to responding to the two other attorneys' motion to disqualify the Bailey and Glasser law firm and the omnibus renewed motion to file documents under seal. The court holds in abeyance determining the amount until detailed bills are submitted, which are to be provided within 10 days.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: February 5, 2024, Case #: 2:22cv604, NOS: Other Contract - Contract, Categories: Business Practices, Attorney Fees, Contract
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J. Eifert holds in abeyance the university's motion for a protective order for the upcoming deposition of the university's president in a student's sex discrimination suit. The student claimed the university hastily closed its Title IX investigation into her allegation that her then-boyfriend sexually assaulted her but charged her with a violation of the Student Code of Conduct for underage drinking. The court finds that a ruling on the university's motion is premature until the president has been deposed, and the student still believes he "has unique personal knowledge relevant to this case."
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: January 31, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Copenhaver grants the financial services company's motion for summary judgment in the homeowner's petition to quiet title over a reverse mortgage he signed personally, and as attorney-in-fact of his mother in 2017, finding since the homeowner knew what he was signing, he cannot effectuate his right of rescission without tendering the loan proceeds, plus the current value of the home, to the lender. The court sets for trial the remaining issue of the lender's dispute on the timeliness of the homeowner's rescission notices.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: January 17, 2024, Case #: 2:17cv3857, NOS: Other Contract - Contract, Categories: Housing, Business Practices, Banking / Lending
J. Chambers grants in part the motions to dismiss by the City of Huntington, Cabell County Commission, Cabell County Emergency Medical Services, and Cabell County Sheriff Chuck Zerkle from a Huntington couple's suit brought as executors of their daughter's estate. The couple claimed first responders violated the daughter's civil rights when they refused to have her evaluated after expressing thoughts of suicide, which she acted on later that day. After finding the couple failed to provide any facts as to how any of the defendants violated her rights to due process, the City's motion is granted on the other counts of state constitutional violations, tort of outrage and reckless infliction of emotional distress, ordinary and/or professional negligence, and disability discrimination under both the West Virginia Human Rights and the American's with Disabilities acts since they owed the daughter no "special relationship." While dismissing the Commission and CCEMS from the state law and constitutional claims, the couple have provided enough plausible facts to demonstrate Zerkle's policy of not responding to mental hygiene calls on Sundays discriminates against those with mental Illnesses.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: December 21, 2023, Case #: 3:23cv13, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Government
J. Berger grants the West Virginia Secretary of State's and the West Virginia Republican Party's motions to dismiss the Texas tax attorney and Republican presidential candidate's challenge to former President Donald J. Trump's placement on the 2024 West Virginia primary ballot. Since "he is not actually campaigning for the Republican nomination for President, he has no concrete and particularized competitive injury based on former President Trump's appearance on the ballot." Thus, the Texas tax attorney lacks standing and the case is dismissed.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: December 21, 2023, Case #: 2:23cv598, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Government, Jurisdiction
J. Berger grants in part the Summers County Sheriff's deputy's motion for summary judgment in the civil rights suit accusing him and two West Virginia State troopers of unlawfully entering an elderly Pence Spring woman's home in the course of executing an arrest warrant on her son, then using excessive force to restrain and arrest her. The deputy is entitled to qualified immunity on the count of unlawful entry since he did not accompany the troopers to serve the warrant, and, upon arriving after they began to subdue the woman, entered the home when one of the troopers claimed she assaulted him.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: December 21, 2023, Case #: 2:22cv148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Johnston grants the Parkersburg mayor, its former police chief and various city officials' motion for summary judgment in the small vehicle repair shop owner's suit claiming they violated his civil rights through a series of citations and arrests related to the operation of his business to impugn his credibility as a write-in candidate for mayor. The arrests made of the repair shop owner were reasonable since they were done during the city’s enforcement of an order it received in Wood County Circuit Court compelling him to clean up an adjacent lot where he kept cars awaiting repair. Since the city officials did not violate any of the repair shop owner's constitutional rights, the court dismisses his state law claims of abuse of process, battery and tortious interference with a business relationship.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: December 19, 2023, Case #: 2:20cv583, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Vehicle
J. Copenhaver grants in part the coalition's motion for an award of attorney fees and costs in its suit challenging the constitutionality of the 2018 "Parking Lot" amendments to the West Virginia Business Professional Liability Act that prohibits property owners from banning firearms on the parking lots of their premises. Following the Sept. 1 opinion finding the Inquiry and Take-No-Action provisions of the amendments "facially violate the First Amendment’s guarantee of free speech," the Coalition is entitled to receive a total of $85,476 in attorney fees and in costs and expenses.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: December 11, 2023, Case #: 2: 19cv434, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, Attorney Fees
J. Volk denies the West Virginia State trooper's motion for summary judgment in the assistant basketball coach's civil rights suit claiming the trooper used excessive force in wrongfully arresting him during the match between the Woodrow Wilson and Greenbrier East girls' teams, when the coach during a timeout attempted to alert the administration of the home crowd's unruly behavior, including the use of racial epithets. The trooper is not entitled to qualified immunity as "no reasonable officer would have believed it necessary under the circumstances to so forcefully push a nonviolent, nonthreatening, compliant, 6’2” tall, 210-pound male in a manner capable of producing broken bones."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: December 1, 2023, Case #: 5:22cv59, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Government
[Consolidated.] J. Chambers grants the former Cabell County Clerk's motion to dismiss civil rights suits claiming the failure of both her office and the Cabell County Commission to have an accurate map of magisterial districts in place by the filing deadline of the 2022 primary election resulted in candidates' removal from the ballot. In addition to the candidates' failure to provide any facts that the magisterial district in which they were running was hastily redrawn as " 'a subterfuge from eliminating [them] from the ballot'", the former clerk did not violate their rights to due process since they "do not have a property or liberty interest in any political or elected office."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: November 29, 2023, Case #: 3:23cv129, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Government
J. Johnston grants the parent mining company's motion to dismiss it from the roof bolter's personal injury suit, finding aside from referencing in his amended complaint it is the "controller" of the mine, he makes "no mention of whether Arch had any involvement in monitoring
or inspecting the aspects of Mountaineer II Mine that allegedly contributed to [his] injury."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: November 29, 2023, Case #: 2:23cv316, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Energy, Negligence, Business Practices
J. Berger denies in part the transportation company's motion to dismiss the estate's claim of its liability in a "road rage" incident, where one of its drivers shot and killed a motorist, when the motorist confronted the truck driver after cutting him off at a highway intersection in Mingo County. While the estate has not pled sufficient facts of negligence or gross negligence on the company's behalf, it has plausibly argued a claim for vicarious liability based on the employer-employee relationship with the truck driver, and his possession of a loaded firearm while driving.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: November 16, 2023, Case #: 2:23cv236, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Transportation, Negligence, Wrongful Death
J. Johnston grants in part the West Virginia Public Service Commission police officer's motion for summary judgment in the estate's claims he violated a man's civil rights when he failed to render aid after a Mingo County deputy sheriff shot the man in the presence of his parents after the man evaded capture by another deputy. The WVPSC officer owed the decedent no affirmative duty of care since he was not in his custody at the time of the detention and subsequent shooting, but a jury could determine the officer acted recklessly when he pulled the decedent's father away from him when he attempted to protect his son from further harm. Additionally, the three commissioners' motion for summary judgment is granted, because the estate's Monell claim fails since it applies only to municipalities and not public officials.
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: November 15, 2023, Case #: 2:22cv247, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Wrongful Death
J. Volk grants the broadcasting company's motion for summary judgment in the former advertising executive's suit claiming disability discrimination and retaliatory discharge. The executive sued after the company terminated her employment after being on leave for the birth of her twins, then to recuperate for damage to her ureter when the babies were delivered via C-Section. There is no connection between the executive taking leave under the Family and Medical Leave Act and her later termination since the company not only allowed her to take FMLA leave "when she wanted and without issue," but also gave her an additional 12 weeks of leave once her FMLA leave expired.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: November 7, 2023, Case #: 5:22cv396, NOS: Employment - Civil Rights, Categories: Communications, Business Practices, Employment Retaliation
J. Copenhaver grants the telecommunications service provider's motion to partially vacate his order granting the technology solutions company's motion for summary judgment as to liability on Count VII of its qui tam suit. The company accused the service provider of defrauding the federal government through approval of its grant application to build an open-access, middle-mile broadband internet network in West Virginia with funds from the American Recovery and Reinvestment Act’s Broadband Technology Opportunities Program. Since a settlement was reached prior to trial in December, vacatur is warranted since "Frontier stands to suffer the material reputational consequences of False Claims Act liability upon a tiny fraction of the case to the same degree as if it had been liable for the case in its entirety."
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: November 7, 2023, Case #: 2:14cv15947, NOS: False Claims Act - Torts - Personal Injury, Categories: Communications, False Claims, Technology
J. Chambers, on remand from the U.S. 4th Circuit Court of Appeals, awards $343,871 in attorney fees and costs to the automotive dealer for the work "necessary to obtain payment of the insurance proceeds" following a settlement reached prior to trial in the dealer's breach of contract claim against its insurance carrier for denying coverage for the fraudulent purchase of a car.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: November 1, 2023, Case #: 3:19cv477, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees, Contract
J. Faber grants the debt collection agency's motion for summary judgment in the student's suit alleging violations of the West Virginia Consumer Credit and Protection Act by the manner in which it and two subcontractors attempted to collect on her defaulted student loans. A July 12, 2019, letter sent to her that included "fees and costs" associated with collecting the debt was not deceitful since it had the approval of the U.S. Department of Education.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: October 31, 2023, Case #: 1:21cv21, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Business Practices, Class Action
J. Copenhaver grants the government's motion to dismiss the insurance company's petition under Rule 6(e) of Federal Rules of Criminal Procedure to disclose the grand jury transcripts in the criminal case against the company's former bookkeeper convicted in 2021 for embezzlement. The company sought the disclosure of the documents to aid its defense of not only an action by the Internal Revenue Service for unpaid taxes, but also a civil suit in state court by an amusement company that also was victimized by the former bookkeeper. The company has not provided specifics on how release of the transcripts could "potentially" benefit it in its defense of the amusement company's civil suit.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 26, 2023, Case #: 2:23mc128, NOS: Miscellaneous Cases - Other Suits, Categories: Civil Procedure, Government, Business Practices
J. Berger denies the equipment repair and manufacturing company's preliminary injunction to stop a former employee who started a competing company from using confidential information he obtained to reverse engineer decanter centrifuges, conducting business with its existing clients, and soliciting employees. The company cannot establish a "clear showing" of "irreparable harm" by the former employee's use of the equipment drawings in his business.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: October 13, 2023, Case #: 2:23cv440, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Business Practices, Injunction
J. Copenhaver grants the law firm's motion for summary judgment in the medical supply company's breach of contract suit against it and their client - a medical products distributor - for unauthorized disbursement of the lion's share of a $364,000 cashier's check that was to be held in escrow for payment of personal protective equipment. There is no genuine issue of material fact that the contract was between the company and the distributor, and the law firm was only acting as the distributor's agent.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 5, 2023, Case #: 2:21cv400, NOS: Other Contract - Contract, Categories: Business Practices, Covid-19, Contract
J. Chambers grants the Barboursville motel’s renewed motion to dismiss a Georgia man’s suit claiming he sustained permanent and disabling injuries on Sept. 29, 2020, when during a dive excursion at Coco View Resorts in Honduras he was struck by the propeller of one of the motel’s ships it has docked at the resort. After giving the parties a 90-day period to conduct limited discovery following the filing of an amended complaint, the court finds, despite some evidence of a business relationship, the man can’t show the motel and the resort are one in the same.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: October 4, 2023, Case #: 3:22cv417, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Tort, Business Practices
J. Goodwin grants in part the respective motions for summary judgment in the environmental groups’ suit against the mining company for its violation of Clean Water and the Surface Mining Control and Reclamation acts through the discharge of pollutants without a permit in Kanawha County. The court declares the company violated the acts by discharging pollutants without a permit from Nov. 26, 2021, to April 14 at Rush Creek Surface Mine No. 2, and failing to satisfy the reporting requirements of its permit at Rush Creek Surface Mine from November 2021 through November 2022. Since the company is currently in compliance with all of its permits, the groups' motion for injunctive relief to halt mining operations is denied, while a determination on the extent of the company's violations is held in abeyance.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 4, 2023, Case #: 2:22cv367, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Water