96 results for 'court:"USDC Southern District of West Virginia"'.
J. Goodwin grants the home loan financing company’s motion for judgment on the pleadings in a Mingo County homeowner’s suit claiming the company financed the deceptive sale of a solar panel system that was not properly installed and provided him no benefit. Absent some details on how it shared in the profits with the now-defunct contractor that installed the solar panels on the home, the court finds the company did not conspire with its partners to conceal the terms of their agreements and could not foresee any potential misconduct by the contractor.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 3, 2023, Case #: 2:23cv84, NOS: Other Contract - Contract, Categories: Energy, Fraud, Contract
J. Goodwin adopts the magistrate judge’s proposed findings and recommendation granting the automobile dealer’s motion to dismiss the suit claiming fraudulent inducement an unfair debt collection after the dealership assigned the security agreement in the retail installment contact on the 2021 Audi Q7 SUV they signed on Aug. 13, 2021, to United Bank. Finding the dealership is not subject to the Fair Debt Collection Practices Act, the court finds it lacks subject matter jurisdiction since the customer’s dispute is one of simple contract and tort law.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: September 29, 2023, Case #: 2:22cv507, NOS: Other Contract - Contract, Categories: Debt Collection, Fiduciary Duty, Jurisdiction
[Consolidated.] J. Copenhaver, following an 18-day bench trial from July 6 through Aug. 3, 2022, finds the chemical and polymer producer violated the Clean Water Act by discharging unpermitted stormwater across adjacent industrial property owned by the management company and into the Davis Creek watershed via shallow ditches and culverts at its technical center in South Charleston.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: September 28, 2023, Case #: 2:18cv1230, NOS: Torts to Land - Real Property, Categories: Environment, Property, Tort
J. Beger denies the Summers County deputy sheriff's motion for summary judgment in the civil rights lawsuit accusing him and a West Virginia State trooper of using excessive force to restrain and arrest a 75-year-old woman when the trooper came to her home on March 31, 2020, to arrest her son on an outstanding warrant. Though not named as a co-defendant until the complaint was amended on July 15, 2022, it was not until the woman's attorney combed through evidence that she was aware the deputy contributed to her injuries.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: September 20, 2023, Case #: 2:22cv148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Elder Abuse
J. Eifert grants in part the former manager's motion to compel discovery responses in her retaliatory discharge suit against the in-home respiratory supplier. The supplier must produce 1) all unsealed False Claims Act complaints filed from March 2, 2017, through January 8, 2021, in federal or state court against the company, and 2) all documents dated on or after January 8, 2021, that reference or include allegations of fraudulent billing regarding a) status updates/checks on CPAP/ventilators that were not performed, b) in-home devices that were not being used, c) unauthorized changes to CPAP/ventilator settings, d) in-home visits or other services not performed, or e) an AffloVest that was not properly fitted, in the greater Huntington, West Virginia-area.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: September 19, 2023, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: Health Care, Discovery, Employment Retaliation
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J. Johnston denies the motion of the transportation company and logistics staffing service to dismiss, sever and transfer venue of the Kentucky man's suit claiming injuries he sustained were caused by his car crashing through a guardrail and going into a deep ravine in an attempt to avoid colliding with the operator of a tractor trailer that performed an abrupt, illegal U-turn in front of him. In addition to the companies having the "minimum contacts" in West Virginia to establish personal jurisdiction, severing the claims and transferring them to another jurisdiction would "fracture the case and create potentially overlapping and contradicting proceedings."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: September 15, 2023, Case #: 2:22cv275, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Jurisdiction
J. Faber denies the company's motion to dismiss its employee's deliberate intent claim in his suit claiming permanent injuries sustained on June 18, 2020, when a 2,200-pound reel of innerduct collapsed on him during an unscheduled delivery at a sub-contractor's facility. The employee sufficiently alleges all the elements to demonstrate the company had actual knowledge of unsafe working conductions at the sub-contactor's facility to survive a motion to dismiss.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: September 1, 2023, Case #: 1:22cv236, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort, Business Practices
J. Goodwin grants West Virginia’s motion to dismiss with prejudice one of the named plaintiffs in the child welfare class action. Since the child - now an adult - was in the custody of the Bureau of Juvenile Services, and not the Department of Health and Human Resources from June through December 2019, he "was not 'a foster child . . . in the foster care custody of DHHR' at the time this class action was filed."
Court: USDC Southern District of West Virginia, Judge: Goodwin , Filed On: September 1, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Class Action
J. Copenhaver grants in part and denies in part the Coalition's motion for summary judgment 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. The Inquiry and Take-No-Action provisions of the amendments "facially violate the First Amendment’s guarantee of free speech," as "the term 'any action against' is not defined, its scope is unknown and serves to chill any comment or conduct," and "property owners may certainly inquire into the presence of a firearm in order to prepare for and provide for the safety of their customers, employees and invitees and do so without intending to banish or discriminate against the possessor." The West Virginia Attorney General is enjoined from further enforcement of two provisions.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 31, 2023, Case #: 2:19cv434, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Firearms
J. Chambers denies, in part, an insurer's motion for summary judgment in a couple's car collision coverage dispute. Questions of fact remain whether the insurer unreasonably delayed making a settlement offer.
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: August 24, 2023, Case #: 3:21cv637, NOS: Insurance - Contract, Categories: Insurance, Business Practices, Contract
J. Chambers denies, in part, the state of West Virginia's motion to dismiss the drug manufacturer's suit challenging the constitutionality of the Unborn Child Protection Act on the grounds the 2022 law restricts the sale of mifepristone, the first in a two-step abortion medication regime. The risk evaluation and mitigation strategy promulgated by the Food and Drug Administration on mifepristone preempts the Act on restricting its prescription via telemedicine.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 24, 2023, Case #: 3:23cv58, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Health Care
J. Goodwin grants in part and denies in part 12 current and former foster care children’s motion for class certification and appointment of class counsel in their civil rights suit challenging “systemic deficiencies” in the state of West Virginia’s child welfare system. Finding the children’s
claims are “tailor-made for class resolution,” the court grants the motion for approval of one general class and one Americans with Disabilities Act subclass, but denies the motion for a kinship subclass. Also, the court appoints seven attorneys, one law firm and two child advocacy groups as class counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: August 17, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Class Action
J. Copenhaver denies the former employee’s motion to file an amended complaint in his age discrimination suit against the automotive parts manufacturer. The court finds since the employee knew on May 4 — the day the manufacturer filed its motion for summary judgment — of another potential claim, the timing of his July 27 motion for leave to amend “would lead to increased litigation costs for defendant and would further delay the resolution of this matter” because it comes only eight days before a pretrial conference and 26 days prior to trial.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 17, 2023, Case #: 2:22cv262, NOS: Other Labor Litigation - Labor, Categories: Discovery, Employment Discrimination, Labor
M.J. Eifert grants in part the contracting services firm and its subsidiary’s motion for sanctions against the former director of marketing for her failure to produce legible text messages and an answer to an interrogatory regarding her absences from work in her sexual harassment suit, finding her “current answers convey an utter lack of effort on her part to collect the information that would allow her to answer.” The court directs the firm to submit an affidavit of reasonable fees and costs associated with its motion by Aug. 31, and orders the former director to respond to the discovery requests by Sept. 14.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: August 15, 2023, Case #: 3:22cv375, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Discovery
J. Goodwin grants the U.S. Army and Air Force secretaries motion to dismiss a West Virginia Air National Guard Master Sergeant’s civil rights suit claiming her superiors at the 130th Airlift Wing denied her a position as a human resource development specialist because she is gender non-conforming and lesbian. Despite being a civilian employee, the court finds the master sergeant’s claims are barred by the intra-military immunity doctrine since she applied and was considered for the position while deployed to Qatar in 2018.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: August 10, 2023, Case #: 2:21cv612, NOS: Employment - Civil Rights, Categories: Civil Rights, Jurisdiction, Military
J. Chambers grants in part and denies in part the motions by the school board and five special education teachers and aides at Huntington High School to dismiss a couple’s civil rights suit claiming school abused and neglected their disabled 15-year-old son by barricading him in a corner, depriving him of food and drink, and leaving him to sit in his urine and feces for extended periods of time. The court dismisses their negligence per se, negligent infliction of emotional distress and intentional spoliation claims because West Virginia law does not support a cause of action for negligence per se, the couple have not pleaded sufficient facts to establish they witnessed the alleged injuries to their son, and the Board is immunity from liability its employees’ intentional acts. The couple’s equal protection, Americans with Disabilities Act, false imprisonment and negligent hiring/retention claims survive.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 3, 2023, Case #: 3;22cv592, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Chambers grants a trans woman’s motion for temporary and preliminary relief compelling the West Virginia Department of Health and Human Resources to carry out its Board of Review’s decision approving three medically necessary surgeries scheduled for September for treatment of her gender dysphoria. Determining it has subject-matter jurisdiction and she is likely to prevail on the merits of her case, the court finds her interest in receiving the surgeries outweighs the state's in appealing the Board's decision to the West Virginia Intermediate Court of Appeals since it is “measured only in money.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 1, 2023, Case #: 3:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Injunction
J. Copenhaver grants the proposed settlement reached between the owners of a Charleston Barbeque restaurant and one of its employees seeking unpaid overtime and minimum wages under the Fair Labor Standards Act. Under the March 23 agreement, the employee will receive an award of $7,500, and his attorney will be reimbursed $402 in court costs and $10,000 in attorneys fees to be paid in monthly installments.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 1, 2023, Case #: 2:22cv111, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Attorney Fees
J. Goodwin grants in part two West Virginia child protective services workers’ motions for summary judgment on a lawsuit brought by a couple saying the workers improperly removed their two grandchildren from their care for five months. Finding there was more than sufficient probable cause to temporarily remove the grandchildren from the home on Sept. 9, 2020, the court dismisses the couple’s federal claims against the workers with prejudice. In choosing not to exercise supplemental jurisdiction on the remaining state tort claims, the court dismisses them without prejudice.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: July 28, 2023, Case #: 2:22cv265, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Guardianship
M.J. Aboulhosn grants and part and denies in part the estates' motions to compel answers to interrogatories and production of documents in the pending class action accusing the senior citizen housing company of not only failing to adequately staff its four facilities in West Virginia, but also of deceptive trade practices. The company is obligated to produce the discovery requests that lend "support for the impending class certification," except for any query that may be confidential, privileged or "merit-based," such as an employee's name, total hours worked, performance evaluations, disciplinary reports and counseling evaluations.
Court: USDC Southern District of West Virginia, Judge: Aboulhosn, Filed On: July 20, 2023, Case #: 5:22cv279, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Elder Abuse, Discovery, Class Action
J. Chambers denies the nonprofit corporation’s motion to dismiss the city’s suit for declaratory judgment that the Fair Housing Act and Americans with Disabilities Act do not exempt the nonprofit’s 14 sober living homes from inspection by the city fire marshal under municipal building and fire codes. The court finds “that a judgment in the case would likely ‘serve a useful purpose’ in settling the issue of whether The Lifehouse may avoid Huntington’s inspections and regulations in totality.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: July 13, 2023, Case #: 3:22cv402, NOS: Housing/Accommodations - Civil Rights, Categories: Municipal Law, Zoning, Housing
J. Copenhaver grants in part and denies in part the motions of a former Wood County sheriff, the county commission and the prosecuting attorney to dismiss the respective claims alleged in a deputy sheriff’s suit for sexual discrimination and retaliation. The court dismisses the deputy sheriff’s Title VII claims against the prosecutor, former sheriffs and the commission in part because she failed to exhaust her administrative remedies when she failed to name them in her complaint with the Equal Opportunity Employment Commission. Finding she has alleged sufficient facts to satisfy all the required elements, the court rules the deputy’s suit may continue against not only the former sheriff on the grounds he created a hostile work environment, but also against him and the commission on a “discrete retaliation” claim because they allegedly acted in concert with the prosecutor to damage her reputation by placing her name on a “bad cop list.”
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: July 12, 2023, Case #: 2:22cv388, NOS: Employment - Civil Rights, Categories: Civil Rights, Immunity, Employment Retaliation
J. Volk denies a senior citizen housing company’s motions to dismiss the second amended complaint and reconsideration of an order denying its motion for judgment on a class action accusing it of failing to adequately staff its four facilities in West Virginia and of deceptive trade practices. The court finds the executrices of two former residents’ estates sufficiently alleged a claim, and the company’s authority and control over all four facilities makes it a de facto “seller” of assisted living services subject to the West Virginia Consumer Credit Protection Act. Absent further discovery, the court leaves the prior ruling undisturbed, but the estates’ claims could proceed under the Act since they are “analogous to claims for fraud and deceit.”
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: July 10, 2023, Case #: 5:22cv579, NOS: Insurance - Contract, Categories: Consumer Law, Wrongful Death, Class Action
MJ. Eifert grants and part and denies in part an education board’s motion to compel a couple to respond to its discovery responses, and grants the couple’s motion to compel the board to respond to theirs in the couple’s suit claiming special education teachers abused and neglected their 15-year-old son. The couple must answer the board’s interrogatories on specific dates and times their son’s classmates were mistreated, when one of the teachers inappropriately touched their son and the extent of the his injuries, but are not required to produce any of theirs or his medical records. The board must produce footage of the boy’s classroom and his whereabout In the building each day he attended school.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: July 6, 2023, Case #: 3:22cv592, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Chambers denies the school garage parts supervisor's motion for summary judgment on the remaining count of civil conspiracy in a couple’s civil rights suit claiming the supervisor improperly influenced sheriff deputies’ investigation into missing parts at the bus garage that resulted in their suspension and arrest for embezzlement. The court finds the supervisor is not entitled to qualified immunity since “it is clearly established beyond debate that government employees may not subject individuals to malicious prosecution, false arrest or imprisonment, or unreasonable searches and seizures.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: July 6, 2023, Case #: 3:20cv423, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity