43 results for 'court:"USDC Northern District of West Virginia"'.
[Consolidated.] J. Kleeh denies the motion by the named plaintiffs in three separate class actions to consolidate their respective complaints against the hydrocarbon exploration company for breach of contract in royalty payments on oil and gas leases, finding absent the “rigorous” analysis for class certification, the “cases lack the requisite common question of law or fact for consolidation” since “individualized analysis is required for each lease and royalty provision, and each action contains distinct leases and royalty provisions.”
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 27, 2023, Case #: 1:20cv222, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
J. Kleeh grants the supermarket chain's motion to dismiss the former lead store associate's employment discrimination suit claiming the firm terminated her employment on July 1, 2022, after she failed to obtain updated medical information about her ability to work without a cane after being permitted to return to work on light duty following an injury from a fall in the cooler at the Morgantown location on Nov. 17, 2021. The former associate's claim under the West Virginia Human Rights Act fails because she did not plead sufficient facts as to "how the injuries affected her abilities to perform major life activities such that she is disabled."
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 11, 2023, Case #: 1:22cv154, NOS: Family and Medical Leave Act - Labor, Categories: Tort, Business Practices, Employment Discrimination
J. Kleeh grants the employee and dealership's joint motion to approve a settlement in the employee's suit claiming the dealership misclassified her as a salaried employee to avoid paying her overtime. The agreement for the dealership to pay the employee $6,000 in back wages, $6,000 in liquidated damages and $12,000 for her attorney fees and costs to settle the suit is fair and reasonable.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 1, 2023, Case #: 1:21cv80, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Business Practices, Labor
J. Kleeh grants the subsidiary mining company's motion to dismiss it from the non-union miners' class action claiming it, four other subsidiaries and the parent mining companies failed to compensate them for "off-the-clock" and overtime work beginning in April 2018. The non-union miners failed to demonstrate how the subsidiary was their joint employer, so dismissal is proper under both Rules 12(b)(1) and 12(b)(6).
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Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 1, 2023, Case #: 2:21cv8, NOS: Fair Labor Standards Act - Labor, Categories: Corporations, Class Action, Labor
J. Kleeh denies the motion to certify as class action the medical patient's personal injury suit claiming a drug wholesaler, two pharmacies and a medical supply company conspired with a Pennsylvania doctor by paying him to misdiagnose her and other former patients in exchange for referrals to the companies for immunoglobulin therapy. The patient's specific, personal medical experience "is not common, class-wide proof to establish whether other individuals had [chronic inflammatory demyelinating polyneuropathy] or benefitted from IVIG."
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 29, 2023, Case #: 1:19cv73, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Business Practices, Class Action
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J. Kleeh denies the hydrocarbon exploration company's motion for relief from the court's March 30 order denying its motion for summary judgment in the roustabout's suit claiming the negligence of its employees in following safety protocols for "lockout/tagout" resulted in the amputation of his fingers on his right hand. The company "has not established any intervening change in law, a subsequent trial producing different evidence, or clear error of law creating manifest injustice warranting reconsideration."
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 28, 2023, Case #: 1:20cv74, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Energy, Tort, Negligence
J. Kleeh grants the oil and gas exploration company's motion to certify the following questions to the West Virginia Supreme Court in the Pleasants County landowner's suit disputing royalty payments: 1) Is there an implied duty to market for leases containing an in-kind royalty provision? and 2) Do the requirements for the deductions of post-production expenses from Wellman v. Energy Resources, Inc., 557 S.E.2d 254 (W. Va. 2001) and Estate of Tawney v. Columbia Natural Resources, 633 S.E.2d 22 (W. Va. 2006), apply to leases containing an in-kind royalty provision?
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: August 25, 2023, Case #: 1:22cv51, NOS: Other Contract - Contract, Categories: Energy, Business Practices, Contract
J. Kleeh denies the former landsman’s motion for summary judgment in his breach of contract suit against the Texas professional land management limited partnership claiming after contracting with him in 2012 to open and operate its West Virginia office, the managing member defrauded him out of an equity interest in the partnership. The court finds since he failed to demonstrate how Texas had “a more significant relationship to the transaction, the parties, or their business arrangement” the presumption is West Virginia law applies to the landsman’s fraud and unjust enrichment claims since that is where he performed his duties.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 21, 2023, Case #: 1:22cv7, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Kleeh denies a Morgantown couple’s motion to remand their breach of contract suit against the manufactured home company back to Monongalia County Circuit Court, and grants the company’s motion to compel arbitration. The court finds the couple has not been dilatory in identifying “diversity-destroying defendants” to join them to the suit, and the binding dispute resolution the couple signed when they purchased the home is an enforceable contract since they’ve failed to prove how it’s “one-sided, unreasonable and unconscionable.” Further proceedings stayed pending completion of arbitration.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 16, 2023, Case #: 1:22cv112, NOS: Arbitration - Other Suits, Categories: Arbitration, Business Practices, Contract
J. Kleeh grants in part and denies in part the Lewis County Commission and three deputy sheriffs’ motion for summary judgment in a wrongful death suit claiming the deputies contributed to a parolee’s death when, following the parolee’s arrest on an outstanding warrant, they beat and tazed him while he was face-down on the ground. After determining the estate’s seven state clams is just one for wrongful death under different theories of liability, the court finds the deputies’ actions could be interpreted by a jury as “malicious, in bad faith, wanton, or reckless.” In addition to the finding in favor of the county on all the estate’s claims, including a federal Monell claim for the deputies’ possibly unconstitutional actions in violation of local law, custom or policy, the court finds the deputies are entitled to qualified immunity on the estate’s excessive use of force claim, determining it was not clearly established the parolee had a right not be tazed in his encounter with them.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: June 20, 2023, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Kleeh grants two West Virginia University School of Nursing professors and three administrators’ motion to dismiss a nurse’s civil rights suit challenging the school’s academic dishonesty policy on constitutional grounds after she was expelled from its Master of Science program. The court finds the university’s polices clearly put the nurse on notice that using outside sources such as Quizlet to complete an examination would be considered cheating, and she was given adequate process to challenge the dishonesty charge against her.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: May 25, 2023, Case #: 1:22cv65, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Health Care