39 results for 'judge:"Kleeh"'.
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
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
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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