11 results for 'judge:"Volk"'.
J. Volk grants the deputy state auditor's motion for summary judgment in the deceased woman's civil rights suit. She claimed that her due process rights were violated when the deputy auditor conveyed deeds to two parcels of her property to a man who bought them at sales for unpaid taxes without first conducting an exhaustive search of publicly available records of her current address when prior right-to-redeem notices were returned as unclaimed. The deputy auditor is entitled to qualified immunity since "he could not have been expected to forecast the duty here imposed, which appears nowhere in the statute governing his authority nor decisional law."
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: May 9, 2024, Case #: 1:21cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Property
J. Volk grants the government's motion for summary judgment in 27 former Beckley Veterans Medical Center patients' suits claiming they contracted infectious diseases from the uncredentialed use of acupuncture by Dr. Jonathan Yates. The 27 patients' claims are barred by res judicata since they all previously filed suits against Yates for malpractice and, prior to the government filing responsive pleadings, signed releases from any claims arising from Yates' medical negligence including those "unknown" or "unsuspected."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: April 24, 2024, Case #: 5:23cv243, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Health Care, Medical Malpractice
J. Volk grants the coal miner's post-trial motion to file a retainer agreement under seal, and the order awarding attorneyfees and expenses in the successful class action brought against the two management and three coal companies for violations of the Worker Adjustment and Retraining Notification Act. The companies failed to provide notice to the full-time employees of the Burke Mountain Mine Complex in McDowell County of an impending lay-off of more than 50 employees in October 2019. The court amends its judgment order to include the language "This judgment applies to the 164 miners to whom Rule 23(c)(2) notice was directed, none of whom has requested exclusion, and whom the Court finds to be members of the certified class in this matter" and reflect a total award of $1,738,743, a statutory fee award of $110,992 and $45,593 in expenses, and $15,000 to the miner as class representative service fee, with an order to file an amended notice of class judgment by April 15. Additionally, the court denies the companies' renewed motion for judgment as a matter of law or in the alternative a new trial.
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: March 31, 2024, Case #: 5:20cv165, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action, Labor
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J. Volk grants the insurance company’s and related defendants' joint motion to lift the stay, and for confirmation and enforcement of the Bermuda arbitrator's awards in the human resource firm's breach of contract suit. The firm's argument to deny recognition of the 2023 awards citing the "public-policy defense" from Article V in the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards is unpersuasive since the claim of the arbitrator's lack of impartiality was foreclosed when they failed to appeal to the Bermuda Supreme Court within 30 days of an arbitration panel's decision.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 18, 2024, Case #: 5:18cv1082, NOS: Other Contract - Contract, Categories: Arbitration, Insurance, Contract
J. Volk grants the motions of the recreational vehicle manufacturer and the retail outlet to dismiss the customer's breach of warranty suit claiming the outlet sold him a defective 2022 Cardinal 390 FBX 5th Wheel Camper, with both refusing to cancel his retail installment contract and purchase agreement or refund his money when multiple attempts to repair the RV were unsuccessful. Since the forum-selection clauses the customer signed "are mandatory and thus presumptively enforceable" in either Indiana or Texas, the court grants the motions without prejudice under the doctrine of forum non conveniens.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 13, 2024, Case #: 5:23cv535, NOS: Other Contract - Contract, Categories: Jurisdiction, Warranty, Contract
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
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. 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