Case law

Frymier v. Higher Education Policy Commission

221 W. Va. 306 · West Virginia Supreme Court · Oct 12, 2007

Va.Code § 18B-7-1] clearly is applicable only in layoff situations, and would not authorize the Court to grant [Ms. … To interpret this statutory code section, we must first establish the intent of the Legislature in promulgating the statute.

Monongahela Valley Traction Co. v. Windom

78 W. Va. 390 · West Virginia Supreme Court · May 16, 1916

Conceding that the verdict did cover, as part of the award, compensation for loss of lateral support of the residence lot, the contention would seem to ignore the important facts proved and also certain well established legal … These general principles, applicable here, will be found clearly stated and illustrated in 2 Lewis on Em. Dom. §§711, 819, 821; 15 Cyc. €90, 715, 741; Cotts v. Railway Co., 63 W. Va. 41 ; Watts v. Railway Co., 39 W.

Thomson v. McGinnis

195 W. Va. 465 · West Virginia Supreme Court · Dec 15, 1995

However, where the exercise of reasonable diligence would disclose facts demonstrating that the contractor was clearly incompetent for the particular task contemplated, a reasonably prudent broker should not retain the contractor … Stephens was not qualified to inspect furnaces or heating systems. The questions of whether the Appellees created an agency relationship in retaining Mr.

State v. BOARD OF EDUCATION OF COUNTY OF RALEIGH

103 S.E.2d 797 · West Virginia Supreme Court · Jun 3, 1958

It is established herein that, though the charges against petitioners were reduced to writing and filed, they were not actually "entered of record". … Clearly, therefore, the removal order was void, and no vacancy was created by the entry thereof. In Hertzog v. Fox, Mayor, 141 W.Va. 849 , 93 S.E.2d 239 , we held: "1.

State Ex Rel. Tomblin v. Bivens

150 W. Va. 733 · West Virginia Supreme Court · Jul 15, 1966

The principle is well established by the decisions of this Court that by virtue of Section 28, Article 1 (formerly Section 15, Article 4), Chapter 3, Code, 1931, as amended, the county court of every county is authorized … It clearly appears from the record in this proceeding that the petitioners, consisting of a majority of the members and the chairman of the Logan County Democratic Executive Committee, have fully complied with the requirements

State of West Virginia v. Christopher M. Roof

West Virginia Supreme Court · Apr 20, 2021

Specifically, petitioner argued that doubling the minimum sentence for second-degree robbery, from five to ten years in prison, was “disproportionate to the sentencing guidelines established to afford people considerations … We review the decision on the Rule 35 motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes

Good v. Good

39 W. Va. 357 · West Virginia Supreme Court · Apr 11, 1894

The following is the agreed state of facts as set out in plaintiff’s bill of exceptions, to wit: The said Francis Good died intestate about the 14th day of July, 1891 ; that the defendant was duly appointed, qualified, and … Por what reason does not clearly appear, unless it is to protect husbands against the coercive influence of their wives. Creditors were amply protected under the laws then existing.

Rosier v. Garron, Inc.

199 S.E.2d 50 · West Virginia Supreme Court · Sep 14, 1973

A grammatical analysis of the last quoted qualifying provision of Code, 55-7-6, which the reader may prefer to diagram, clearly indicates that the amended section does not apply to actions where the death occurred before … Justice Haden, discussed the right to amend with reference to the presentation of affirmative defenses, and established three criteria: (1) the amendment should permit the presentation of the merits of the action; (2) the

In re M.B. and P.B.

West Virginia Supreme Court · Feb 7, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … of the Rules of Appellate Procedure, we decline to address it on appeal. 5 Petitioner also argues that “no efforts were made to determine if the courses and classes offered to incarcerated persons would qualify

In Re: R.W.

West Virginia Supreme Court · Sep 25, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, this designation qualified her for additional time to comply with services below. The Court, however, does not find this argument compelling.

State ex rel. Department of Health & Human Resources v. Baker

210 W. Va. 213 · West Virginia Supreme Court · Nov 28, 2001

In this ease, the lower court clearly erred in attributing income at the level of $40,000 7 because the necessary statutory elements for relying on Appellant’s prior level of income were not established. See id. C. … It is for the Legislature, and not this Court, to establish the parameters for attributed income. .

Donaldson Mine Co. v. Human Rights Commission

187 W. Va. 631 · West Virginia Supreme Court · Jul 15, 1992

Gregory has indisputably established the first two elements of a pri-ma facie case as outlined in Conaway v. Eastern Associated Coal Corporation, supra. … Gregory was qualified for the positions for which he applied. There is also evidence that he was never disciplined or counseled during his employment.

Adkins v. CSC & PSC

173 W. Va. 89 · West Virginia Supreme Court · Jan 26, 1984

This statute clearly contemplates that the director of personnel of the CSC shall, upon request, afford aggrieved employees, as well as the interested appointing authority, a hearing at which allocation of a position to a … Employees holding provisional appointments under the present system of classified service must qualify for permanent appointments under competitive examination.

State Ex Rel. McKenzie v. Smith

212 W. Va. 288 · West Virginia Supreme Court · Jul 17, 2002

Qualified rehabilitation professionals must utilize the following priorities. … If a lower numbered priority is clearly inappropriate for the injured worker, the next higher numbered priority must be utilized.

State of West Virginia v. Jacob Colby Spradlin

West Virginia Supreme Court · Nov 21, 2014

forensic psychiatrists, or one or more qualified forensic psychologists. … He clearly discussed his current legal dilemma, the roles and duties of courtroom participants and his awareness of possible legal outcomes. . . .

Petros v. Kellas

146 W. Va. 619 · West Virginia Supreme Court · Oct 24, 1961

It must be kept in mind that the constitutional provisions relating to immunity of the State, and its agencies, can not be waived by the Legislature. That immunity is absolute. Hamill v. Koontz, Tax Commissioner, 134 W. … establishes that there is no genuine issue of material fact, summary judgment may be rendered.”

Ramey v. CONTRACTOR ENTERPRISES, INC.

225 W. Va. 424 · West Virginia Supreme Court · Apr 15, 2010

Standard of Review As is clearly established, “[a] circuit court’s entry of summary judgment is reviewed de novo.” Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). … Appellants argument regarding proof of intentional exposure is not clearly articulated.

State Ex Rel. Daily Gazette Company v. Bailey

164 S.E.2d 414 · West Virginia Supreme Court · Nov 19, 1968

Laws pertaining to registration of voters are designed to ascertain the electors who are qualified to cast votes. … It is most relevant that these signers are required by statute to be "legally registered and qualified voters," and that they may subscribe to such certificate only in the magisterial district in which they are qualified

State ex rel. Massachusetts Mutual Life Insurance v. Sanders

228 W. Va. 749 · West Virginia Supreme Court · Feb 24, 2012

The plaintiffs claim the transaction involved fraud and tax fraud. 3 The 412i plan must be established by an employer as the sponsor of the plan and the plan itself is then established as a separate and distinct entity with … The Respondents claim that in order to make this transfer, MassMutual had to represent that the annuity was coming *753 from a qualified tax plan into another qualified tax plan.

Powers-Taylor Drug Co. v. Faulconer

52 W. Va. 581 · West Virginia Supreme Court · Mar 28, 1903

All of this is clearly and effectually negatived and precluded by the evidence in this case. … How far does it qualify the general inhibition of acts by an insolvent debtor? Only to the extent that he may so dispose of paper representing indebtedness due to him.