Case law

King v. Heffernan

214 W. Va. 835 · West Virginia Supreme Court · Dec 3, 2003

Under the 1998 amendments to Rule 15(c)(3) of the West Virginia Rules of Civil Procedure, before a plaintiff may amend a complaint to add a new defendant, it must be established that the newly-added defendant (1) received … Clearly, the purpose behind the exclusivity of W.Va.Code § 14-2-2’s requirement that lawsuits against the governor, other state officers or state agencies be brought in the Circuit Court of Kana-wha County, the circuit court

Saundra J. v. Robert S.

West Virginia Supreme Court · Feb 15, 2019

The family court held a status conference in January of 2017.2 The family court reasoned that no further litigation was necessary in the matter because the prior order established a parenting plan and set forth respondent … “To determine whether a state qualifies as a child’s ‘home state’ for purposes of determining initial jurisdiction under W. Va.

State v. Cook

175 W. Va. 185 · West Virginia Supreme Court · Jul 15, 1985

Unquestionably, the evidence submitted clearly demonstrated the appellant’s intellectual deficiency. … He cannot reasonably claim that the Fifth Amendment gives him not only this choice but, if he elects to testify, an immunity from cross-examination on the *196 matters he has himself put in dispute.

Slater v. Varney

68 S.E.2d 757 · West Virginia Supreme Court · Feb 18, 1952

shall be eligible to the Legislature or to any office of honor, trust, or profit in this State, until he shall have duly accounted for and paid over such money according to law, when read and considered together, indicate clearly … Clearly it provides only a conditional ineligibility of a contestee, who has received a majority of the votes cast in an election, to hold office.

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

So, that allegation clearly survives the Commission’s Rule 12(b)(6) motion. … 21 And second, the majority, without seeking guidance from the parties, goes on to decide the issue that it specifically found was not before us, and confidently decrees that even if the Commission qualifies

State v. Muncey

102 W. Va. 462 · West Virginia Supreme Court · Nov 9, 1926

By this order the clerk of said court was directed to draw and select from the grand jury list sixteen qualified grand jurors to attend on the day set. … The act complained of here was of such character as clearly tended to excite suspicion and thus bring reproach upon the administration of justice.

City of New Martinsville v. Public Service Commission

229 W. Va. 353 · West Virginia Supreme Court · Jun 11, 2012

This Court has long held that, “[a] statute is presumed to operate prospectively unless the intent that it shall operate retroactively is clearly expressed by its terms or is necessarily implied from the language of the statute … The purchase prices for the Hannibal and Morgantown projects were arrived out of negotiations between the parties; the Grant Town purchase price was established by the Commission. .

Lawrence v. Nelson

145 W. Va. 134 · West Virginia Supreme Court · Mar 14, 1960

This question is clearly answered in the case of Gilbert v. Ice Cream Co., supra, with facts quite similar to those in the case at bar concerning the cause of the accident. … This is clearly shown in the evidence with regard to the fracture and displacement of the pelvis, fractures of four vertebrae, severe cuts and long scars on the legs or knees.

Owens-Illinois Glass Company v. Battle

151 W. Va. 655 · West Virginia Supreme Court · Jun 6, 1967

The business and occupation tax and the rates thereof are established by the provisions of Article 13 of Chapter 11, Code, 1931, as amended. … But in specifying the gross sale price as a basis for determination of the “value of the articles produced,” the statute qualifies such provision by use of the words, “except as otherwise provided”.

In Re K.H.

235 W. Va. 254 · West Virginia Supreme Court · Apr 10, 2015

On November 6, 2008, the father filed a petition to establish custodial responsibility for the child. … Upon review of the record, this Court finds that the family court clearly erred.

Surrillo v. Drilake Farms, Inc.

186 W. Va. 105 · West Virginia Supreme Court · Nov 1, 1991

The federal government, however, permits the hiring of such workers only if qualified citizens of the United States are not available for such employment. … The only issue in this case is whether the defendants had sufficient contacts with Puerto Rico to establish personal jurisdiction.

In re: S.M. & K.M.

West Virginia Supreme Court · Nov 23, 2015

Under that protection plan, petitioner agreed (1) to attend the requisite classes necessary for her to qualify for certain governmental assistance, (2) to attend substance abuse treatment, and (3) not to permit 1 … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Daniels v. McCulloch

168 W. Va. 740 · West Virginia Supreme Court · Dec 18, 1981

After a careful review of the record we cannot say that the court’s findings of fact on this issue were clearly wrong. Hence under the standard set down in Hall v. … In this case the Commission should now establish rules and regulations before it holds another promotional examination.

In re B.J. and A.J.

West Virginia Supreme Court · Mar 7, 2023

The court denied the motion, finding that petitioner did not qualify for a post- adjudicatory improvement period as he failed to acknowledge any wrongdoing. … Rule 8 of the Rules of Procedure for Child Abuse and Neglect Proceedings establishes “a rebuttable presumption that the potential psychological harm to the child outweighs the necessity of the child’s testimony.”

State ex rel. Thompson v. Ballard

229 W. Va. 263 · West Virginia Supreme Court · Jun 13, 2012

We have held that: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Weisiger to be viewed by the jury as expert testimony and to allow her to give expert opinions when she was not academically or otherwise qualified to give such testimony; (3) The circuit court committed reversible and prejudicial

Polan v. Travelers Insurance Company

156 W. Va. 250 · West Virginia Supreme Court · Nov 14, 1972

Polan, qualified under the policy, would be entitled to $3,000.00. The following provisions of the subject group insurance policy are brought into question on this appeal: “SECTION 1. EMPLOYEES TO BE INSURED: “A. … This case involves a time within which an act is to be done and is clearly distinguishable from the instant case.

Slivka v. Camden-Clark Memorial Hospital

215 W. Va. 109 · West Virginia Supreme Court · Mar 29, 2004

The BFOQ provision of the Act clearly does not direct otherwise. … The actual privacy concerns of patients is not clearly established by such vague testimony. For example, the patients objections can be viewed in more than one way.

The Board of Education of the County of Wyoming v. Mary Dawson

West Virginia Supreme Court · Nov 8, 2023

Board has held that: Extracurricular assignments must be made on the basis of seniority, qualifications and evaluation of past service; however, in order for an employee to be qualified … Both the grievance board and the circuit court were clearly wrong in their determinations.

State Ex Rel. Ritchie v. Triplett

160 W. Va. 599 · West Virginia Supreme Court · Jul 26, 1977

Clearly, the 1974 amendment to W. Va. Code, 14-2-1, was not designed for this purpose alone. Prior to the 1974 amendment, W. Va. … “This section shall apply only to such proceedings as are not prohibited by the constitutional immunity of the State from suit under section 35, article VI of the Constitution of the State.”

STATE EX REL. MASSACHUSETTS MUT. LIFE INS. v. Sanders

724 S.E.2d 353 · 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 … The Respondents claim that in order to make this transfer, MassMutual had to represent that the annuity was coming *357 from a qualified tax plan into another qualified tax plan.