Case law

Lawhead v. Garlow

114 W. Va. 175 · West Virginia Supreme Court · Oct 10, 1933

Lawhead, was appointed, and duly qualified as receiver of said institution; that an assessment was laid, as provided by statute, upon all the shares of the capital stock of said bank, and upon the respective owners of the … In order to establish the liability of the stockholder for an assessment, it must appear that a substantial portion of the unpaid indebtedness of the bank accrued during the period that such stockholder owned the stock.

Carol King v. West Virginia's Choice, Inc.

234 W. Va. 440 · West Virginia Supreme Court · Nov 7, 2014

In addressing the question posed, the circuit court found that the undisputed evidence established that more than eighty percent of WV Choice’s employees, including Ms. … “Domestic service” employment is clearly governed by the FLSA.

Roberts v. Adkins

191 W. Va. 215 · West Virginia Supreme Court · May 23, 1994

The term ‘substantial public policy5 implies that the policy principle will be clearly recognized simply because it is substantial. … West Virginia Code § 47-18-4 prohibits the establishment, maintenance or use of a monopoly- 6 .

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 of West Virginia v. Amanda York

West Virginia Supreme Court · Apr 24, 2015

To establish that a defendant served as an accomplice, the State must prove that the defendant “in some sort associate[d] himself with the venture, that he participate[d] in it as something that he wishe[d] to bring about … Based on this claim, petitioner argues that she was likewise immune from prosecution for conspiracy to conceal Mr.

Zachary Knotts v. State of West Virginia

West Virginia Supreme Court · Jun 3, 2020

The court shall order a qualified forensic evaluator to conduct a dangerousness evaluation to include dangerousness risk factors to be completed within thirty days of admission to the mental health facility … the following standard: “We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly

Martin v. Smith

25 W. Va. 579 · West Virginia Supreme Court · Apr 11, 1885

His widow qualified as administratrix of his estate, and as such she brought this suit in September, 1879, in the circuit court of Mason county against the heirs and creditors of her intestate, among the latter was the defendant … To establish the parol gift and delivery of said bonds, the plaintiff was examined on her own behalf; it is, therefore, necessary to determine first whether or not she was a competent witness as to that matter.

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.

State Ex Rel. West Virginia Department of Health & Human Resources, Child Support Enforcement Division v. Varney

221 W. Va. 517 · West Virginia Supreme Court · Nov 21, 2007

The court concluded that although the March 20,1992, order “alter[ed] the language” of the January 27, 1992, order, it “does not establish a new decretal amount.” … Under the Act, if the sheriffs department was acting pursuant to an order entered by the mental hygiene commissioner, it would be immune from suit.

Delardas v. County Court of Monongalia County

155 W. Va. 776 · West Virginia Supreme Court · Feb 22, 1972

This section provides that each of the county officials therein mentioned “shall participate in the programs established under this section.” … We are of the opinion that the Springer case is clearly distinguishable from the instant case.

State Ex Rel. Kitchen v. Painter

226 W. Va. 278 · West Virginia Supreme Court · Jun 7, 2010

Third, absent the prosecutor’s remark, there was more than sufficient competent evidence to establish the appellant’s guilt. … Clearly, counsel's decision to not present character evidence obviated any need for a bifurcated trial. 12 .

Burton v. Burton

223 W. Va. 191 · West Virginia Supreme Court · Nov 19, 2008

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. … Hadley, 188 W.Va. 197 , 423 5.E.2d 600 (1992), as follows: “A motion which would otherwise qualify as a Rule 59(e) motion that is not filed and served within ten days of the entry of judgment is a Rule 60(b) motion regardless

Yasser Abdelhaq v. Ralph Terry, Superintendent

West Virginia Supreme Court · Nov 21, 2018

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … This Court has held that [i]n the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State v. Garner

128 S.E.2d 185 · West Virginia Supreme Court · Nov 19, 1962

This interpretation is clearly supported by the first paragraph of the statute, which provides for the governing body to submit such question by an ordinance, but it prohibits the governing body from submitting the same question … This Court has stated that such clear legal right "cannot be established in the proceeding itself, but must exist when *191 the proceeding is instituted." State ex rel. Jarrell v.

Broderick v. Broderick

28 W. Va. 378 · West Virginia Supreme Court · Sep 18, 1886

therein, worth between $3,000.00 and $4,000.00 and oí personal property not exceeding $50.00-His will was admitted to probate, and his brother, Michael Broderick the executor therein named, was on October 9, 1878, duly qualified … the litigation of this account was entitled to a trial by a jury, of which he was deprived by the action of the circuit court, which as to this branch of the case had no jurisdiction, until after the appellee had first established

Savarese v. Allstate Insurance

223 W. Va. 119 · West Virginia Supreme Court · Dec 30, 2008

Crown Equipment Corporation, 219 W.Va. 347 , 633 S.E.2d 292 (2006), we held, in syllabus point 2, that “[ujnder the Privileges and Immunities Clause of the United States Constitution, Art. … Pursuant to West Virginia Code § 56-1-1 (c) (2003), a nonresident plaintiff must establish that all or a substantial part of the acts giving rise to his or her claims occurred in West Virginia in order to establish that venue

David Ballard, Warden v. Richard Lee Hunt, Jr.

235 W. Va. 100 · West Virginia Supreme Court · Apr 9, 2015

Davis, Annotation, Admissibility, in Prosecution for Sexual Offense, of Evidence of Other Similar Offenses, 77 A.L.R.2d 841 (1961). 6 Edward Charles L. clearly establishes that a lustful disposition may be shown by collate … The evidence of the State overwhelmingly established Hunt’s guilt of the crimes charged.

In re K.R.

229 W. Va. 733 · West Virginia Supreme Court · Nov 20, 2012

child will not be disturbed on appeal unless that discretion has been abused; however, where the trial court’s ruling does not reflect a discretionary decision but is based upon an erroneous application of the law and is clearly … By interpreting “home state” to cast a wider net to capture a “home state” qualifier, the purpose of prioritizing home state status is served.

Weinstein v. West Virginia Board of Law Examiners

183 W. Va. 158 · West Virginia Supreme Court · Jun 14, 1990

Rule 4.0(b), however, clearly establishes the date of application as the point at which the Board’s inquiry commences. … The reciprocity rule clearly contemplates consideration only of the applicant’s active practice in another state.

Oakley v. Gainer

175 W. Va. 115 · West Virginia Supreme Court · May 31, 1985

The term “employee,” as noted, is clearly defined in the Public Employees Insurance Acts as “including public officials.” … Furthermore, the extended insurance benefits provision clearly covers any “participating employee.”