Case law

Vaughan v. Memorial Hospital

103 W. Va. 156 · West Virginia Supreme Court · Feb 8, 1927

In either case the standard must be established by the testimony of experts. In Jackson v. Burnham, supra, the court, by Mr. … If no standard was established by the testimony of physicians, then the jury has no standard.

Herring v. Lee

22 W. Va. 661 · West Virginia Supreme Court · Nov 24, 1883

Sommerville was appointed and qualified as deputy for E. G. … These definitions clearly show that there must be an officer or principal in existence and capable of acting for himself at the time the deputy or agent is acting for him.

In Re: L.W., R.W. and I.H.

West Virginia Supreme Court · Jan 17, 2014

These findings shall not be set aside by a reviewing court unless clearly erroneous. … This Court reminds the circuit court of its duty to establish permanency for the child.

In Re: Adoption of J.B. and B.B.

West Virginia Supreme Court · May 23, 2016

On appeal, petitioner argues that the circuit court’s factual findings and conclusions of law were clearly erroneous. … After the guardian answered the question, petitioner’s guardian clearly stated “[t]hat’s all, Your Honor.”

Phillip D. Tice v. John S. Veach

West Virginia Supreme Court · Mar 3, 2021

Veach had established the elements of a prescriptive easement. … Veach offered the testimony of Terry Reed, Esq., 7 qualified by the court as an expert in real estate law; Donald Teter, qualified by the court as an expert in land surveying; Richard Rosencrantz, Mr.

State Ex Rel. Spiker v. West Virginia Racing Commission

135 W. Va. 512 · West Virginia Supreme Court · Mar 1, 1951

He is also a breeder of thoroughbred race horses and operates and maintains, upon a farm in Berkeley County, West Virginia, an establishment of that character. … We cannot assent to the proposition that the privileges and immunities of citizens of the United States, under the Fourteenth Amendment to the Constitution of the United States, or otherwise, shall be so far extended as to

In re B.V., W.V.-1, L.V., N.R., E.O.-R., E.R., and S.V. and In re B.V., W.V.-1, L.V., N.R., E.O.-R., E.R., and S.V.

West Virginia Supreme Court · Apr 4, 2023

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Hunt v. Mounts

101 W. Va. 205 · West Virginia Supreme Court · Mar 23, 1926

Keeping' in view these principles Rave tRe plaintiffs established all the essential requisites necessary to make out a prima facie case in this action? … Here the evidence clearly shows that Florence Hunt and Fielding Hunt would be entitled to their undivided interest therein.

Adkins v. INCO Alloys International Inc.

187 W. Va. 219 · West Virginia Supreme Court · Apr 22, 1992

The job would be awarded to the qualified inspector with the most seniority. If an inspector’s job was eliminated, he could “bump” a less senior inspector and take the latter’s job. … Harsco Corp., 184 W.Va. 734 , 403 S.E.2d 751 (1991), we recognized that an implied contract of employment must be clearly proved.

Hammond v. West Virginia Department of Transportation

229 W. Va. 108 · West Virginia Supreme Court · May 9, 2012

As the evidence in this case clearly established, conditions vary in the various districts and counties. … A careful review of the facts in this case clearly establishes that the appellants presented sufficient evidence to show that they were similarly situated with District 5 workers and were, therefore, entitled to be compensated

Adkins v. Gatson

192 W. Va. 561 · West Virginia Supreme Court · Dec 21, 1994

statute, this Court has observed that the findings of fact of the Board of Review of the West Virginia Department of Employment Security are entitled to substantial deference unless a reviewing court believes the findings are clearly … We hold that the appellant has failed to establish a continuing employment contract under any theory that would qualify as an exception to the statute.

Taylor v. State Workmen's Compensation Commissioner

152 W. Va. 609 · West Virginia Supreme Court · Feb 4, 1969

This language in counsel’s letter and in the claimant’s application for a reopening clearly indicates that the claimant and his counsel were of the opinion that the claimant had a period of three years from the date of “the … The legislature, if it had deemed it wise or expedient to do so, could have qualified the one-year statutory limitation on the commissioner’s jurisdiction or could have provided that the one-year period of limitation would

State v. Rogers

209 W. Va. 348 · West Virginia Supreme Court · May 14, 2001

“The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. … There can be no question that money qualifies as property which is clearly a proper “subject of larceny.” W. Va.Code § 61-3-24(a)(l).

State Ex Rel. Strickland v. Daniels

173 W. Va. 576 · West Virginia Supreme Court · Jul 12, 1984

The legislature has established a summary eviction proceeding for landlords in W. Va. … The first three tests posit situations in which compulsory counterclaims should clearly be mandated. It is the established law in this jurisdiction that: Under the express terms of W.Va.

Barbara Chamberlain v. Wexford Health Sources

West Virginia Supreme Court · Nov 8, 2013

Petitioner and the other nurses did not feel qualified to mix the insulin as ordered by Respondent Tenney and they refused. … Moreover, [t]he term “substantial public policy” implies that the policy principle will be clearly recognized simply because it is substantial.

State Ex Rel. Van Nguyen v. Berger

199 W. Va. 71 · West Virginia Supreme Court · Feb 11, 1997

If the Legislature intends to alter or supersede the common law, it must do so clearly and without equivocation. … Wise, 370 U.S. 405, 409 , 82 S.Ct. 1354, 1357 , 8 L.Ed.2d 590 (1962) (“No intent to exculpate a corporate officer who violates the law is to be imputed to Congress without clear compulsion; else the fines established ...

State Ex Rel. Mountaineer Park, Inc. v. Polan

190 W. Va. 276 · West Virginia Supreme Court · Oct 28, 1993

The legislature in subsequent legislation could, of course, amend this statute to clearly state that video gambling devices are part of the lottery system. … Arm. § 12-21-2738 (1993) provides that the cash payouts authorized by Section 16-19-60 ... relating to coin-operated devices may only be continued in any county in South Carolina after June 30, 1995, if a majority of the qualified

West Virginia Investment Management Board v. Variable Annuity Life Insurance

234 W. Va. 469 · West Virginia Supreme Court · Nov 14, 2014

“The fiduciary duty of the Consolidated Public Retirement Board established by W.Va. … That finding is clearly tied to the circuit court’s acceptance of VALIC’s argument that the Board never requested a cash payout under the 1991 Contract.

Riffle v. C.J. Hughes Construction Co.

226 W. Va. 581 · West Virginia Supreme Court · Nov 1, 2010

Here, the circuit court clearly relied on matters outside the pleadings in its order dismissing the Appellant’s claims against Contractors. … As a general matter, West Virginia’s workers’ compensation laws provide statutory immunity for employers from tort actions brought by their employees. Tolliver v.

Williams v. West Virginia Board of Examiners for Registered Professional Nurses

215 W. Va. 237 · West Virginia Supreme Court · Jun 24, 2004

practice, including, but not limited to standards established by a national professional nursing organization, nursing research, nursing education, or the board; failing to adhere to established standards in the practice … Estel fabricated any evidence for the purpose of improperly pursuing disciplinary action against Appellant; to the contrary, the record clearly establishes the misconduct at issue. . See supra note 15. .