Case law

State ex rel. Bowser v. Hill

209 W. Va. 526 · West Virginia Supreme Court · Apr 30, 2001

Berry clearly established his unwillingness to have the property allotted to the Bowsers. … Assuming, without deciding, that the Bowsers did not waive their right to allotment, they had only a qualified right, not an absolute right, to allotment.

State of West Virginia v. A.D.

West Virginia Supreme Court · Nov 22, 2019

, factually qualified for a less than 15 grams under 401(c).” … The reporter’s notes to the model act indicate that individuals who qualify for consideration under Section 407 “are either casual drug users or experimenters[.]”

Carl Carmichael v. Enerfab, Inc.

West Virginia Supreme Court · Nov 20, 2015

Glenville State Coll., 189 W.Va. 546, 433 S.E.2d 49 (1993). 3 Petitioner asserts that he is a qualified person with a disability because he has a degenerative cervical disc disease and because he has carpal … The evidence in the record before this Court clearly establishes that all employees were asked to inform respondent if they used medication that “would impair [their] ability to work safely or would show up on a drug test

Ramey v. State Compensation Commissioner

150 W. Va. 402 · West Virginia Supreme Court · Feb 15, 1966

Thereupon the witness qualified his previous testimony in relation to the subject of processing such claims. *408 After the ruling of compensability was made by the commissioner on September 6, 1963, the employer appealed … While this Court is required to give weight to findings of fact made by the workmen’s compensation appeal board, such findings will be reversed if not supported by the evidence and if they are, for that reason, clearly wrong

Scott B. v. Ralph Terry, Acting Warden

West Virginia Supreme Court · Jan 8, 2018

Petitioner clearly had established a level of familiarity with G.H. Jr. that allowed for them to be together on petitioner’s property hunting and playing during which the sexual abuse took place. … Petitioner established a routine with G.H. Jr. whereby he had temporary physical custody of the child during the times that he sexually abused him.

City of Philippi v. Weaver

208 W. Va. 346 · West Virginia Supreme Court · Dec 13, 2000

Utilization of the July 14, 1999, order to establish the appellate time constraints would be a inappropriate. [2] III. … The rule in West Virginia is that parties must speak clearly in the circuit court[,] on pain that, if they forget their lines, they will likely be bound forever to hold their peace....

Luis B. v. Linda B.

West Virginia Supreme Court · Apr 7, 2017

employer made the contribution ten months after the date of the parties’ separation, and though petitioner was 3 required to be employed on the last day of the year to qualify … Code § 48–13–701 (“The guidelines in child support awards apply as a rebuttable presumption to all child support orders established or modified in West Virginia.”). Soulsby v.

Luis B. v. Linda B.

West Virginia Supreme Court · Apr 7, 2017

portion of his retirement account contribution, though his employer made the contribution ten months after the date of the parties’ separation, and though petitioner was required to be employed on the last day of the year to qualify … Code § 48–13–701 (“The guidelines in child support awards apply as a rebuttable presumption to all child support orders established or modified in West Virginia.”). Soulsby v.

Webster County Board of Education v. Davis

West Virginia Supreme Court · Mar 26, 2021

To qualify for an ECCAT class title, a school service employee must meet certain requirements that are not necessary to hold the class title of Aide. … seniority for Aide and ECCAT class titles accrue independently from each other for purposes of a reduction in force, regardless of which level of ECCAT classification is held, and regardless of whether an ECCAT employee qualifies

Kanawha Co. Public Library Bd. v. Board of Education of the County of Kanawha

231 W. Va. 386 · West Virginia Supreme Court · Feb 22, 2013

Certainly nothing in our precedents would suggest that such an act of the Legislature would somehow be immune from equal protection scrutiny, to the extent such an act creates the critical “lack of uniformity” in the educational … This characterization did not, however, establish the outer boundaries of the lack of uniformity. .

State of West Virginia v. Donald Dunn

237 W. Va. 155 · West Virginia Supreme Court · Apr 13, 2016

Dunn establish prejudice from the denial of his request for a continuance. See Bush, 163 W. … Joseph was charged, their testimony was relevant in establishing that Mr.

State v. Hardway

182 W. Va. 1 · West Virginia Supreme Court · Jun 16, 1989

(emphasis supplied) Because this juror’s relationship with the prosecutor’s secretary was not “established” until after trial, the appellant never had the opportunity to obtain individual voir dire based on the establishment … Therefore, the appellant’s contention that she was denied effective assistance of counsel is clearly without merit. V.

Webster County Board of Education v. Davis

West Virginia Supreme Court · Mar 26, 2021

To qualify for an ECCAT class title, a school service employee must meet certain requirements that are not necessary to hold the class title of Aide. … seniority for Aide and ECCAT class titles accrue independently from each other for purposes of a reduction in force, regardless of which level of ECCAT classification is held, and regardless of whether an ECCAT employee qualifies

State Ex Rel. Allstate Insurance v. Gaughan

220 W. Va. 113 · West Virginia Supreme Court · Nov 30, 2006

The circuit court then concluded that “while Request No. 5 and Interrogatory No. 10 are burdensome, the discovery requests are not overly burdensome and do not qualify as oppressive.” … Under the factors established in Stephens , Allstate was not entitled to a protective order.

Donnally v. Payne

89 W. Va. 585 · West Virginia Supreme Court · Nov 22, 1921

As the evidence is to be viewed as if it stood upon a demurrer thereto, that of the plaintiff, in the instances of conflict, is to be taken as true, in the absence of something conclusively establishing the contrary. … As the verdict is sustained upon this theory, it is clearly unnecessary to enter upon any inquiry as to the sufficiency of other grounds of liability insisted upon.

Brannon v. Perkey

127 W. Va. 103 · West Virginia Supreme Court · Oct 17, 1944

It is asserted that an ordinance was passed but the passage and present existence of such ordinance is not established. … The provisions of the Charter of the City of Weston hereinabove quoted are without ambiguity, the language is imperative, positive, and unequivocal, and the legislative intent is clearly expressed.

United Fuel Gas Co. v. Public Service Commission

143 W. Va. 33 · West Virginia Supreme Court · Jul 5, 1957

supply of local gas adequate to meet its local demands, and does in fact use such gas as its principal supply for local demands”, upon the testimony of the witness Blundon, one of the consultants to the commission and a qualified … The evidence clearly shows that large quantities of gas produced in Kentucky and in the Southwest through facilities located outside this State are delivered to and used by West Virginia consumers.

Rhoades v. Chesapeake & Ohio Railway Co.

55 L.R.A. 170 · West Virginia Supreme Court · Jun 13, 1901

It also alleges a breach of this contract and so establishes a cause of action. … But this in no way conflicts with what is said in sec. 457, and its utter inapplicability to the case stated in the declaration, as well as to' the terms of the paper, dated April 27th, is clearly apparent.

Point Express, Inc. v. Public Service Commission

148 W. Va. 732 · West Virginia Supreme Court · Jul 7, 1964

A new effective date for filing rules is established thereby.] The rule in question, M. C. … In that case, the Court stated: “The Railway Express Agency is a corporation qualified to transact business in all states.

McDaniel v. Kleiss

202 W. Va. 272 · West Virginia Supreme Court · Jun 12, 1998

In response to the defendant’s argument that the adoption consent was irrevocable, this Court, observing that “the consent for adoption was qualified by the custody agreement,” found the multiple documents comprised a single … In this case, the amount of the judgment was not finally established until the appeal of that judgment was resolved by this Court. McDaniel v. Kleiss, 198 W.Va. 282 , 480 S.E.2d 170 (1996).