Case law

Eastburn v. Norfolk & W. R. Co.

34 W. Va. 681 · West Virginia Supreme Court · Feb 7, 1891

instructions to the jury, to single out certain facts, and instruct them, if they are true, they must find for either party in accordance with such facts, when there are other facts in the case, bearing on the subject, tending to establish … This course would clearly have a tendency to mislead the jury.

State Ex Rel. State Building Commission v. Bailey

151 W. Va. 79 · West Virginia Supreme Court · Oct 11, 1966

This inhibition is so well established that it should be known even to the sciolist.” In the well considered case of Book v. State Office Building Commission, 238 Ind. 120 , 149 N. … the elimination of the unconstitutional provision would not broaden the scope of the act and that it could not be said that the Legislature would not have passed it had it known that members of the Legislature were not qualified

State of West Virginia ex rel. West Virginia-American Water Company v. The Honorable Carrie L. Webster, Judge of the Circuit Court of Kanawha County, West Virginia, Richard Jeffries, individually and on behalf of all others similarly situated and Colours Beauty Salon, LLC

West Virginia Supreme Court · Jun 6, 2023

To establish a violation of the statute, respondents are required to prove that WVAWC failed to establish, maintain, or perform service to its facilities, appliances, and devices as is “reasonable, safe and sufficient” … [T]his provision may enable a court to achieve the economies . . . for a portion of a case, the rest of which may . . . not qualify under Rule 23(a)[.]’” 310 F.R.D. at 296 (quoting Manual for Comp.

Radford v. Carwile

13 W. Va. 572 · West Virginia Supreme Court · Apr 19, 1879

I concur with the Chancellor in the opinion, that *592 “upon tile fullest and most attentive examination of the English cases, these positions are clearly made out and established. ” This case was appealed from and decided … The laws, in my apprehension, arc clearly opposed to this distinction; and I am entirely satisfied that the established rule in equity is, that when a feme covert having separate estate enters into an agreement and sufficiently

State v. Hall

171 W. Va. 212 · West Virginia Supreme Court · Dec 2, 1982

“Whether a change of venue is warranted rests in the sound discretion of the trial court, and its ruling thereon will not be disturbed, unless it clearly appears that such discretion has been abused.” … Thus, appellant’s argument that the prosecution failed to establish a prima facie case is without merit.

Rohrbough v. United States Express Co.

50 W. Va. 148 · West Virginia Supreme Court · Nov 23, 1901

L. 398, which allows some latitude to agents of that class and materially qualifies and restricts the general proposition. … Law (2d Ed.) is clearly applicable to this case.

Thompson v. Whitaker Iron Co.

41 W. Va. 574 · West Virginia Supreme Court · Dec 11, 1895

Heiskell, 80 Va. 789 , which qualifies it; but that case was in equity, is not well considered, and is not binding on us. Callis v. Waddy, 2 Munf. 511 ; Rice v. White, 4 Leigh, 474 ; Cook v. … Va. 168 , a suit in equity, clearly holds that the statute runs from the act of fraud, not from its discovery; and Judge Raymond approves Callis v.

Barefield v. DPIC Companies, Inc.

215 W. Va. 544 · West Virginia Supreme Court · Jun 25, 2004

On the one hand, the plaintiff argues that the defendant insurance company is claiming complete immunity for its post-litigation conduct that violates the UTPA. … We find nothing to show that the public policy established in W.VaCode, 33-11-1 is obviated once litigation ensues.

Frank A. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 19, 2021

It is well established that in West Virginia, “‘[i]t is the three-term rule, W. Va. … Ineffective Assistance of Counsel It is well established in this Court’s jurisprudence that “[c]laims of ineffective assistance of counsel are governed by the two-prong test established in Strickland v.

Charles E. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Jun 17, 2019

A social worker, who was qualified by the circuit court as an expert in the area of whether children exhibit characteristics of being abused, testified about an interview she conducted of the victim and … In West Virginia, claims of ineffective assistance of counsel are governed by the two- pronged test established in Strickland v.

Keesecker v. Bird

200 W. Va. 667 · West Virginia Supreme Court · Jul 14, 1997

If a person under any disability does not have a duly qualified representative he may sue by his next friend. … Nevertheless, because the order regarding appellee Steiner is clearly correct, it is affirmed.

Pritt v. Suzuki Motor Co., Ltd.

204 W. Va. 388 · West Virginia Supreme Court · Dec 15, 1998

The court must explain its reasons clearly on the record if it decides a sanction is appropriate. … Ansted Chrysler-Plymouth-Dodge, Inc., 188 W.Va. 468 , 425 S.E.2d 144 (1992), we discussed the issue of attorney’s fees in the context of an action 'for fraud: “ ‘A well-established exception to the general *393 rale prohibiting

In Re West Virginia Rezulin Litigation

585 S.E.2d 52 · West Virginia Supreme Court · Jul 3, 2003

An abuse of discretion occurs when the trial court's decision is clearly against the logic and effect of the facts and circumstances before the court."); Cheqnet Systems, Inc. v. … But the class must be seeking a "final" injunction; a request for a temporary restraining order or a preliminary injunction does not qualify under Rule 23(b)(2). Id. at 458-61.

State ex rel. McCaffery v. Hutchison

214 W. Va. 52 · West Virginia Supreme Court · Jul 3, 2003

An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court.”); Cheqnet Systems, Inc. v. … But the class must be seeking a “final” injunction; a request for a temporary restraining order or a preliminary injunction does not qualify under Rule 23(b)(2). Id. at 458-61.

State v. Phelps

197 W. Va. 713 · West Virginia Supreme Court · Oct 11, 1996

Proof establishing the charges’ truthfulness might have been relevant to increase the strength of the State’s theory that avoiding prosecution and conviction was the Defendant’s motive but was unnecessary to establish the … qualified to fully represent this defendant without the assistance of co-counsel.”

State v. Ehrlick

65 W. Va. 700 · West Virginia Supreme Court · May 11, 1909

In other words, relief in equity by abatement is not the necessary sequence of the establishment of the charge of nuisance. Some nuisances are criminal while others' axe not. … This clearly involved a property right. It was so peculiarly and distinctively a bill of that kind that it was entertained at the instance of private parties.

Quesenberry v. Estep

142 W. Va. 426 · West Virginia Supreme Court · Dec 22, 1956

It is of importance to all that such a business be conducted properly, and only by those who are qualified to carry out its responsibilities. … and Embalmers, Section 3, the text contains this language: “The undertaking business is one of a public or quasi-public nature, closely related to the health, safety, and general welfare of a community, and is, therefore, clearly

Stephen M. Hood v. Linda Hood, Individually and as the of the Estate of Dorothy Hood and as the of the Estate of Jeffrey E. Hood

West Virginia Supreme Court · Nov 8, 2023

Hood, as executor of my will and request that he be permitted to qualify without bond. … However, when viewed as a whole, this evidence clearly paints a picture of lessening mental acuity beginning in 2006.

Bank of Kingwood v. Murdock

48 W. Va. 301 · West Virginia Supreme Court · Nov 24, 1900

time of the receipt of the money by the pensioner; surely it was never intended that the government should assume guardianship over the pensioner to protect him against his own acts in dealing with his fellow man, nor to establish … The last claiiso of the section which roads, ‘but shall inure wholly to the benefit of such pensioner,’ is qualified by and must be :read in the light of the preceding words of the section.

Connor McLaughlin, Administrator v. Christopher J. Murphy M.D.

West Virginia Supreme Court · May 11, 2018

The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia Rules of Evidence and shall state with particularity: (1) … Murphy was grossly negligent in that he failed to perform a duty owed to [the decedent] by improperly discharging [the decedent] from the hospital when he was clearly a danger to himself. [Dr.]