Case law

Stephens v. West Virginia College of Graduate Studies

203 W. Va. 81 · West Virginia Supreme Court · Jul 10, 1998

Contrary to the Stephenses’ assertions, though, the record clearly demonstrates that ACT counselors in both spring, *87 1992, and fall, 1992, indicated to Mrs. … Dismissal of Vicarious Liability Claim In addition, the Stephenses contest the circuit court’s finding that they failed to adequately establish their claim of vicarious liability.

State v. Clifford

59 W. Va. 1 · West Virginia Supreme Court · Feb 13, 1906

The existence of such intent at the time of the killing is a necessary ingredient of crime, and it is clearly not enough that the prisoner intended such purpose at some previous time. … They cannot find the elements of murder or any other offense when the evidence wholly fails to establish them.

Kelly Ann Richardson v. Timothy E. Richardson

West Virginia Supreme Court · Dec 7, 2020

a qualified Code, 48–2–1(f)(4) [1986] gift. … Clearly, the family court weighed the Banker factors, as required by this Court, and found that neither party was in a significantly better position than the other to pay such fees.

State Ex Rel. Clarksburg Municipal Building Commission v. Spelsberg

191 W. Va. 553 · West Virginia Supreme Court · Jul 18, 1994

Gill, 174 W.Va. 109 , 323 S.E.2d 590 [1984], overruled, in part, on other grounds, establishing that funds from general revenues, and not just “special revenues” 5 , could be used to make payments to retire bonds for “necessary … We hold that the same rationale is applicable to Section 8 of Article X, and the bonds in this case clearly qualify under these exemptions.

State Ex Rel. Nationwide Mutual Insurance v. Kaufman

222 W. Va. 37 · West Virginia Supreme Court · Jan 25, 2008

The importance of a privilege log has been articulated as follows: The purpose of preparing the privilege log is to assist the court and the parties in performing the careful analysis that a privilege or immunities evaluation … Although the instant proceeding does not present a Madden or Light statutory bad faith cause of action, we believe the principles established in Light provide the better guidance for trial courts in deciding whether or not

In re H.W.

West Virginia Supreme Court · Jun 14, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The governing statutory law has clearly established when the DHHR is required to seek a ruling on the termination of a parent’s rights to his/her child(ren) and when the DHHR is relieved from such duty.

Cynthia D. Pajak v. Under Armour, Inc., Under Armour Retail, Inc., and Brian Boucher

West Virginia Supreme Court · Apr 22, 2022

Armour: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established … Williamson’s employing entity qualified as an “employer,” and, if not, whether Ms. Williamson could maintain a common law claim for retaliatory discharge against her former employing entity.

Cara New v. Gamestop, Inc.

232 W. Va. 564 · West Virginia Supreme Court · Nov 6, 2013

Rules is clearly more contractual in nature. … As previously established, the GameStop C.A.R.E.S.

Rebuild America and REO America v. Mark E. and Tammy L. Davis

235 W. Va. 245 · West Virginia Supreme Court · Apr 9, 2015

STANDARD OF REVIEW It is well-established that “[a] circuit court’s entry of summary judgment is reviewed de novo.” Syl. Pt. 1, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994). … In its brief, Rebuild concludes its argument by stating that “the sale of the tax lien qualifies as an exception from the automatic stay and all events associated with the tax sale did not [violate] the automatic stay.”

Lisa Ann Pavich v. American Pride Properties, LLC

West Virginia Supreme Court · Sep 24, 2024

As the issue of enforceability of this settlement required findings of fact and application of legal principles, we review the court’s factual findings under a clearly erroneous standard, questions of law de novo, and the … Va. 567, 264 S.E.2d 625 (1980), that “[w]here there is no duly qualified representative. . . an offspring of the incompetent has standing to act in the capacity of next friend pursuant to Rule 17(c) W.Va.R.C.P. and the Court

Stone v. Hill

52 W. Va. 63 · West Virginia Supreme Court · Nov 29, 1902

Stone, plaintiff’s husband, was appointed and qualified as deputy for said sheriff, and as such deputy executed bond to said sheriff with defendant, L. D. … (Syl. pt. 3), it is held: “The evidence in case of a parol gift from father to child, should be direct, positive, express and unambiguous, and its terms clearly defined.”

City of Fairmont v. West Virginia Municiple League, Inc.

West Virginia Supreme Court · Jan 13, 2020

(“Comvest”), established the lease/purchase Program in 1996 and terminated it in 2010. Fairmont contacted Comvest and applied for financing for the Train 5 upgrades. … Yet, Fairmont did not clearly claim it was entitled to $5,500 (or one-half of the $11,000 fee, for which Comvest performed half its services) from the Municipal League until it filed its Rule 59 motion – after this Court

State of West Virginia v. Iran G.

West Virginia Supreme Court · Jan 14, 2019

I mean, he is – he has tried – I don’t know how many criminal cases he’s tried, but he has tried a lot of criminal cases, and he’s highly qualified. He knows the system. … Further, as discussed more fully below, there was sufficient evidence, absent the State’s remarks, to establish petitioner’s guilt of the crimes charged.

Steven J. Dukes v. Donnie Ames, Superintentdent, Mt. Olive Correctional Complex

West Virginia Supreme Court · May 26, 2022

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 … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Cookman Realty Group, Inc. v. Taylor

211 W. Va. 407 · West Virginia Supreme Court · Jul 3, 2002

This point was qualified, however, by a recognition that “an inquiring court—even a court empowered to conduct de novo review—must examine a regulatory interpretation of a statute by standards that include appropriate deference … L.J. of Am.U. 1, 12 (1996); see Manning, supra, at 655 (noting that Seminole Rock “removes an important affirmative reason for the agency to express itself clearly; since the agency can say what its own regulations mean .

Jason C. Anderson v. Karen Pszczolkowski, Warden

West Virginia Supreme Court · Jun 8, 2018

We have also held that to succeed on a claim of ineffective assistance of counsel in a habeas action, the petitioner must establish that (1) his trial counsel’s “performance was deficient under an objective standard of reasonableness … Moreover, there is a wide range of performance that qualifies as constitutionally sufficient: A defendant seeking to rebut this strong presumption of [defense counsel’s] effectiveness bears a difficult

Town of Burnsville v. Kwik-Pik, Inc.

185 W. Va. 696 · West Virginia Supreme Court · Jul 25, 1991

The defendants responded with a motion to dismiss the complaint under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure, alleging that the B & 0 tax ordinance established a rate contrary to the legislative grant … We have traditionally held that a proviso in a statute will modify or qualify the preceding subject to which it refers. E.g., Syllabus Point 2, State v.

Johanna Dorsey v. Progressive Classic Insurance

West Virginia Supreme Court · Dec 27, 2013

In Loudin, the Majority departed from well-established law by imposing a duty of good faith and fair dealing on insurance companies when dealing with third parties, despite the absence of any underlying contractual duty … Thus, even though Dorsey qualifies as an “insured person” under the policy, she is not a first party to the contract; she is a third party. See, e.g., Gillette v.

Summerfield v. White

54 W. Va. 311 · West Virginia Supreme Court · Dec 5, 1903

If a monument called for by the deed is established by uncontradicted evidence it becomes binding upon *316 the parties. … But the general rule is subject to very important qualifiications. Witten v. St. Clair, supra. These qualifications rest upon the principle of estopped for the most part.

State v. Sutphin

195 W. Va. 551 · West Virginia Supreme Court · Dec 7, 1995

But where such misconduct is induced by a stranger, or a person having no interest in the litiga *560 tion, unless manifestly prejudicial, the effect thereof must be established by proof. … for it to qualify.