Case law

Hanlon v. Chambers

195 W. Va. 99 · West Virginia Supreme Court · Oct 26, 1995

whether to hire a woman supervisor has two alterna *115 tives: (1) it can forego engaging her because she is a woman and a potential sexual harassment plaintiff and thereby suffer the loss implicit in hiring a possibly less qualified … It is clearly a relevant fact and could have a substantial impact on the ultimate factual resolution of this case.

In re A.L.

West Virginia Supreme Court · Nov 8, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Lastly, because the proceedings in circuit court regarding the father are ongoing, this Court reminds the circuit court of its duty to establish permanency for the child.

Committee on Legal Ethics of the West Virginia State Bar v. Douglas

179 W. Va. 490 · West Virginia Supreme Court · May 18, 1988

We believe a remand for further development of the facts in light of the standards established herein is appropriate. … "(B) A lawyer who receives information clearly establishing that: "(1) His client has, in the course of the representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the

State Ex Rel. Fox v. Board of Trustees of the Policemen's Pension or Relief Fund

148 W. Va. 369 · West Virginia Supreme Court · Mar 17, 1964

It is well established that a member of a municipal fire department or police department who voluntarily resigns from such department completely severs his connection and loses any right to a pension or benefit which might … True, they may have an expectancy to participate in the fund when otherwise qualified. Pennie v. Reis, 132 U. S. 464, 471 ; 33 L. Ed. 426 ; 10 S. Ct. 149 . See Eberle v. LaGuardia, (N. Y.), 33 N.

Cunningham v. Dunn

84 W. Va. 593 · West Virginia Supreme Court · Sep 30, 1919

The qualified or conditional fee simple estates taken by the two children were inheritable estates, passing to the heirs, subject to. the possibility of defeasance. 2 Min. Inst. 2 Ed., 78; 2 Bl. Com. 111 note. … TMs conclusion makes the decree complained of clearly wrong and calls for reversal thereof. It will be reversed, the demurrer overruled and the cause remanded. Reversed, demurrer overruled, cause remanded.

Fry Racing Enterprises, Inc. v. Chapman

201 W. Va. 391 · West Virginia Supreme Court · Dec 17, 1997

The standard for granting summary judgment was established in Syllabus Point 3 of Aetna Casualty & Surety Co. v. Federal Ins. … In this case there was clearly a lot of fender rubbing between Mr. Fry and Mr. Chapman over their agreement, and while this may seem to be a fair maneuver to Mr. Chapman, it most likely appeared to Mr.

Toothman v. Brescoach

195 W. Va. 409 · West Virginia Supreme Court · Dec 7, 1995

It is also the stated policy of this State that “[a] citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, economic status or being a qualified individual with a disability … “Courts are reluctant to set aside a jury’s award of damages unless it is clearly shown that the award was inadequate.” Delong v. Kermit Lumber & Pressure Treating Co., 175 W.Va. 243, 246 , 332 S.E.2d 256, 259 (1985).

BOARD OF TRUSTEES, ETC. v. City of Huntington

96 S.E.2d 225 · West Virginia Supreme Court · Jan 28, 1957

A copy of the Tax Commissioner's letter of qualified approval is attached hereto and marked Exhibit `C'. "9. … In view of the foregoing undisputed figures which clearly establish the financial condition of each fund for the fiscal year July 1, 1956 to June 30, 1957, it is manifest that a one cent levy together with the money in each

State Ex Rel. State Road Commission v. O'BRIEN

82 S.E.2d 903 · West Virginia Supreme Court · Jul 27, 1954

This is a pledge of funds in a constitutional fund, established by the people of this State for the purpose for which the pledge is made. … Sections 52 and 35 of Article VI were adopted by the people of this State in order to establish a "pay as you go" system of finnacing.

Myron Boggess and William Gill v. City of Charleston

234 W. Va. 366 · West Virginia Supreme Court · Oct 30, 2014

The FLSA’s purpose is to articulate “a national floor under which wage protections cannot drop, not to establish absolute uniformity in minimum wage and overtime standards at levels established in the FLSA.” … The section 207(k) exemption applies where the employer has adopted a qualifying “work period.” See Barefield v. Village of Winnetka, 81 F.3d 704, 710 (7th Cir. 1996).

Lawyer Disciplinary Board v. Michael P. Cooke

239 W. Va. 40 · West Virginia Supreme Court · Apr 20, 2017

I had no proof that I felt I could present that would establish a clear ethical violation. … Based upon our review of the foregoing, this Court concludes that Cooke was in fact engaging in extensive overbilling to the State of West Virginia, misconduct which plainly qualifies as “dishonest, fraudulent, deceitful

City of Huntington v. Bacon

196 W. Va. 457 · West Virginia Supreme Court · Jun 14, 1996

Va.Code, 18-5-9 [1933] clearly mandates the Board of Education to protect the health of pupils and to keep school grounds and buildings in good order. See syl. pt. 1, State v. … [T]he Court has never questioned the propriety of absolute immunity from state taxation.' " City of Huntington, 999 F.2d at 73 (citations omitted). 5 .W.

Robinson v. Braiden

44 W. Va. 183 · West Virginia Supreme Court · Dec 1, 1897

How Agent Hoge came to take as a point on the Talking-ton line a place where a S., 22 E., course, would strike and cross Archie’s Fork of Fishing creek near Abraham Ice’s field, does not quite clearly appear. … instruments, in regard to their subject-matter, that a false description does no harm when there is enough left to designate the subject-matter with reasonable certainty, and that such false description or repugnant call must be qualified

Bison Interests, LLC. v. Antero Resources Corporation and CGAS Properties, L.P.

West Virginia Supreme Court · Nov 10, 2020

Shobe holds that anyone whose affected interests qualifies under the language of West Virginia Code § 55-13-2 may bring a declaratory judgment action and “it is not essential that a party have a personal legal right or … Clearly, any failure on the part of Antero to properly raise the issue for determination in the 2015 litigation would be equally fatal to an attempt to relitigate it in the instant action.

Jane Doe-1 v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints

239 W. Va. 428 · West Virginia Supreme Court · Jun 14, 2017

torts of assault and battery solely against Michael Jensen. 71 The Jensen parents object to the plaintiffs’ reference to their son Michael as a “sex offender,”arguing that Michael’s crimes in Utah did not qualify … Pritikin, Toward Coherence in Civil Conspiracy Law: A Proposal to Abolish the Agent’s Immunity Rule, 84 Neb. L. Rev. 1, at **9, 13 (2005). 73 at 269 (citations omitted).

State v. Neider

170 W. Va. 662 · West Virginia Supreme Court · Sep 20, 1982

Allen, 131 W.Va. 667 , 49 S.E.2d 847 (1948), where this Court stated in its single Syllabus: “Where, on the trial of an indictment for murder, the homicide charged is clearly proved or admitted, and there is appreciable evidence … With these two general principles established for resolving a lesser included offense inquiry, we proceed to apply them to the present case.

State of WV ex rel. WV DHHR and Erica Brannon Gunn v. the Honorable Lora A. Dyer, Judge

West Virginia Supreme Court · Nov 21, 2019

Generally, the decision to grant or deny an improvement period is an act within the discretion of the circuit court.18 However, a discretionary act is certainly not immune from the extraordinary remedy of a writ of prohibition … CONCLUSION For the reasons set forth above, this Court finds that the Circuit Court of Roane County’s order granting respondents an improvement period is clearly erroneous as a matter of law.

Pauley v. Kelly

162 W. Va. 672 · West Virginia Supreme Court · Feb 20, 1979

Qualified instructional and other personnel; “h. Efficient administrative procedures; “i. An adequate State program of research and development; and “j. … Code, 18-9A-ll, he is clearly an indispensible party in any suit to declare the State school funding statute unconstitutional.

Szturm v. Huntington Blizzard Hockey Associates Ltd. Partnership

205 W. Va. 56 · West Virginia Supreme Court · May 17, 1999

Thus, the mere fact that Henry worked without pay for a lengthy period of time prior to the partnership’s dissolution, in clear violation of § 21-5-3, does not establish a waiver of the right to agreed-upon wages. … They include, for example, rules limiting or qualifying the rights and remedies of inside creditors, such as fraudulent transfer law, equitable subordination, and the law of avoidable preferences, as *64 well as general debtor-creditor

Hall v. Bank of Virginia

15 W. Va. 323 · West Virginia Supreme Court · Jul 9, 1879

All official acts heretofore done by any such officers, and otherwise lawful, are hereby declared as legal and binding as if they had been done by officers duly elected and qualified under the Constitution of this State; … The errors alleged in each of the said petitions herein first mentioned in the decrees aforesaid, if anyjsuch in fact exist, it seems to me clearly, are not clerical jerrors, but errors of judgment of the Court, and such