Case law

Moore v. CNA Insurance Co.

215 W. Va. 286 · West Virginia Supreme Court · Jun 30, 2004

The plea does not establish that Moore in any way interfered with [the United States Department of Labor] DOL. In fact, even if the Court were to accept as established the facts asserted by the U.S. … Kizer's companies would have qualified for a refund in January of 1986 because they had been approved by the Department of Labor for self-insured status.

Billotti v. Dodrill

183 W. Va. 48 · West Virginia Supreme Court · Mar 9, 1990

Dur-ston, advanced an argument that “because the Commonwealth need not establish a system of appeals as of right in the first instance, it is immune from all constitutional scrutiny when it chooses to have such a system.” … We then noted, however, that “[wjhen the questioned instruction ... is fitted with others in the case, the jury was apprised of the difference” where another instruction “clearly delineated the critical difference between

Madden's Adm'r v. C. & O. Railway Co.

28 W. Va. 610 · West Virginia Supreme Court · Oct 30, 1886

Third: To establish proper rules and regulations for the service, and having adopted such to conform to them. Chicago, &c., R. R. Co. v. Taylor, 69 Ill. 461 . … Since the rule grew up as judicial legislation, the courts may properly qualify or limit it to avoid injustice in particular cases.

State Ex Rel. Cities of Charleston v. West Virginia Economic Development Authority

214 W. Va. 277 · West Virginia Supreme Court · Dec 8, 2003

We did note, however that “[t]he legislature in subsequent legislation could, of course, amend [W-Va.Code §§ 29-22-1, et ser/.] to clearly state that video gambling devices are part of the lottery system.” 190 W.Va. at 285 … W.Va.Code § 29-22B-202(3)(A) of the Limited Video Lottery Act replaces "qualified horse and dog racetracks” with "qualified locations.” . According to the petitioners’ petition for a writ of mandamus, the Rev.

Rita Tanner and Dennis Tanner v. Bryan D. Raybuck, M.D.

West Virginia Supreme Court · Apr 15, 2022

Pursuant to the relevant parts of West Virginia Code § 55-7B-7(a)(5) and (6), “[a] proposed [standard of care] expert witness may only be found competent to testify if the foundation for his or her testimony is first laid establishing … The circuit court was clearly wrong in adopting the defendant’s narrow reading of this provision so as to disqualify Dr. Hayek from executing a certificate of merit in this case.

Clayton E. Rogers v. Donnie Ames

West Virginia Supreme Court · Nov 12, 2020

Moreover, the instruction disapproved of by this Court in Jenkins is clearly distinguishable from the instruction in the instant matter. … This evidence clearly established that Petitioner acted with malice and premeditation. 9 Therefore, we find that while the voluntary manslaughter instruction was erroneous, this error did not actually affect the jury verdict

Allen v. State of West Virginia Human Rights Commission

174 W. Va. 139 · West Virginia Supreme Court · Dec 6, 1984

Rather, she later learned that a male employee, whom she believed to be less qualified, had been promoted to the position. … This refusal is clearly a violation of the Attorney General’s mandatory statutory duty.

Miners in General Group v. Hix

123 W. Va. 637 · West Virginia Supreme Court · Nov 4, 1941

We think the record clearly shows that the mine workers, who were undoubtedly employees of the operators when the joint conference met in New York, continued such employment up to the end of their contract on March 31st, … operators on the other, which, in this instance and in the final analysis, reduced itself to a question of whether or not the mines should be made union shops — that is, that while the operators had the right to employ qualified

Mt. State Bit Service, Inc. v. State, Department of Tax & Revenue

217 W. Va. 141 · West Virginia Supreme Court · Feb 10, 2005

The majority opinion tossed aside these time-honored principles because the majority did not believe the Legislature meant “and” when it plainly and clearly said “and.” … It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation.

Rowe v. Grapevine Corp.

206 W. Va. 703 · West Virginia Supreme Court · Dec 15, 1999

The regulation was clearly aimed at revoking an employer’s certification and not at providing a cause of action for *712 migrant workers. … Charles Town Races, Inc., 206 W.Va. 45 , 521 S.E.2d 537 (1998), that the payments made under the three-fourths guarantee provisions do not qualify as “wages” under the Act.

Weese v. Weese

134 W. Va. 233 · West Virginia Supreme Court · Apr 4, 1950

He qualified, gave bond as such, proceeded to administer the estate, and filed his final settlement on February 6, 1945. On February 20, 1947, the defendant, Clara Virginia M. … established fraud perpetrated on the county court in securing its probate.

In re R.G.

West Virginia Supreme Court · Jun 9, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … There is no evidence that the father has a disability that would qualify for accommodations under the ADA.

State v. Dye

171 W. Va. 361 · West Virginia Supreme Court · Dec 15, 1982

We hold that, under the standard established in syllabus point 5 of State v. … Foster established standards for evaluating a motion under W.Va.Code, 51-11-8 (1977) for additional expert witness fees. 3 .

In Re Smith

214 W. Va. 83 · West Virginia Supreme Court · Nov 25, 1980

The crime for which the respondent was convicted clearly involves an element of fraud, and is so stated in the indictment upon which he was tried and convicted, and thus this crime unquestionably involves moral turpitude, … His failure to establish after disbarment any meaningful social or work pattern in his community, coupled with the gravity of his initial offense, which was a crime against the election process, and his prior disciplinary

In re M.J., N.K., A.K., and B.K.

West Virginia Supreme Court · Jun 14, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … And the circuit court did not clearly err by terminating Mother’s parental rights.

Ware v. Howell

217 W. Va. 25 · West Virginia Supreme Court · May 10, 2005

Town of Eleanor, 191 W.Va. 611, 616 , 447 S.E.2d 546, 551 (1994) ("[I]t is well-established that determinations involving questions of ... fact are within the province of the jury.”); Syl. pt. 3, Long v. … circumstances, and ensure that the testimony is accurate, complete, and clearly understood.

STATE EX REL. DEPT. OF HEALTH AND HUMAN RESOURCES v. Ruckman

674 S.E.2d 229 · West Virginia Supreme Court · Feb 6, 2009

In either instance, our established standard of review is de novo. Syl. Pt. 1, Martin v. … Second, DHHR maintains that it does not qualify as a social service agency that directly counsels children and families, but rather contracts for delivery of these services.

Desper v. State

173 W. Va. 494 · West Virginia Supreme Court · Jun 13, 1984

To be sure, the evidence the Government offers to establish probable cause is by nature also discovery for the accused. … The first purpose was clearly irrelevant to probable cause and appeared to be an attempt to gain discovery.

State Ex Rel. Goodwin v. Rogers

158 W. Va. 1041 · West Virginia Supreme Court · Jul 29, 1975

Code 1931, 7-l-5a, as amended, were derived from a statutory formula established and set forth in W. Va. … Clearly, the new and additional duties created and imposed upon the Relator by the 1972 Act far exceed those duties created and imposed upon assessors in W. Va.

France v. SOUTHERN EQUIPMENT CO.

225 W. Va. 1 · West Virginia Supreme Court · Jan 28, 2010

Clearly, our holding in Shaffer requires something more than the passing knowledge of a Southern Equipment manager when he briefly looked up on the roof and saw someone who looked younger than his co-workers. … This authority alone was sufficient to establish appellant’s duty to see that proper safety precautions were taken.”).