Case law

In re Petition for Reinstatement of Edward Raymond Kohout

West Virginia Supreme Court · Jun 10, 2025

Kohout was not fit to resume the practice of law, but qualified his statement by acknowledging that he is unfamiliar with “that regulatory landscape.” Linda Cummins explained that Mr. … His burden to establish rehabilitation is a heavy one because his prior misconduct was serious, and he has a long- established pattern of intentional deceit and dishonesty to courts and his clients.

Hayzlett v. McMillan

11 W. Va. 464 · West Virginia Supreme Court · Nov 1, 1877

Upon the whole case and upon principle and authority I am clearly of opinion that the appellant’s said first assignment of error •is not well taken; and it is overruled. … The Judges of the circuit court of this State are elected by the qualified voters of each circuit; and they are elected Judges of their respective circuits, and by virtue of their office as Judges of their respective circuits

State Ex Rel. Linger v. County Court of Upshur County

150 W. Va. 207 · West Virginia Supreme Court · Nov 9, 1965

It may be true that where the power of the court to appoint and qualify personal representatives is limited in its extent, an exercise of this power beyond the limitations conferred could be taken advantage of at any time … appoint her or her nominee as administrator of the estate, in the opinion said: “Miss Smith, while a devisee and legatee under the will, was not a dis-tributee; for the word ‘distributees’ as used in the sections quoted, clearly

Patrick D. and Katherine F. Leggett v. EQT Production Co.

West Virginia Supreme Court · Nov 17, 2016

Va. 770, 777, 461 S.E.2d 516, 523 (1995) (“Where an act is clearly remedial in nature, we must construe the statute liberally so as to furnish and accomplish all the purposes intended.”) (citations omitted). … covenant to market recognized in Wellman and Tawney demand that the statutorily mandated one-eighth proportionate royalty paid to the lessor-owners of oil and gas interests, here the landowners, remain supremely constant, immune

In re E.B.

229 W. Va. 435 · West Virginia Supreme Court · Jun 21, 2012

In challenging an allocation of damages proposed by the parties, DHHR has the burden of proof to establish a proper allocation. … Given the fact that Brooke Tinsel was never qualified as an expert, and given the fact that no Ohio case law or statutory law was presented which mandated the use of Medicaid paid rates to calculate the future medical costs

Jane Doe v. Logan County Board of Education

West Virginia Supreme Court · Jun 4, 2019

accordance with compulsory education laws, the school, through its educators, assumes some of the duties owed by the parent to the child. . . . 3 The Tort Claims Act provides immunity … Clearly, these cumulative responsibilities and obligations, particularly when considered within the context of an in loco parentis relationship, establish a county board of education’s heightened responsibility to its students

Bailey v. Norfolk & Western Railway Co.

206 W. Va. 654 · West Virginia Supreme Court · Dec 17, 1999

In so doing, we merely *667 adopt the well-established approach used in other contexts. … Traditionally, the prospect of a second stint of grunt work deterred a significant percentage of qualified brakemen from accepting promotion to conductor, and in fact the majority of the Plaintiffs chose to forego promotion

McClaskey v. O'Brien

16 W. Va. 791 · West Virginia Supreme Court · Dec 20, 1879

In the absence of evidence clearly establishing that such was the intention of the parties at the time that question does not fairly arise here. … There are, however, some exceptions to this rule, but this case as to Lovmds is clearly not within the exceptions in the Hart case.

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

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).

King v. Kayak Manufacturing Corp.

182 W. Va. 276 · West Virginia Supreme Court · Nov 9, 1989

Nugent was not qualified to render an opinion on the cause of the plaintiff’s head injury. We find that the trial court erred in refusing this testimony. … If the issue involves a traditionally settled area of law, such as contracts or property as distinguished from torts, and the new rule was not clearly foreshadowed, then retroactivity is less justified.

State of West Virginia v. James Dee McKinney AKA 1227

West Virginia Supreme Court · May 29, 2026

Rather, the challenged statement made by Detective Cumberledge qualifies as an “unresponsive 13 answer.” … because he raises a Constitutional challenge and the circumstances of his violent criminal behavior are apparent from the record, the Court concludes that his sentences do not shock the conscience where the evidence established

State ex rel. Walker v. Mental Hygiene Commissioners

217 W. Va. 80 · West Virginia Supreme Court · May 27, 2005

an individual to be detained and taken into custody — and that thereafter a prompt probable cause determination be made, according to prescribed procedures (that ordinarily but not necessarily include an examination by a qualified … Clearly, committing a person to a mental health facility involves a loss of liberty which implicates the due process clause.

Cann v. Cann

40 W. Va. 138 · West Virginia Supreme Court · Dec 19, 1894

Plaintiff qualified as administrator on the 31st day of August, 1881, and found in the drawer of decedent the above account book. … The law requires, under such circumstances, the sanction of an agreement to compensate, express or by inference fairly and clearly arising out of what is said and done by both parties, that if the one shall work and care

Callaghan v. Eastern Associated Coal Corp.

177 W. Va. 257 · West Virginia Supreme Court · Apr 3, 1986

Eastern contends that because it has not actively employed the dam since 1966, it has no responsibility for reclamation under state law, and that the site therefore qualifies for federal clean-up funds. … The legislature clearly intended by this enactment to take maximum advantage of money available from the AMR Fund.

Flavelle v. Red Jacket Consolidated Coal & Coke Co.

82 W. Va. 295 · West Virginia Supreme Court · Apr 16, 1918

He did not then go into the mine to qualify himself to testify in this suit, it was not contemplated at that time, but as to another matter in which appellant had no interest. … The only proof which, in our opinion, according to the express provisions of the contract when properly construed, tends with reasonable certainty to establish the claim of the appellees for coal lost, the loss whereof was

Jeffrey L. Finley v. Ralph Terry, Acting Warden

West Virginia Supreme Court · Jun 8, 2018

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 … performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified

State v. Sponaugle

43 L.R.A. 727 · West Virginia Supreme Court · Nov 30, 1898

Did that amendment come to overthrow this long-established law of the land? … It involves no violation of due process of law, when executed according to customary forms and established usage.”

Herbert J. Thomas Memorial Hospital Assoc. v. Susan Nutter

West Virginia Supreme Court · Nov 17, 2016

Colo. 2002) (finding that CMS regulations do not provide right of action or establish standard of care, but merely determine whether hospital qualifies for provider agreement). … Although they may be laudable in an aspirational sense and clearly constitute a best practice, apparently the respondent provided no such corollary requirements embraced and articulated by the State of West Virginia as

State ex rel. Jefferson County Board of Zoning Appeals v. Wilkes

221 W. Va. 432 · West Virginia Supreme Court · Nov 20, 2007

The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards. … Paragraphs (a)(1) and (b) do not prohibit a lawyer from receiving a salary or partnership share established by prior independent agreement.

BLUESTONE PAVING v. Tax Com'r of State

591 S.E.2d 242 · West Virginia Supreme Court · Dec 9, 2003

of the limitation advocated by the Tax Commissioner requires a recital of a further development in the law of sales and use taxes that is pertinent because the taxpayer in this case is seeking to apply the use tax credit established … Second, in that manufacturing process, it would be ludicrous to require a search of each final product for portions that remain "identical" and thus qualify for the credit, e.g., driven nails that nonetheless remain identical