Case law

Wilson v. Wilson

227 W. Va. 157 · West Virginia Supreme Court · Nov 30, 2010

Under the Management Agreement, Hunter’s duties are to identify property that would qualify for development, and complete due diligence and feasibility studies to determine if NLP should purchase the property. … Wilson argues that Hunter clearly possesses enterprise goodwill.

Ruffner, Donnally & Co. v. Hewitt, Kercheval & Co.

7 W. Va. 585 · West Virginia Supreme Court · Jul 15, 1874

This matter does not appear to have been clearly agreed on at the time of the contract. … Besides, I think the evidence clearly establishes that these three-thousand one hundred and eighteen barrels of salt were not forwarded from place of storage contrary to instructions.

Morton v. Godfrey L. Cabot, Inc.

134 W. Va. 55 · West Virginia Supreme Court · Jun 14, 1949

No authority is cited in support of the legal effect of the situation described in the foregoing statements or to sustain the clearly erroneous conclusion that because this action was instituted to recover both principal … The passage in question, quoted in point 2 of the syllabus, has been qualified and virtually repudiated by the same court which pronounced it, in a later decision of that court.

State of West Virginia v. Chad M. Eldredge

West Virginia Supreme Court · May 22, 2025

Importantly, however, in these cases it is the fact that a witness has pending criminal charges that establishes the bias, as opposed to the underlying conduct. … R.E. staunchly and clearly refuted this testimony, claiming to have given the vibrators to G.Y. herself to address G.Y.’s sexual curiosity.

Amy D. Hiltner v. Lowe's Home Centers, Inc.

West Virginia Supreme Court · Oct 18, 2022

The onset of disability was established to be September 1, 2015. An Independent Medical Evaluation report prepared by D. Kelly Agnew, M.D., dated January 9, 2019, noted that diffuse tenderness was found at Ms. … Agnew was found to be the most qualified of the medical examiners to make a determination of whole person impairment in the claim. Although Ms. Hiltner was seeking an award based upon Dr.

State v. Rodoussakis

204 W. Va. 58 · West Virginia Supreme Court · Dec 10, 1998

Whitted, 232 N.J.Super. 384, 389 , 557 A.2d 327, 330 (N.J.Super.A.D.1989) (holding that New Jersey’s Comprehensive Drug Reform Act of 1986 “established a new first degree offense which would hold drug distributors strictly … Young quite correctly excluded the proffered testimony of the attorney regarding a leniency/immunity agreement. Because [the State’s witness] waived the privilege, the opposite result obtains here.

State of West Virginia v. Alexander Paul Delorenzo

West Virginia Supreme Court · Nov 18, 2022

Therefore, I would find that the circuit court abused its discretion and was clearly wrong 5 in excluding the expert’s testimony, and that the petitioner was thereby deprived of his right to a fair trial. … Va. 223, 224, 366 S.E.2d 731, 732 (1988) (“Qualified expert testimony regarding rape trauma syndrome is relevant and admissible in a prosecution for rape where the defense is consent.

Wheeling Ice & Storage Co. v. Conner

61 W. Va. 111 · West Virginia Supreme Court · Dec 11, 1906

“The evidence clearly establishes the fact that these notes were endorsed by Conner with the name of the Wheeling Ice and Storage Company, without authority from the company. “ It w.as suggested that while the directors of … Conner, Secretary, and the indorsement would clearly indicate that the plaintiff company was an accommodation indorser. Savings Bank v. Shawnee Bank, 95 U.

State of West Virginia ex rel. v. Robin Miller, Superintendent

West Virginia Supreme Court · Oct 11, 2019

To succeed on such a claim, a petitioner must establish that: 1) his trial counsePs 12  ,. … Moreover, the Miller court held that there is a ''wide range" of performance which qualifies as constitutionally-adequate assistance of counsel, stating: -- - - - -·---A-defendmt--seeking t-O-

Davis Trust Co. v. Elkins

114 W. Va. 742 · West Virginia Supreme Court · Mar 27, 1934

Otherwise, he would not have deemed it prudent to establish the trust fund for his children as each were receiving a large fortune from his estate. … I desire that my Executors shall be permitted to qualify and act without giving any security.

Manor Care Inc. v. Tom Douglas

West Virginia Supreme Court · Jun 18, 2014

The majority correctly notes that “[c]laims related to business decisions, such as proper budgeting and staffing, by entities that do not qualify as Health Care Providers under the MPLA simply do not fall within that statutory … That said, I am troubled by the verdict form’s lack of clarity on the award of McDavid damages, to which the Estate was clearly entitled.

Westfield Insurance Company v. Sistersville Tank Works, Inc., Robert N. Edwards, E. Jane Price, Douglas Steele, Carol Steele, Gary Thomas Sandy, Peggy P. Sandy, Reagle & Padden, Inc., and David C. Padden

West Virginia Supreme Court · Nov 8, 2023

The insuring agreement contained three qualifying clauses: This insurance applies only to “bodily injury” and “property damage” which occurs during the policy period. … In addition, the policy clearly is also triggered if ‘disease’ manifests itself during the policy period.”)); California (Montrose Chem. Corp. v. Admiral Ins.

Richard Otto and Patricia Otto v. Catrow Law, PLLC

West Virginia Supreme Court · Nov 2, 2020

In short, the court applied an antiquated doctrine known as the “locality rule” to bar testimony that was clearly and unequivocally admissible under Rule 702 of the West Virginia Rules of Evidence … , it will be 1 Rule 702(a) provides that “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Alexander v. Andrews

135 W. Va. 403 · West Virginia Supreme Court · Feb 20, 1951

this statute, his grantee in the subsequent deed gets title to the land in cases where the grantee in the first deed fails to record his deed before the second deed is executed, and where the grantee in the second deed can qualify … the facts and circumstances which clearly indicate notice, *410 which, of course, under the statute, would in a case such as is now before us, prevent him from receiving the benefits of the statute quoted above.

State of West Virginia v. Gary Lee Rollins

233 W. Va. 715 · West Virginia Supreme Court · Jun 17, 2014

Rule 24(c) commands that if a regular juror is not qualified to sit on the jury, that juror should be replaced with an alternate juror prior to the jury retiring to consider a verdict. … As a threshold matter, we must first establish that Mr. Rollins adequately preserved the error for appeal.

Martez Griffin v. Charles Williams

West Virginia Supreme Court · Feb 19, 2021

Counsel remembered clearly viewing the confession video and believed he saw the surveillance video.!?9 82. … Petitioner was charged—as clearly detailed in the indictment—with a violation of W. Va. Code 61-2-12(a).

Firstbank Shinnston v. West Virginia Insurance

185 W. Va. 754 · West Virginia Supreme Court · Jul 25, 1991

Clearly, in the case before us, there were no material facts in dispute upon which West Virginia Insurance could have relied to support an effective cancellation of *761 Firstbank’s interest as mortgagee. … The circuit court concluded that there was no evidence that West Virginia Insurance was organized or qualified as a Farmers Mutual Fire Association Company.

William James Bumpus v. R.S. Mutter, Superintendent, McDowell County Correctional Facility

West Virginia Supreme Court · Sep 4, 2020

highly deferential" and explaining that there exists a strong presumption that "counsel's performance was reasonable and adequate." 181 Moreover, the Miller Court held that there is a "wide range" of performance which qualifies … The form clearly indicated that Petitioner was under arrest for a shooting murder.

Tavenner v. Baughman

129 W. Va. 783 · West Virginia Supreme Court · Mar 11, 1947

appear, Anne Dorothy Baugh-man was named as executrix of the wills of her father and mother, and by her sister as executrix and trustee of her estate, and, though the record before us does not show it, it is assumed that she qualified … However, it does not clearly appear that any part of these estates was used to purchase or deal in stocks.

State Ex Rel. Suriano v. Gaughan

198 W. Va. 339 · West Virginia Supreme Court · Dec 5, 1996

Clearly, the controversy and Romano’s entry into it predated the OCEA’s and Suriano’s statements. Foretich, 37 F.3d at 1553, 1554-55 . … We think the relators have established that Dr. Romano had ample means to respond.