Case law

Praetorian Insurance Company v. Virginia Chau, Administratrix of the Estate of Anh Kim Ho And Air Cargo Carriers, LLC

West Virginia Supreme Court · Nov 17, 2022

This is so because, “an order qualifies as a final order when it ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’” Durm v. … Thus, when read 24 in its proper context, the residence employees endorsement clearly would not be “understood by a reasonable person in the position of the insured” to include

State ex rel. McLaughlin v. West Virginia Court of Claims

209 W. Va. 412 · West Virginia Supreme Court · Feb 22, 2001

immunity. 12 See W.Va.Code § 14-2-1 (1967) (Repl.Vol.2000). … Accordingly, the relevant statute clearly states that the “jurisdiction” of the Court of Claims does not “extend to” that claim. 15 W.Va.Code § 14-2-14(5).

Ryan v. Clonch Industries, Inc.

219 W. Va. 664 · West Virginia Supreme Court · Dec 15, 2006

The Legislature’s purpose is establishing a deliberate intent cause of action was clearly set forth in W. … though the injury or death of an employee may be caused by his or her own fault or the fault of a co-employee; that the immunity established in sections six and six-a, article two of this chapter, is an essential aspect

Joseph Brown v. Jim Rubenstein, Commissioner

West Virginia Supreme Court · Nov 26, 2013

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

Bradfield v. Board of Education

128 W. Va. 228 · West Virginia Supreme Court · Nov 22, 1945

These holdings are supported by reason and authority and they establish the rule in this jurisdiction. … This vital difference clearly distinguishes the Taylor case from the decisions of this Court and renders it inapplicable in this case.

Crawford v. Parsons

141 W. Va. 752 · West Virginia Supreme Court · May 29, 1956

We are of the view that the facts alleged in the plea are sufficient, if proved, to establish that plaintiff was merely an employee, within the meaning of the statute, and that the action of the trial court in overruling … Of special application and significance is the phrase “and to define and fix the rights of employes and employers”, clearly bringing within the orbits of the Act the object of Section 6a. See Prager v.

Tolliver v. Kroger Co.

201 W. Va. 509 · West Virginia Supreme Court · Nov 21, 1997

The record clearly reflects that Mrs. … Tolliver had to overcome the defendants’ immunity by pleading a cause of action under W.Va.Code § 23-4~2(c)(2)(i). The circuit court’s alternative ruling, therefore, clearly meant that Mrs.

State v. Board of Commissioners of County of Ohio

146 W. Va. 79 · West Virginia Supreme Court · Feb 7, 1961

before the Constitution was amended in 1880 shall remain in lieu of the county courts thereby established until otherwise provided by law, and in reference to Article 6, section 39, of the Constitution of West Virginia prohibiting … E. 775 , is quite similar to tbe instant case and clearly indicates that tbe writ should be denied.

State v. Dent

25 W. Va. 1 · West Virginia Supreme Court · Nov 1, 1884

The person proposing to practice law is everywhere required to obtain a license from some person or persons qualified to determine whether the applicant has the qualifications necessar’y to practice law. … This portion of this act was held to be clearly constitutional by the Supreme Court of Minnesota in the case of Minnesota v. The State Medical Examining Board, 32 Minn.

Morris v. Westerman

79 W. Va. 502 · West Virginia Supreme Court · Jan 30, 1917

Westerman’s estate to her husband has not been established, and the inquiry next in order is whether she is estopped by her conduct, from assertion of her right. … To give a statute such an effect, it must contain terms clearly importing the intention. Harrison v. Harman, 85 S. E. 646 .

State Ex Rel. Paige v. Canady

197 W. Va. 154 · West Virginia Supreme Court · Jul 17, 1996

Cana-dy, Id., Commissioner Paige has the burden of establishing the executive privilege he claims. … Bond, 669 F.2d 542, 546 (8th Cir.1982) (“Governor’s qualified immunity protected him from deposition absent a showing by plaintiffs of specific need.

Myers v. Frazier

173 W. Va. 658 · West Virginia Supreme Court · Jun 27, 1984

To hold otherwise is to deny the trial court its legitimate role in deciding whether to accept or reject a plea bargain, which it is clearly authorized to do under Rule 11(e). … else to confer immunity from prosecution.

Eggleston v. West Virginia Department of Highways

189 W. Va. 230 · West Virginia Supreme Court · Jun 4, 1993

This accident occurred during the use of this highway and the policy clearly provided this was not covered. … Wherefore, in order to accomplish these desired ends and objectives, the provisions of this article are hereby enacted into law in response to manifest needs and requirements therefor and in the interest of the establishment

Keesee v. General Refuse Service, Inc.

216 W. Va. 199 · West Virginia Supreme Court · Jun 29, 2004

though the injury or death of an employee may be caused by his or her own fault or the fault of a co-employee; that the immunity established in sections six and six-a, article two of this chapter is an essential aspect of … provided in this chapter; that, in enacting the immunity provisions of this chapter, the Legislature intended to create a legislative standard for loss of that immunity of more narrow application and containing more specific

Lewis v. Canaan Valley Resorts, Inc.

185 W. Va. 684 · West Virginia Supreme Court · Jul 19, 1991

V, § 1, courts ordinarily presume that legislation is constitutional, and the negation of legislative power must be shown clearly: ‘In considering the constitutionality of a legislative enactment, courts must exercise due … First, this provision itself states that the “remedy” constitutionally guaranteed “for an injury done” to protected interests is qualified by the words, “by due course of law[.]” See supra note 3.

State ex rel. Serdich v. Preston County Board of Education

200 W. Va. 34 · West Virginia Supreme Court · May 30, 1997

The circuit court denied the appellant’s petition on the ground that the position which he sought was not “open” and that he was not clearly entitled to the relief which he sought. … Milne’s absence was clearly anticipated to be temporary.

Mallamo v. Town of Rivesville

197 W. Va. 616 · West Virginia Supreme Court · May 21, 1996

We agree that Wilson’s attempt to conceal or distort the facts concerning the shooting incident, if proven, is clearly not related to the execution of the capias on plaintiff. … However, even if plaintiff were able to establish that Wilson participated in a conspiracy to cover up the shooting incident, a plain reading of W. Va.

Laundry Co. v. Dunn Hospital

126 W. Va. 858 · West Virginia Supreme Court · May 30, 1944

All this was clearly a mere revision of the former brief statute on the subject, and, therefore, within the title of the act. … The word “repeal”, unless qualified, may bear a very narrow and strict meaning.

State ex rel. Charles Town General Hospital v. Sanders

210 W. Va. 118 · West Virginia Supreme Court · Nov 9, 2001

Rydland’s application for staff privileges in an attempt to establish whether the Hospital knew of various professional complaints that had been lodged against Dr. Rydland when it made these decisions. … Provided, That information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were presented during proceedings

Gary Wiechman and Lauralee Wiechman v. Marshall County Sewerage District

West Virginia Supreme Court · Jan 20, 2021

In creating the general grant of immunity, in W.Va. … Code, 29-12A-4(c) can survive immunity from liability under the general grant of immunity in W.Va. Code, 29-12A-4(b)(1).