Case law

Philip Fisher, D.O. W. Va. Board of Osteopathic Medicine

West Virginia Supreme Court · Jun 3, 2016

In other words, the findings must be clearly wrong to warrant judicial interference. . . . … With regard to Rule 702, we have stated that, “to qualify a witness as an expert on th[e] standard of care, the party offering the witness must establish that the witness has more than a casual familiarity with the standard

David Ballard, Kevin McCourt, Jess Mattox, and Hobert Allen v. Miguel Angel Delgado

West Virginia Supreme Court · Apr 24, 2019

Ed. 2d 565 (2009), “[t]rial courts now have the discretion regarding the order in which [the] two inquiries [for qualified immunity] are considered”). … Accordingly, the evidence was insufficient to establish deliberate indifference, and the correctional officers were entitled to qualified immunity.1 For the foregoing reasons, I respectfully dissent.

State Ex Rel. Foster v. City of Morgantown

189 W. Va. 433 · West Virginia Supreme Court · Jun 10, 1993

Clearly, with respect to amending zoning ordinances, W. Va. Code, 8-24-23 [1969] preempts W.Va.Code, 8-12-4 [1969]. … Section 8.01(b) of the Morgantown City Charter, which reserves the power of referendum to the qualified voters of the City to require reconsideration by the city council of any adopted ordinance, is clearly inconsistent with

SER Wheeling Hospital, Inc. David A. Graphery, M.D. v. Hon. Ronald E. Wilson, Judge

236 W. Va. 560 · West Virginia Supreme Court · Feb 9, 2016

body or to fulfill the requirements of such accrediting body, any entity established pursuant to state or federal law for peer review purposes, and any committee established by one … Therefore, the proper inquiry as to whether a document qualifies for protection . . . is whether it was created by, for, or otherwise as a result of a medical peer review committee

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

183 W. Va. 136 · West Virginia Supreme Court · Apr 17, 1990

Should the standards for attorneys be any less than the standards established for Caesar's wife? … This immunity was granted before Boettner entered into a plea agreement.

State v. Abdella

82 S.E.2d 913 · West Virginia Supreme Court · Jul 27, 1954

Myrtis Smith whose husband lost money in a game of poker allegedly conducted at the establishment of the defendant. Shortly before the defendant testified, this witness told the grand jury that, when Mrs. … If he had admitted or denied that he had engaged in gambling or the sale or the use of numbers, he would have been clearly entitled, under the statute, to immunity from prosecution for the offense charged in the present indictment

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

In creating the general grant of immunity, in W. Va. … This claim also is precluded by the Act’s grant of immunity to political subdivisions because section 29-12A-5(a)(4) also provides immunity for a political subdivision’s “[a]doption . . .

State ex rel. Garner v. Garvin

145 W. Va. 820 · West Virginia Supreme Court · Dec 20, 1960

There is no merit to this contention because the rule of immunity in such cases was established many generations ago in England, and has been treated in this country as a part of the common law. … However, there was never any intention to limit such immunity to such cases. This is clearly indicated in the case of Morris v. Calhoun, 119 W. Va. 603, 608 , 195 S.

Patricia Jones (formerly Akers) v. W. Va. Public Employees Retirement System, etc.

235 W. Va. 602 · West Virginia Supreme Court · Jun 10, 2015

A family court has the necessary authority to posthumously enforce, revise, modify, or amend a domestic relations order for the purpose of establishing such order as a qualified domestic relations order. … Clearly, the model QDRO language anticipates and provides for the necessary continuing jurisdiction in the family court to “revise, modify, or amend this Order insofar as is necessary to establish or maintain its qualification

Dingess v. Drake

135 W. Va. 502 · West Virginia Supreme Court · Mar 1, 1951

Precedents in will cases serve only to establish general principles applicable alike to all. … Any language, technical or otherwise, which clearly indicates the intention of testator to dispose of his property to certain persons, either named or ascertainable, is sufficient for the purpose of a will. Runyon v.

State v. Hall

91 W. Va. 648 · West Virginia Supreme Court · Oct 3, 1922

Under the law governing the subject, *653 the appellant was clearly the bona fide owner of the property in question, even though it were necessary to hold the contract to have been one of conditional sale. … Hence,. *654 this statute does not establish any policy abrogating, nullifying or qualifying the Pennsylvania contract here involved, in respect of such right, and that statute cannot be invoked to influence, control or affect

Roy D. Lawson v. US Steel Corp.

West Virginia Supreme Court · Jul 15, 2013

could become qualified through short-term training. … The Office of Judges concluded that the preponderance of the evidence fails to establish that Mr.

Harris v. Martinka Coal Co.

201 W. Va. 578 · West Virginia Supreme Court · Dec 5, 1997

After hearing post-trial motions, the circuit court set the verdict aside as being “clearly influenced by passion, partiality and prejudice” and granted the defendant a new trial. … Another means for removing immunity is found in W.Va.Code, 23-4-2(c)(2)(i) [1994], which removes an employer's immunity if "[i]t is proved that such employer ... acted with a consciously, subjectively and deliberately formed

Certegy Check Services v. Janice Fuller

241 W. Va. 701 · West Virginia Supreme Court · May 17, 2019

Oct. 26, 2018) (memorandum decision) (quoting Virginian Export and stating that these fundamentals are “well-established”). According to Ms. … We have also held that, “[a] circuit court’s order denying summary judgment on qualified immunity grounds on the basis of disputed issues of material fact must contain sufficient detail to permit meaningful appellate review

Maikotter v. University of West Virginia Board of Trustees/West Virginia University

206 W. Va. 691 · West Virginia Supreme Court · Dec 14, 1999

Maikotter had not established that WVU’s interpretation of W. Va.Code § 18B-7-l(d) “exceeded its constitutional or statutory authority, was arbitrary and capricious, or otherwise improper.” … If more than one qualified, nonexempt classified employee applies, the best-qualified nonexempt classified employee shall be awarded the position.

Wooddell v. Dailey

160 W. Va. 65 · West Virginia Supreme Court · Dec 7, 1976

Code, 11-15-6, provides that all sales and services are presumed to be subject to *67 the tax until the contrary is clearly established. … We find, therefore, that the appellee has failed to establish that interior decorating is clearly established as a profession whose practice involves rendering professional services which are excepted or exempted under the

John Keener d/b/a Mountaineer Inspection Services, LLC v. Matthew Irby, State Tax Commissioner of West Virginia

West Virginia Supreme Court · Nov 8, 2021

This Office’s goal in establishing the requirement that an occupation must require a four-year college degree in order to be considered a profession is to establish a clear, bright … Sept. 21, 1998) (“Based upon the review of the criteria, the Petitioner has failed to meet the burden of proof required to clearly establish that home inspection service is a professional service.

State v. PRESTON CTY. BD. OF EDUC.

488 S.E.2d 34 · West Virginia Supreme Court · Jul 15, 1997

Serdich has not established that Milne's position was ever `open' so that the statutory requirements of W.Va.Code § 18A-4-7a, would then be applicable. … Milne's absence was clearly anticipated to be temporary.

Doe v. Wal-Mart Stores, Inc.

210 W. Va. 664 · West Virginia Supreme Court · Dec 13, 2001

Doe was entitled to exercise her peremptory strikes from a jury panel consisting of qualified, impartial and unbiased jurors. See Davis v. … However, the absence of an express assignment of such control does not automatically immunize the lessee from liability. .Ms. Doe also assigned error to Defendant's Instruction No. 20.

Shroades Ex Rel. Shroades v. Henry

187 W. Va. 723 · West Virginia Supreme Court · Jul 22, 1992

However when the by-laws do not clearly indicate that peer review is a function of the committee, the party asserting the privilege has the burden of presenting additional information. … The by-laws do not clearly specify if the special committee and the medical staff committee are “review organizations.”