Case law

PILGRIM'S PRIDE CORP. v. Morris

228 W. Va. 596 · West Virginia Supreme Court · Dec 16, 2011

principal activity is the business of farming_” W.Va.Code § 11-1A-10(b) (2008). this statutory requirement as controlling, the trial court reasoned that Pilgrim’s Pride could only rely on the “farm” exemption if it could first establish … Those independent farmers, the lower court opined, would clearly be entitled to the “farm” exemption under discussion.

Blevins v. Beckley Magnetite, Inc.

185 W. Va. 633 · West Virginia Supreme Court · Jul 29, 1991

In Maples, not only was it clearly established that it was the general practice of employees to take the hot grease out the back door and down the grassy slope without a lid, but it was also established that the employer … As previously held by this Court in syllabus point 1 of Mayles “[t]he statute creating a legislative standard for loss of employer immunity from civil liability for work-related injury to employees found in W.Va.Code § 23

State v. Wood

194 W. Va. 525 · West Virginia Supreme Court · Jul 14, 1995

that point will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.” … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Davis Memorial Hospital v. West Virginia State Tax Commissioner

222 W. Va. 677 · West Virginia Supreme Court · Oct 14, 2008

established. … Va.Code, 11-15-6, provides that *684 all sales and services are presumed to be subject to the tax until the contrary is clearly established.

State of West Virginia ex rel. Catie Wilkes Delligatti, Prosecuting Attorney of Berkeley County v. The Honorable Bridget Cohee, Judge of the Circuit Court of Berkeley County, and Lateef Jabrall McGann

West Virginia Supreme Court · May 26, 2023

Code § 61-5-17(f), as a “qualifying offense” in West Virginia Code section 61-11-18(a). 3 See W. Va. … any event, we find that Housden is not controlling, and in light of the Rule 10(e) violation see no need to discuss it. 5  West Virginia Code section 61-11-19 establishes

McClure v. Norfolk & Western Railway Co.

83 W. Va. 473 · West Virginia Supreme Court · Feb 25, 1919

On the other hand, plaintiffs contend that, Kenova being a station at which defendant maintained a regular freight agent, the provision does not apply, that the phrase, “at which there is no regularly appointed agent,” qualifies … It is clearly established by the evidence that Kenova is a station at which defendant maintains a regularly appointed agent; and the fact that plaintiffs’ private siding was from a half to three-quarters of a mile distant

State Ex Rel. Musick v. Londeree

145 W. Va. 369 · West Virginia Supreme Court · Jun 28, 1960

Jones, theretofore a lieutenant in the police department, was promoted and qualified *371 as a captain in the police department, and that relator was then the only sergeant on the police force eligible to the vacancy of a … In the instant proceeding the admission that there is no set number of lieutenants in the City of South Charleston clearly raises the question of whether the position formerly occupied by Lieutenant Jones, which relator claims

State Ex Rel. Krivchenia v. Karl

215 W. Va. 603 · West Virginia Supreme Court · Mar 16, 2004

Further, “[w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that … Men-delson was not qualified as an expert in the relevant area of pediatric orthopedic surgery. The circuit court based its decision upon Dr.

McCoy v. Fisher

136 W. Va. 447 · West Virginia Supreme Court · Nov 27, 1951

As to general elections it is established that the fixing of the time for the election either by law or by the Constitution is in itself notice which all electors must heed; and hence, where an officer is charged with the … The difference between them clearly appears from point two of the syllabus in the Morris case which holds that “As to mistakes and irregularities in elections, a distinction exists between those made by the voter and those

State v. McCallister

178 W. Va. 77 · West Virginia Supreme Court · May 15, 1987

Although there was ample evidence to show aiding and abetting *80 after the robbery, she was immune to prosecution from this crime based on W.Va. … and abetting” and “at least two specific points would be very clearly exculpatory of the defendant that’s on trial today.”

Bower v. DAILY GAZETTE COMPANY

143 W. Va. 719 · West Virginia Supreme Court · Jul 3, 1958

that while the record in the England case was such as to warrant the conclusion that plaintiff therein received no part of any premium paid to the insurance agency by which he was employed, the record in the instant case establishes … responsibility not to maliciously and untruthfully defame an individual citizen, and not to unfairly and unreasonably comment on such actions, though in certain types of cases, not involved here, absolute privilege, and immunity

Kanawha County Board of Education v. Brenda Hall and Antonia Vaughan

West Virginia Supreme Court · Nov 6, 2023

The circuit court concluded that the Grievance Board’s decision was “clearly erroneous as it goes against the plain meaning of the statute.” … Clearly, there is no merit to this argument as amendments to statutes do not nullify the previous version of the law.

Walker Dry Goods Co. v. Mass. Bonding & Insurance

90 W. Va. 122 · West Virginia Supreme Court · Jan 31, 1922

s second proposition, which is, that, assuming the statutory requirement of a permit, nevertheless a minor under sixteen, but over fourteen, employed without such permit is within the age fixed by law, the litigants are clearly … An automobile indemnity policy contained a qualifying provision similar to that of the policy here considered.

FOUNTAIN PLACE CINEMA 8, LLC v. Morris

227 W. Va. 249 · West Virginia Supreme Court · Feb 17, 2011

Clearly, the Legislature did not intend this financially crippling definition. … For example, under Syllabus point 4, every qualified bar 5 in the State that has a pool table or any other type of “diversion” now qualifies for the tax credit under the Economic Opportunity Tax Credit Act.

Jill C. Barber v. Camden Clark Memorial Hospital Corp.

815 S.E.2d 474 · West Virginia Supreme Court · May 31, 2018

Given the inclusion of the words "without restriction" in West Virginia Code § 57-5-4a(a), documentation of mental health treatment clearly falls within the definition of "records," which are subject to disclosure pursuant … However, those mental health records are also clearly deemed "confidential information" and not subject to disclosure under West Virginia Code § 27-3-1(a) unless one of the exceptions set forth in West Virginia § 27-3-1(b

Anderson v. Live Plants, Inc.

187 W. Va. 365 · West Virginia Supreme Court · Jun 11, 1992

Anderson can move his arm, his hand is in a locked position close to his body and his handicap is clearly visible. Mr. … In the present case, the record establishes that Mr. Anderson has a severe *368 ly deformed right hand and arm. It is obvious that a deformed right hand and arm substantially limit a person’s major life activities.

State of West Virginia v. Michael Paul Conn

West Virginia Supreme Court · Mar 21, 2022

Conn argues that “qualifying offense” is clearly and unambiguously defined by the Act as any crime listed in West Virginia Code § 15-12-2(b)(2) (eff. 2018), 5 5 West Virginia Code § 15-2 … Conn being twenty-two[.]” 7 A review of the Act clearly shows that convictions pursuant to West Virginia Code § 61-8B-5 are explicitly enumerated as “qualifying offenses.” See supra W. Va. Code § 15-12-2(b)(2).

State of West Virginia v. Michael Paul Conn

West Virginia Supreme Court · Mar 21, 2022

Conn argues that “qualifying offense” is clearly and unambiguously defined by the Act as any crime listed in West Virginia Code § 15-12-2(b)(2) (eff. 2018), 5 5 West Virginia Code § 15-2 … Conn being twenty-two[.]” 7 A review of the Act clearly shows that convictions pursuant to West Virginia Code § 61-8B-5 are explicitly enumerated as “qualifying offenses.” See supra W. Va. Code § 15-12-2(b)(2).

Edwin Brownlow Pound v. Donna Marie Tucker

West Virginia Supreme Court · Nov 21, 2014

Also, it has been long established that a litigant is only entitled to a fair trial, but not a perfect trial “because such a thing does not exist.” Sprouse v. … “Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion

Gooch v. Gooch

70 W. Va. 38 · West Virginia Supreme Court · Nov 28, 1911

True, the statute says that an executor shall not have powers as such until he qualify by taking oath and' giving bond; but we think the presumption would be that the executrix has so qualified as it is averred that she was … That he has is well established. Sheldon on Subrogation, section 140; Wheatley v. Calhoun, 13 Leigh 264 , 27 Am. & Eng. Ency. L. 223; opinion in Sands v. Disham, 99 Va. 263 , 86 Amer. St. R. 884 and note.