Case law

Hodge v. Ginsberg

172 W. Va. 17 · West Virginia Supreme Court · Jan 28, 1983

The respondent contends that the petitioners are not qualified to receive adult protective services because they do not suffer from physical or mental infirmities as required by the department’s regulations. … Contrary to the respondent’s representations, the Social Services For Adults Act is clearly remedial legislation which should be construed to achieve its beneficial purposes. See, e.g., Gibson v.

Randolph County Board of Education v. Adams

196 W. Va. 9 · West Virginia Supreme Court · Dec 14, 1995

No procedure was established to separate children who may have been needy and qualified under other need based programs and either chose not to apply or simply failed to apply for assistance. … [instead] it establishes the framework of government with such specific restraints as are thought to be of eternal value and- hence worthy of immunity from passing differences of opinion”).

Laya v. Erin Homes, Inc.

177 W. Va. 343 · West Virginia Supreme Court · Dec 16, 1986

In other words, the incorporators who actively participate in the operation of the business are ■not entitled to personal immunity when they fail to provide the quid pro quo for such immunity, specifically, a reasonably adequate … However, the centralization of ownership is not a carte blanche to abrogate established procedure.”

West Virginia Alcohol Beverage Control Administration v. Scott

205 W. Va. 398 · West Virginia Supreme Court · Jun 18, 1999

that “[a] final order of the hearing examiner for the West Virginia Educational Employees Grievance Board, made pursuant to W.Va.Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly … the classified service of the agency or board in which the employee was employed prior to the agency or board’s transfer or incorporation into the department: Provided, That the employee shall possess the qualifications established

Ragle v. State Compensation Commissioner

125 W. Va. 450 · West Virginia Supreme Court · Mar 16, 1943

The factual situation appears to be clearly and fully established. … We are much concerned with what seems to be the conditional and qualified approval shown by the Commissioner’s certificate.

Whitlow v. Bd. of Educ. of Kanawha Cty.

190 W. Va. 223 · West Virginia Supreme Court · Nov 23, 1993

City of Fairmont Police Dep’t, 186 W.Va. 336 , 412 S.E.2d 737 (1991) (qualified tort immunity provisions upheld in W.Va.Code, 29-12A-5(b)). See also Pritchard v. … Arvon, 186 W.Va. 445 , 413 S.E.2d 100 (1991) (immunity of employees of a political subdivision under W.Va.Code, 29-12A-5(b)); O’Dell v.

Christo v. Dotson

151 W. Va. 696 · West Virginia Supreme Court · Jun 27, 1967

This principle was clearly stated in the case of Gorges v. … This matter is clearly covered in 25 Am.

SER MONONGAHELA POWER CO. v. Fox

227 W. Va. 531 · West Virginia Supreme Court · Jun 16, 2011

As a result, the four year statute of limitations established by the UCC for the sales of goods is controlling. … Having established that the agreement is a sale of goods under the UCC, we conclude that the four year statute of limitations period established by the UCC for sales contracts applies to this case.

State Ex Rel. Heavener v. Perry

155 W. Va. 353 · West Virginia Supreme Court · Nov 2, 1971

‘The weight of authority is clearly in favor of holding the voter, on the one hand, to a strict performance of those things which the law requires of him, and on the other of relieving him from the consequence of a failure … The opinion also uses this pertinent language: “The failure of a voter to perform an act prescribed by the election statutes ought not deprive him of the privilege of voting, unless the statute plainly and clearly, by express

State Ex Rel. Stollings v. Gainer

153 W. Va. 484 · West Virginia Supreme Court · Nov 20, 1969

One or more persons not qualified as experienced lawyers could make mere findings of fact and consequent recommendations to the legislature. … Perhaps only the legislature can waive or avoid the effect of the state's governmental immunity and that it can do so by making an appropriation for payment of a moral obligation.

Bruen v. Thaxton

126 W. Va. 330 · West Virginia Supreme Court · Nov 30, 1943

Had he so intended, he would have reserved the minerals without qualifying-words. … But whatever influence these authorities may be entitled to, it still remains true that, speaking from a *347 clearly legal standpoint, and as understood in this day, coal, while a mineral, is clearly distinguishable from

In re P.B., N.B., and A.B.

West Virginia Supreme Court · Oct 19, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The evidence established that petitioner failed to acknowledge the conditions of abuse and neglect, and demonstrated no insight to how his children were affected by his actions.

State v. Carter

168 W. Va. 90 · West Virginia Supreme Court · Sep 22, 1981

A reading of the testimony of this witness indicates that the witness was without doubt competent and qualified to testify. … In Wilson , the witness had not been qualified before he was sworn and testified.

State Ex Rel. Miller v. Stone

216 W. Va. 379 · West Virginia Supreme Court · Dec 23, 2004

According to subsection (f), the health care provider is entitled to pre-litigation mediation before a qualified mediator upon written demand to the claimant. … It is well established that this Court has the primary constitutional authority to administer and control the procedural aspects of litigation. See W.Va. Const. Art.

DEPT. OF EMPLOYMENT SEC. v. Manchin

361 S.E.2d 474 · West Virginia Supreme Court · Sep 16, 1987

Ironically, however, the federal government does not establish its own unemployment compensation plan to be implemented in those states that fail to establish qualifying state systems. … No reciprocal benefits in proportion to the employer taxes paid to the federal government are returned to states that fail to establish qualifying state employment security programs.

State Ex Rel. Bronaugh v. City of Parkersburg

148 W. Va. 568 · West Virginia Supreme Court · Jun 9, 1964

Public hospitals, however, are not entitled to that immunity. … The petitioner has been given no such opportunity here, although the record clearly shows that he many times has, attempted to obtain a hearing.

State ex rel. Board of Education v. Truby

171 W. Va. 772 · West Virginia Supreme Court · Mar 31, 1983

Board of Education, County of Lincoln, 170 W.Va. 310 , 294 S.E.2d 113 (1982) clearly establishes his right to appeal to the superintendent. … In August of 1977 he completed college coursework sufficient to qualify him for certification at the master’s degree plus thirty hours level established by W. Va. Code, 18A-4-1 [1977]. W.Va.

Somerville v. Somerville

179 W. Va. 386 · West Virginia Supreme Court · Apr 21, 1988

The appellant holds a master’s degree in English and Language Arts, and she is qualified to teach in the public schools of Ohio and West Virginia. … The facts as developed fail to show clearly that the court’s action with regard to temporary alimony, fees, and costs constituted an abuse of discretion.

Herold v. McQueen

71 W. Va. 43 · West Virginia Supreme Court · Apr 25, 1912

For the rule is, that the court must be clearly and strongly convinced of its unconstitutionality before it will be justified in declaring an act void. … We think clearly that the question is chiefly one of expediency, a matter for legislative, and not judicial, judgment.

State v. Freeland

81 S.E.2d 685 · West Virginia Supreme Court · May 5, 1954

That right, however, is clearly denied by the statute. … That it has not done so clearly signifies its lack of any such intention.