Case law

Selwyn Vanderpool v. CPL B.M. Hunt and Greenbrier County Sheriff Department

241 W. Va. 254 · West Virginia Supreme Court · Jan 31, 2019

It is well established that “[a]ppellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo.” Syl. Pt. 2, State ex. rel McGraw v. … Applying our rules of statutory construction, we find that the respondents clearly fall with the definition of “state entity” as set forth in the Act.

Haynes v. Rhone-Poulenc, Inc.

206 W. Va. 18 · West Virginia Supreme Court · Jul 16, 1999

“Qualified Person With A Disability” and “Reasonable Accommodation” The defendant argues that the verdict for the plaintiff should be overturned because as a matter of law, the plaintiff did not establish the first element … If plaintiff was initially qualified to drive a truck, which defendant stipulates is true, and with accommodation he would continue to be qualified, then plaintiff is a qualified individual with a disability who is protected

State Ex Rel. Bennett v. Sims

131 W. Va. 312 · West Virginia Supreme Court · Mar 16, 1948

In the same case it was held that, whether or not an appropriation is for public or for private purpose, is a judicial question; and that if it does not clearly appear that the appropriation is for a purely private purpose … There being no way by which the immunity of the State can be waived, under our existing Constitutional provisions, it seems to us that any discussion of these points would be purely academic.

Board of Education v. Townsend

207 W. Va. 285 · West Virginia Supreme Court · Apr 25, 2000

Appellant challenged the Board’s decision on the ground that she was more qualified than Ms. Foy. … Id. .As the Board emphasizes, the grievant has the burden of proving by a preponderance of the evidence the facts necessary to establish her claim in a non-selection case.

Hock v. City of Morgantown

162 W. Va. 853 · West Virginia Supreme Court · Apr 3, 1979

be *855 passed except by an affirmative vote of at least four-fifths (4/5) of the members of the Common Council, is valid since it is undisputed that: (1) the Morgantown Planning Commission disapproved the amendment; (2) qualifying … Appellees contend that the above quoted section provided that only a simple majority vote is required to adopt or amend any ordinance while appellants contend that the charter merely established a minimum majority requirement

Marion National Bank v. Harden

83 W. Va. 119 · West Virginia Supreme Court · Nov 15, 1918

Section 33 says: “An endorsement may be either in blank or special; and it may also be either restrictive or qualified, or conditional.” … The definitions of each of these classes given in the succeeding sections clearly exclude the endorsements on the notes sued on, unless it be a qualified endorsement de-find by section 38 as follows: “A qualified endorsement

Dadisman v. Moore

181 W. Va. 779 · West Virginia Supreme Court · Mar 17, 1989

Instead, they have chosen to enter a “special appearance” primarily for the purposes of arguing their immunity from suit. … First, although immunity for discretionary acts is the general rule, it has long been established that “[m]ere ministerial duties of legislative officers, not involving the exercise of any discretion or of legislative functions

State Ex Rel. Zirk v. Muntzing

146 W. Va. 878 · West Virginia Supreme Court · Dec 12, 1961

If the de *896 fense is clearly made out and put beyond question, the trial court may exceed its jurisdiction by rendition of a judgment of conviction.” (Emphasis supplied). … (unless there was an actual acquittal upon a prior trial) is not directed toward establishing the defendant’s innocence but is an assertion of a constitutional grant of immunity.

Hedrick v. County Court of Raleigh County

153 W. Va. 660 · West Virginia Supreme Court · Feb 10, 1970

library, or to take over, maintain or support any public library already established.” … The general statute relating to the establishment and maintenance of public libraries is permissive in character.

Moczek v. Bechtold

178 W. Va. 553 · West Virginia Supreme Court · Oct 21, 1987

York, 175 W.Va. 740 , 338 S.E.2d 219, 221 (1985), this Court stated: “W.Va.Code, 17C-5-9 [1983] clearly does not require blood tests. … W.Va.Code 17C-5-4 [1983] provides: "Where the request is made to take the ultimately designated test under the implied consent law and the licensee by his conduct or words manifests a reluctance to take the test or qualifies

In Re: D.R. and A.F.

West Virginia Supreme Court · Jun 10, 2013

These findings shall not be set aside by a reviewing court unless clearly erroneous. … This Court reminds the circuit court of its duty to establish permanency for the children.

State Ex Rel. Russell v. Leedy

141 W. Va. 474 · West Virginia Supreme Court · Feb 21, 1956

Clearly, it is the import of Code, 61-7-4, that a bond given under that statute dispense with the necessity for a special police officer to give another and different bond under Code, 61-7-2. … It is supported by long established authority: “ * * * ‘that it (an action of covenant) cannot be maintained, except against a person who by himself, or some other persons acting in his behalf, has executed a deed under seal

Harrison v. Miller, Exec.

124 W. Va. 550 · West Virginia Supreme Court · Jun 30, 1942

The record establishes clearly that there was no occasion for defendant to have paid the indebtedness to Emma Miller for she testified that prior to defendant’s payment of the note, she had neither demanded payment thereof … The record establishes the fact that defendant has placed valuable improvements on the land.

Johnson v. Bee

84 W. Va. 532 · West Virginia Supreme Court · Sep 23, 1919

Their inspection of these letters also qualified them to express opinions as to the genuineness of the signature in question. … Besides, it is clearly revealed by their contents — messages of solicitude, advice and love from mother to daughter.

State of West Virginia v. Timothy M. Conner, II

West Virginia Supreme Court · Mar 15, 2021

This Court has established that “[t]he appellate standard of review of questions of law and certified by a circuit court is de novo.” Syl. Pt. 1, Gallapoo v. Wal- Mart Stores, Inc., 197 W. … Both statutes clearly reflect that an overdose event is, by its very nature, emergent and life threatening, demanding immediate medical intervention.

Largent v. West Virginia Division of Health

192 W. Va. 239 · West Virginia Supreme Court · Nov 23, 1994

However, as expressed in the Preamble, supra, the Legislature clearly contemplated a system that recognized and rewarded merit. Thus, within a classification, salaries are subdivided into different pay steps. … of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires

Isaac v. Ramsey v. W. Va. Office of Insurance Commissioner/American National Rubber

West Virginia Supreme Court · Mar 27, 2013

The Office of Judges held that the preponderance of the evidence did not establish that Mr. … Ramsey has been deemed to have reached medical maximum improvement and failed to qualify for additional treatment as a flare-up since he has not returned to work. On September 1, 2009, Dr. Guberman concluded that Mr.

West Virginia Division of Corrections and Rehabilitation v. Mike Tencer

West Virginia Supreme Court · Jan 22, 2025

Tencer qualified for Cervical Category IV, allowing for 25-28% WPI, requiring no further adjustment. Regarding apportionment, Dr. Lultschik noted Mr. … The ICA concluded that the Board of Review was not clearly wrong to rely on Dr.

West Virginia Consolidated Public Retirement Board v. Carter

219 W. Va. 392 · West Virginia Supreme Court · Jun 14, 2006

Va.Code § 5 — 10— 1, et seq.)] the Teachers Retirement System (established in W. Va.Code § 18-7A-1, et seq.)] the Teachers Defined Contribution Retirement System (established by W. … Va.Code § 18-7B-1, et seq.)] the West Virginia State Police Death, Disability and Retirement Fund (established by W. Va.Code § 15-2-1, et seq.)] the West Virginia State Police Retirement System (established by W.

State of West Virginia v. Fritts

West Virginia Supreme Court · Oct 29, 2021

Holz was not “qualified and is not being offered as an expert in GPS.” … For the reasons set forth herein, we find that the circuit court did not clearly abuse that discretion in allowing Mr.