Case law

Francis McGuire and Equity Capital, LLC v. Keith McGuire

Intermediate Court of Appeals of West Virginia · Aug 29, 2025

June 16, 2017) (memorandum decision) (restating assignments of error where they involve clearly related issues). … This is simply a challenge to the circuit court’s factual findings that fails to demonstrate that they were clearly erroneous.

Xerxes R. v. Richard and Nancy P.

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Timothy Saar of Saar Psychological Group, who was qualified as an expert. Dr. Saar testified that grandparent visitation would be in the children’s best interest and would aid in preserving their memory of Mother. Dr. … Here, the record contains ample evidence to support the circuit court’s rulings and does not establish that Father’s due process rights were infringed in any manner.

David G. Maher and Amy C. Maher v. Camp 4 Condominium Association, Inc.

Intermediate Court of Appeals of West Virginia · Nov 15, 2023

Association allegedly violated, and they presented no names of Association directors who they allege had knowledge of any violations of a specific applicable health or building 6 Section 36B-4-109(b) also immunizes … Clearly, ‘construction defects’ are synonymous with building and health and safety code 7 The Mahers arguments to this Court make numerous general references to hundreds of pages of pleadings and exhibits

Anthony W. Ferris v. Special Metals Incorporated

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Phillips’ office are unreadable, but “it is certain that the examiner is not CCC-A qualified as required.”4 Mr. … Raising a mere specter of allegations, wholly unsupported by the record, does not establish error.

Paul C. Hall and Connie J. Hall v. John Lilly, Kerrie Lilly, and Faith Builders Construction, LLC

Intermediate Court of Appeals of West Virginia · Mar 24, 2025

Hamilton, who is also a family member to the Halls, does not hold other professional licenses and admitted during his deposition that he was not a qualified home inspector. According to Mr. … In sum, the Halls maintain that the evidence is clearly against the jury’s verdict and the circuit court erred by not granting a new trial. We find no merit in this argument.

Anthony W. Ferris v. Special Metals Incorporated

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Phillips’ office are unreadable, but “it is certain that the examiner is not CCC-A qualified as required.”4 Mr. … Raising a mere specter of allegations, wholly unsupported by the record, does not establish error.

Michelle Gordon v. Jefferson County Commission, Tricia Jackson, individually and in her official capacity as Jefferson County Commissioner, and Thomas Hansen, individually and in his official capacity as Jefferson County Sheriff

Intermediate Court of Appeals of West Virginia · Sep 10, 2025

complaint adequately pleads claims for defamation, invasion of privacy, and whistle-blower retaliation.4 4 The parties have also briefed the issue of whether the respondents were entitled to statutory immunity … “The ‘public figure’ doctrine in privacy law operates in the same manner as qualified privileges operate in defamation law.

HD Media Company, LLC d/b/a Charleston Gazette-Mail v. West Virginia University Board of Governors

Intermediate Court of Appeals of West Virginia · Jul 23, 2024

Significantly, we really do not know how most of the topics at issue allegedly qualify as “commercial competition.”13 The Board never explained how each topic of discussion qualifies, leaving it to the circuit … To do so, it must establish that the topic implicates and fits within the scope of the commercial competition exception.

Adrian Osborne v. Kevin Mace, M.D., Montana Boyce, R.N., United Hospital Center, Inc., and West Virginia University Board of Governors

Intermediate Court of Appeals of West Virginia · Nov 12, 2025

Va. 138, 459 S.E.2d 415 (1995), that “[w]here the issue on an appeal from the circuit court 3 is clearly a question of law or involving an interpretation of a statute, we apply … Osborne maintains that the SCAWV established in Shelley D. Whitlow v. Board of Education of Kanawha County, 190 W.

Donald C. Nichols v. Maroney Williams Weaver & Pancake PLLC and Patrick K. Maroney

Intermediate Court of Appeals of West Virginia · Nov 13, 2023

The claim administrator denied his claim 1 “[M]ultiple myeloma is a cancer of the plasma cell, a cell which arises in bone marrow and is an important part of the immune system as it provides antibodies … Nichols’ workers’ compensation benefits because no medical evidence had been presented to establish that Mr.

Helen Bradley v. Ohio County Board of Education and Katrina Lewis

Intermediate Court of Appeals of West Virginia · Nov 12, 2024

Bradley decided to apply for other teaching positions available within the school system for which she was qualified. Ms. … Lewis’ conduct did not establish an adverse employment action, in that the allegations against Ms. Lewis cannot establish “a significant change in employment status” as required by law.

Homesite Insurance Company of Florida v. Zurich American Insurance Company and J.F. Allen Company, Inc.; and Zurich American Insurance Company v. Homesite Insurance Company of Florida and J.F. Allen Company, Inc.

Intermediate Court of Appeals of West Virginia · Jun 11, 2026

Insured was defined as “any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage.” Loss was stated as a “direct and accidental loss or damage.” … Zurich argues that in Huggins, the SCAWV “clearly adopted” the theory of liability approach and rejected the cause of injury approach. We disagree.

The City of South Charleston and City of South Charleston Property Board v. M. Alex Urban and West Virginia Department of Agriculture

Intermediate Court of Appeals of West Virginia · Feb 24, 2026

Urban’s property does not meet the definition of agricultural land, his beekeeping activity qualifies as an agricultural operation, and as a result, the Right to Farm Act protects Mr. … With these established principles in hand, we proceed to the matter on appeal.

Venable Royalty, LTD, and V14, LP v. EQT Production Company, ET Blue Grass, LLC, and AMP IV, LP

Intermediate Court of Appeals of West Virginia · Oct 8, 2024

However, it has been well settled in West Virginia that an interest in oil and gas in place is a real property interest.5 Further, it is well established that a royalty in oil and gas that is produced, or brought to the … Bennett,7 [. . .], wherein the word ‘produced’, qualifying a reservation of oil and gas, was held not to mean oil and gas in place.” McIntosh v. Vail, 126 W. Va. 395, 401, 28 S.E.2d 607, 610 (1943).

Arthur R. Poff v. Pamela A. Poff

Intermediate Court of Appeals of West Virginia · Mar 13, 2024

Although mental capacity is necessary, it is not sufficient to establish the existence of a valid gift. … Va. 781, 785, 364 S.E.2d 794, 798 (1987) (“when real property… [is] at stake, it requires considerably more than the simple fact that property was transferred from one spouse to the other to establish a qualified… gift.”)

Chandra T. v. Robert M.

Intermediate Court of Appeals of West Virginia · Feb 9, 2026

Timothy Saar, Ph.D., conducted a parental fitness evaluation of Father and recommended that Father participate in counseling with an individual qualified in dealing with personality disorders. … Mother’s simple disagreement with the family court’s weighing of this evidence does not establish error.

HP, Inc. v. Judith Thomas

Intermediate Court of Appeals of West Virginia · Jun 13, 2024

Thomas had expended considerable time and effort in the case during that time; and that HP failed to establish issues of material fact or meritorious defenses. … West Virginia law clearly precludes the recovery of attorney fees for a self-represented litigant. See Smith v. Bradley, 223 W.

Chandra T. v. Robert M.

Intermediate Court of Appeals of West Virginia · Feb 9, 2026

Timothy Saar, Ph.D., conducted a parental fitness evaluation of Father and recommended that Father participate in counseling with an individual qualified in dealing with personality disorders. … Mother’s simple disagreement with the family court’s weighing of this evidence does not establish error.

Carbon Energy Corporation, Carbon West Virginia Company, LLC, n/k/a DP Bluegrass, LLC, and Diversified Gas and Oil Corporation v. Shonk Land Company, LLC

Intermediate Court of Appeals of West Virginia · May 22, 2025

Va. 194, 832 S.E.2d 120 (2019) (“If a circuit court finds that a . . . contract . . . is ambiguous and does not clearly express the intention of the parties, 7 While we do not need to establish support … However, “[a]ttorneys’ fees incurred in removing spurious clouds from a title qualify as special damages in an action for slander 30 of title.” Syl. Pt. 6, TXO Prod.

Carbon Energy Corporation, Carbon West Virginia Company, LLC, n/k/a DP Bluegrass, LLC, and Diversified Gas and Oil Corporation v. Shonk Land Company, LLC

Intermediate Court of Appeals of West Virginia · May 22, 2025

Va. 194, 832 S.E.2d 120 (2019) (“If a circuit court finds that a . . . contract . . . is ambiguous and does not clearly express the intention of the parties, 7 While we do not need to establish support … However, “[a]ttorneys’ fees incurred in removing spurious clouds from a title qualify as special damages in an action for slander 30 of title.” Syl. Pt. 6, TXO Prod.