Case law

IPI, Inc. and Matthew Joseph Taylor v. Axiall Corporation and Eagle Natrium, LLC

Intermediate Court of Appeals of West Virginia · Jan 30, 2024

No inference from words of general import can establish such indemnification. Id. at 7. … percentages of fault under West Virginia Code § 55-7-13d (2016), the trier of fact must consider the fault of all persons who contributed to the alleged damages regardless of whether immunity

City of Parkersburg v. Wayne White, Michael Wood, Joshua Gandee, adn all others similarly situation and International Association of Fire Fighters Local 91

Intermediate Court of Appeals of West Virginia · Dec 27, 2023

In 2008, the City of Parkersburg established a new longevity increment to its hourly rate of pay for fire civil service employees. … The second prong is not in dispute, as the IAFF Local 91 is a lobbying and advocacy group for firefighters and its interests are clearly aligned with those of the respondents.

The Shumard Foundation, Inc. v. UMB Bank, N.A., in its capacity as Successor Master Trustee under that certain Master Trust Indenture dated as of August 31, 2007, between Ohio Valley University, Inc., and United Bank, Inc., and B. Riley Financial Inc., and Ohio Valley University, Inc.

Intermediate Court of Appeals of West Virginia · Feb 27, 2026

Under this statute, the parties dispute whether the PPLP Note qualifies as an instrument under the “any other writing” portion of the statute.7 Shumard avers that the PPLP Note does not qualify as an instrument because it … This is insufficient to establish error on appeal.

K.C. v. Appalachian Community Health Centers, Inc.

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Thaxton noted that K.C. did not qualify for additional therapy. … We agree with the Board’s determination that K.C. failed to establish by a preponderance of the evidence that any of the claim administrator’s orders she appealed should have been reversed or that any issue should have been

The Silver Creek Association, Inc. v. Matthew Irby, in this official capacity as State Tax Commissioner of the State of West Virginia, and Johnny Pritt, in his official capacity as Assessor of Pocahontas County, West Virginia

Intermediate Court of Appeals of West Virginia · Nov 14, 2024

The circuit court upheld the Tax Commissioner’s ruling that Petitioner Owners’ condominium units did not qualify as Class II properties1 but instead were properly classified as Class III for ad valorem property tax purposes … matter jurisdiction over those tax years. 5 ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly

West Virginia Division of Highways v. Rodney Gauvin

Intermediate Court of Appeals of West Virginia · Jun 2, 2026

Gauvin established that he was entitled to a 14% PPD award. WVDOH now appeals the Board’s order. … Instead, WVDOH argues that the Board was clearly wrong for not adopting Dr. Martin’s report. The Board did not commit error when it found that Dr.

Thomas A. Cummings, Individually and as of the Estate of Cynthia M. Cummings v. Ward J. Paine, M.D., and Benjamin Klennert, P.A.

Intermediate Court of Appeals of West Virginia · Mar 14, 2024

Va. 138, 459 S.E.2d 415 (1995), that “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation.

West Virginia Mutual Insurance Company v. Steven R. Matulis, M.D.

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

The complaint contains four counts, one of which clearly alleges negligence on the part of Matulis. … Thus, he would not qualify for coverage when his counsel notified Mutual on March 20, 2017, if that were the first notice received by Mutual.

Ameriprise Financial, Inc. v. Charles E. Vallandingham (Judge White, dissenting)

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

Ameriprise reversed the transaction and fined Beck $847, but it failed to report Beck to FINRA even though the transaction clearly violated FINRA rules. … “To be sure, it is well established that a general, boilerplate disclaimer of a party’s representations cannot defeat a claim for fraud.” Dallas Aerospace, Inc. v.

Gray Media Group, Inc., d/b/a WSAZ v. West Virginia Department of Health and Human Resources

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

In order to qualify as an “internal memorandum” a document must be both predecisional and deliberative. Syl. Pt. 5, Highland Min. Co. v. WVU Sch. Of Med., 235 W. … Code § 29B-1-4(a) (establishing “a presumption of public accessibility to all public records”).

Timothy D. v. Rachelle D.

Intermediate Court of Appeals of West Virginia · Nov 21, 2025

Therefore, we find that the family court’s findings that Father caused the children emotional harm through his AppClose messages with Mother are clearly erroneous. … Further, to the extent the family court found that Father pressured Mother into signing her response brief filed with this Court, the family court’s finding was clearly erroneous.

Jeremiah L. Jones v. Town of Lumberport, West Virginia, a political subdivision of West Virginia

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

It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation. … The denial of these rights to properly qualified persons by reason of …sex,… is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society.

G&G Builders, Inc. v. Central Mutual Insurance Company; G&G Builders, Inc. v. Builders Premier Mutual Insurance Company; and Central Mutual Insurance Company v. G&G Builders, Inc.

Intermediate Court of Appeals of West Virginia · Nov 13, 2025

Thus, we begin our review of the consolidated cases by establishing our jurisdiction to review such cases. … We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous

Tessa Warren, individually and in her capacity as Administratrix of the Estate of Kevin M. Warren v. Appalachian Power Company (Judge White, concurring)

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

Similarly, “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, Chrystal R.M. v. … Appalachian also cited the specific federal regulation addressing whether an existing object qualifies as an “obstruction to air navigation,” 14 C.F.R. § 77.17, and argued that this regulation established the duty applicable

In Re: Petition of D.K. for Expungement of Record

Intermediate Court of Appeals of West Virginia · Aug 7, 2023

Va. 660, 76 S.E.2d 885 (1953)). 3 In fact, this concept was established long before West Virginia was even a state. … “Exchange,” absent other qualifying language, generally, means “the act or process of substituting one thing for another” or “reciprocal giving and receiving.”

PITA, LLC, and Milan Puskar revocable Trust Restated 9/28/11 v. Scott S. Segal and Scott S. Segal v. PITA, LLC, the Milan Puskar Revocable Trust Restated, 9/28/11

Intermediate Court of Appeals of West Virginia · Sep 11, 2023

emphasis added), the court stated: Bonds, given by a personal representative before the clerk of a county court in the vacation of the court as new bonds, after he had previously qualified … Absent some express language in the guaranty clearly and specifically providing a method for apportioning contributive shares among co-obligors, it is not an agreement among them.