Case law

Hertzog v. Fox

141 W. Va. 849 · West Virginia Supreme Court · Jun 19, 1956

in the minutes of the council that the petitioner had been duly elected to the office of councilman but whether it did or did not issue and deliver to the petitioner a certificate of the result of the election does not clearly … Because of the marked difference between the statute involved and the facts established in the Qualls case and the applicable statute and the undisputed material facts in the present proceeding the decision in the Qualls

Peak v. Ratliff

185 W. Va. 548 · West Virginia Supreme Court · Jul 16, 1991

However, we also reject the standard set out by the Kansas Supreme Court in Thornton, which gives total immunity to the pursuing officer. … Akers, and requested that a roadblock be established at the intersection of Glenwood Road and Route 460, approximately 2.5 miles away. Mr.

Joshua Dwayne Plante v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex

West Virginia Supreme Court · Feb 20, 2024

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a de novo review.” … Further, petitioner’s claim of ineffective assistance of counsel is governed by the two-pronged test established in Strickland v.

In Re AB & C Group, Inc.

411 B.R. 284 · United States Bankruptcy Court, N.D. West Virginia · Jul 2, 2009

To the extent that the Services Agreement would qualify as a contract that the Trustee must assume under § 365, the Trustee is free to assume it. … Establishment of an employee benefits plan creates a trust, the assets of which must be held by a fiduciary. 29 U.S.C. § 1103 (a).

Neil Williams v. Dennis Dingus, Warden

West Virginia Supreme Court · Apr 17, 2015

We find that petitioner fails to show that this letter qualifies as newly discovered evidence under the applicable standard set forth in the Syllabus of State v. … III, § 17, prisoners have a Constitutional right to 5 In West Virginia, claims of ineffective assistance of counsel are governed by the two-pronged test established in Strickland v.

Peneschi v. National Steel Corp.

170 W. Va. 511 · West Virginia Supreme Court · Jul 7, 1982

Rylands controls and clearly tells us where the liability lies. … Standing alone this is clearly an incorrect statement of the law.

Paxton v. Crabtree

184 W. Va. 237 · West Virginia Supreme Court · Dec 6, 1990

Moreover, the Magistrate, under the test outlined above, would qualify as the employer of the magistrate assistant. … It is not urged that judicial immunity protects Magistrate King. In light of Forrester v.

United States v. Chandler

157 F. Supp. 753 · District Court, S.D. West Virginia · Dec 16, 1957

In that case the sufficiency of the indictment was attacked, and the court stated : “We think the indictment clearly stated an offense under 18 U.S.C.A. § 241 . … “We think, too, that the acts charged in the indictment clearly *755 came within both the letter and spirit of 18 U.S.C.A. § 241 .

Mandolidis v. Elkins Industries, Inc.

246 S.E.2d 907 · West Virginia Supreme Court · Aug 15, 1978

Certainly this does not establish intentional injury. … to be a deduction or conclusion from the facts so established.

Kolata v. United Mine Workers of America 1974 Pension Trust

533 F. Supp. 313 · District Court, S.D. West Virginia · Feb 19, 1982

The defendant 1974 UMWA Pension Trust was established pursuant to the provisions of the 1974 UMWA Pension Plan (1974 Plan). … In order to qualify for the Age 62 Pension, a participant must reach the age of 62 prior to retirement. Likewise, in order to qualify for an Age 55 Pension, a participant must reach the age of 55 prior to retirement.

Mountain State Beverage v. Daniel Skipper II

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

Keller qualified for and was capable of performing multiple career options. Mountain avers that here the claim administrator properly relied on Ms. … After review, we conclude that the Board was not clearly wrong in finding no credible evidence to establish that Mr. Skipper had been noncompliant with vocational rehabilitation.

Amy Crites v. Eastern W. Va. Community and Technical College, etc.

West Virginia Supreme Court · Mar 24, 2017

Terrell’s immunity. … The circuit court clearly imposed on Petitioner a higher standard than this Court has established for the sufficiency of pleadings in the context of a Rule 12(b)(6) motion.

State v. Riley

151 W. Va. 364 · West Virginia Supreme Court · Nov 22, 1966

Kidd appeared at the trial in answer to the summons issued by the state and was placed on the witness stand; whereupon, he refused to testify on advice of counsel unless he was granted immunity from prosecution. … All twelve qualified under cross examination as jurors to give the defendant a fair and impartial trial and stated that it would take evidence beyond a reasonable doubt for conviction.

Mission Coal Company, LLC v. William Dempsey

West Virginia Supreme Court · Nov 26, 2024

Haley Bunn 3 To qualify to file a claim for occupational pneumoconiosis benefits in West Virginia, a claimant must show he or she was exposed to a dust hazard in the state for a continuous period of … In addition, the claimant must establish that he or she was exposed to the hazards of occupational pneumoconiosis in sufficient amounts for sixty continuous days while working for the employer to be charged. See W. Va.

Brady v. Deals on Wheels, Inc.

208 W. Va. 636 · West Virginia Supreme Court · Jan 11, 2001

In the present case, the lower court found that the Appellant had failed to establish a prima facie case of negligence since the element of proximate cause had not been sufficiently established by credible evidence. … ordinarily be disturbed unless it clearly appears that its discretion has been abused.”

Committee On Legal Ethics of West Virginia State Bar v. Pietranton

143 W. Va. 11 · West Virginia Supreme Court · Jul 2, 1957

His unreliability is clearly demonstrated by the numerous differences in his testimony, as *25 given at different times, his biased attitude as a witness, and by his several attempts to obtain immunity from prosecution as … effect in the determination of the question as to the sufficiency of the evidence to fully and clearly establish the charges contained in the complaint of the committee. *31 It is strongly contended that the fact that three

Hundley v. Martinez

151 W. Va. 977 · West Virginia Supreme Court · Dec 12, 1967

It is contended by the defendant in the instant case that the plaintiff’s evidence “fell woefully short of establishing conduct on the part of the defendant which served to obstruct plaintiff in his right of recovery and … It appears therefrom that Doctor Loewe’s credentials relating to his medical education and train *993 ing, Ms varied practice and wide experience and Ms medical association membersMps clearly are adequate to qualify Mm as

Amy Crites v. Eastern W. Va. Community and Technical College, etc.

West Virginia Supreme Court · Apr 7, 2017

Terrell’s immunity. … The circuit court clearly imposed on Petitioner a higher standard than this Court has established for the sufficiency of pleadings in the context of a Rule 12(b)(6) motion.

Burgess v. State Road Commission

2 Ct. Cl. 140 · West Virginia Court of Claims · Jul 22, 1943

He testified very clearly as to the point where the automobile was precipitated over the embankment. … The immunity of a state from liability for torts of its servants and agents rests on public policy. Id. The state cannot waive its constitutional immunity from suit.

Price v. Sims

134 W. Va. 173 · West Virginia Supreme Court · Mar 28, 1950

The facts alleged in the petition, which upon demurrer must be taken as true, and as established by the evidence produced before the State Court of Claims, clearly show the negligence of the State Road Commission in the failure … The immunity of the sovereignty against being called into its own court to answer for breaches of contract or for a tort was fully established at common law, and the principle is one of the landmarks of the law.