Case law
Opinions from 1658 to today.
5,304 results
1.64s
West Virginia Supreme Court · Jun 7, 2024
It has long been established that “[a] writ of prohibition will not issue to prevent a simple abuse of discretion by a trial court. … Va. 207, 475 S.E.2d 299 (1996). 11 In this related context of judicial immunity, this Court has previously held that a judicial officer is absolutely immune from civil liability for official
Cited 0 timesPublished151 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.
Overruled on other grounds by Proudfoot v. Dan's Marine Service, Inc., 210 W. Va. 498 (2002)Cited 81 timesPublished198 W. Va. 601 · West Virginia Supreme Court · Dec 17, 1996
Appellant further argues that the custom-designed 6 state insurance policy is immune from the requirements of West Virginia Code § 33-6-31. … Furthermore, the "NAMED INSURED ENDORSEMENT” that is in the record clearly establishes that Appellee was not a named insured under the policy provisions. As we recently noted in Powderidge Unit Owners Association v.
Modified by Gibson v. Northfield Insurance, 219 W. Va. 40 (2005)Cited 30 timesPublishedDistrict Court, N.D. West Virginia · Dec 20, 2019
Qualified Immunity Alternatively, Kief contends that he has not violated any clearly established law and is therefore qualifiedly immune from suit under … Thus, qualified immunity applies so long as Kief did not violate any of Ballock’s clearly established constitutional rights.
Cited 0 timesUnknown151 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
Cited 64 timesPublished216 W. Va. 574 · West Virginia Supreme Court · Nov 12, 2004
These facts establish that Ms. … Muncy was driving qualified as a non-owned car under the policies because it was clearly not owned by anyone residing in her domicile. 13 IV.
Cited 6 timesPublishedAmy 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.
Cited 0 timesPublishedWest Virginia Supreme Court · Mar 25, 2025
We also recognize that federal and non- West Virginia state crimes constitute qualifying offenses when they have “the same or substantially similar elements as a qualifying offense[.]” Id. § 61-11-18(d). Mr. … Consequently, “a defendant bears a heavy burden of establishing that he has been singled out over others similarly situated and that the selectivity in favor of him is based on some impermissi[ble] consideration as race
Cited 0 timesPublishedMountain 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.
Cited 0 timesPublished189 W. Va. 330 · West Virginia Supreme Court · Apr 23, 1993
This provision clearly evidences a legislative intent to require formal action to effect a waiver of peer review confidentiality. … of prejudice and confusion,’ that they are admissible to establish a pattern or habit.
Cited 14 timesPublished159 W. Va. 664 · West Virginia Supreme Court · Jun 29, 1976
The State called several witnesses to establish the value of the copper wire. These witnesses estimated the wire to be worth between $100 and $200. … In one instance a witness appeared to have some personal knowledge of value but the basis of such knowledge was not established.
Cited 35 timesPublishedDistrict Court, N.D. West Virginia · Dec 23, 2019
Qualified Immunity Alternatively, Kief contends that he has not violated any clearly established law and is therefore qualifiedly immune from suit under … Thus, qualified immunity applies so long as Kief did not violate any of Ballock’s clearly established constitutional rights.
Cited 0 timesUnknown58 W. Va. 140 · West Virginia Supreme Court · Oct 24, 1905
This language established her character as a female parent and is wholly inconsistent with the character of husband. … The statute clearly includes an order of attachment within the term “process.”
Cited 4 timesPublished47 W. Va. 766 · West Virginia Supreme Court · Apr 7, 1900
The judge must decide whether the occasion is or is not privileged, and also whether such privilege is absolute or qualified. … If, however, the privilege was only qualified, the onus lies on the plaintiff of proving actual malice.”
Cited 34 timesPublishedBrady 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.”
Cited 3 timesPublishedMelisa Thompson v. Genesis Healthcare Group
Intermediate Court of Appeals of West Virginia · Mar 25, 2024
Walker deferred the impairment determination to a qualified psychiatrist. Dr. Walker drafted a supplemental report dated September 23, 2022. Dr. Walker noted that Ms. … Upon review, we cannot conclude that the Board was clearly wrong in finding that Ms.
Cited 0 timesPublishedIntermediate Court of Appeals of West Virginia · Jun 13, 2025
Moreover, we find that evidence in the record clearly establishes that Erie preserved its request to seek a set-off or credit. … Davis’ opinion was 8 This matter was previously heard by the Supreme Court of Appeals of West Virginia (“SCAWV”) on the issue of the qualified immunity of the ASFM and the West Virginia SFMO.
Cited 0 timesPublishedAmy 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.
Cited 0 timesPublished215 W. Va. 231 · West Virginia Supreme Court · Jun 24, 2004
Elsewhere in the Code, objective criteria are established for the purposes of evaluating seniority, 1 and qualifications. 2 A holding that W. … Va.Code 18A-4-8, and the appellant clearly met that job title. In this Court’s view, the fact that Ms. Arnold and Mr.
Cited 1 timesPublishedState Ex Rel. Harwood v. Tynes
137 W. Va. 52 · West Virginia Supreme Court · Apr 8, 1952
When she satisfied these requirements she established her clear right to the relief which she seeks in this proceeding and which was granted by the order *59 entered by this Court on March. 11, 1952. … The holding in that case is clearly distinguishable from and inapplicable to the case at bar.
Cited 8 timesPublished
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