Case law

Cart v. General Electric Co.

203 W. Va. 59 · West Virginia Supreme Court · Jul 10, 1998

Human Resources, 201 W.Va. 444 , 498 S.E.2d 12 (1997), as follows: In both the 1993 and 1995 amendments to West Virginia Code § 9-5-11 (Supp.1993 & Supp.1995), the legislature rendered the made-whole rule inapplicable by clearly … the issues of the deliberate intent claim and simple negligence, and the record is devoid of any establishment of negligence by Inco. 8 .

Albert West, by Mary Jane West, Administratrix v. West Virginia Consolidated Public Retirement Board

Intermediate Court of Appeals of West Virginia · Jul 1, 2024

Once you receive any benefits under the option you select, you will not be allowed to change your benefit option unless you qualify under the provisions of W. Va. … It was noted that the October and November Form clearly established the finality of such a decision in its preamble, and that West Virginia Code of State Rules § 162-5-16 sets forth that an annuity selection is final and

PTP, IV BY PTP v. Board of Educ.

200 W. Va. 61 · West Virginia Supreme Court · May 30, 1997

Sokol is entitled to qualified immunity. It appears to us, as it did to the IHO, that the Board and Mr. … However, we clearly state that even though we are affirming the circuit court’s decision, this opinion in no way alters the IHO’s decision.

A. F. Thompson Mfg. Co. v. Chesapeake & Ohio Ry. Co.

93 W. Va. 3 · West Virginia Supreme Court · Jan 30, 1923

Having qualified as an expert witness, and having testified as to the presence of hydrochloric acid in the rust, D. M. … Thompson, qualified as one informed as to the methods ,of refining asbestos and denied that acetic acid was used in the manufacture of commercial asbestos.

Spedden v. Board of Education

74 W. Va. 181 · West Virginia Supreme Court · Apr 21, 1914

Deeming it to be for the best interests of the district to provide a school or department of practice in teaching for such of the young people residing in the district as desire *188 to qualify themselves thoroughly for the … profession of teaching, as in the other eases supposed, the board has made such provision, and, in doing so, seems clearly to have acted within its legal powers.

In re N.L.

West Virginia Supreme Court · May 13, 2024

In June 2022, a report indicated that the child displayed regression in eating and speech, showed signs of aggression that she had not displayed before being returned to the parents, and was behind on her immunizations. … Further, the evidence clearly established that modification was in the child’s best interests, given that the child’s health regressed in the short period she was returned to the petitioner’s care.

Claypool v. United States

103 F. Supp. 2d 899 · District Court, S.D. West Virginia · Jul 10, 2000

. § 1346 (b), waives the United States’ sovereign immunity and authorizes damages suits. The Act, however, includes a list of exceptions to its broad waiver of immunity. … This too is clearly a policy decision. See, e.g., Autery, 992 F.2d at 1531 ; Kiehn, 984 F.2d at 1104 ; Bowman, 820 F.2d at 1395 .

West Virginia Division of Highways v. Butler

205 W. Va. 146 · West Virginia Supreme Court · Jun 15, 1999

We conclude, therefore, that the circuit court was clearly wrong in excluding the testimony of David Heater as to the value of the appellant’s property. Accordingly, we reverse and remand on this issue. … We further explained in Syllabus Point 6 of Gentry that the question of admissibility under Dau-bert and Wilt : only arises if it is first established that the testimony deals with "scientific knowledge.”

Light v. St. Albans Police Department

District Court, S.D. West Virginia · Jul 11, 2025

The undersigned construes Defendants’ argument to be asserting that they are entitled to qualified immunity based on Plaintiff’s failure to demonstrate a Fourth Amendment violation under the clearly established authority … Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Roush v. Griffith

65 W. Va. 752 · West Virginia Supreme Court · Jun 11, 1909

Grantham qualified as her guardian and gave bond as such in the penalty of $3,200.00 with M. K. Seibert and B. Cushwa as sureties. … We do not doubt *763 that long lapse oí time will bar relief to the beneficiary of an express trust, but it must be so long and the circumstances such in character as to establish clearly a relinquishment or abandonment thereof

Montgomery Gen. Hosp. v. W. VA. HUMAN RIGHTS

346 S.E.2d 557 · West Virginia Supreme Court · Jul 10, 1986

It is clear that the Commission correctly found that the complainant established a prima facie case of unlawful discrimination. … The manual also provided that seniority be the determinative factor in establishing the order in which employees would be laid off in case of a reduction in force.

Hardin v. Ski Venture, Inc.

848 F. Supp. 58 · District Court, N.D. West Virginia · Apr 4, 1994

the continuing vitality of the common law doctrine of assumption of risk in West Virginia and concluded that, under the West Virginia comparative contributory negligence doctrine, 3 the defense of assumption of risk, if established … Most of the cited cases involve either collisions with lift towers, tree stumps, safety fences, and the like or collisions caused by icy or other treacherous surface conditions which could not reasonably be eliminated. 4 Clearly

Triggs v. Berkeley County Board of Education

188 W. Va. 435 · West Virginia Supreme Court · Dec 17, 1992

Code, 18-29-4 [1985], the statute establishing the grievance levels and procedures. … Although the superintendent’s interpretation of school law is entitled to great weight unless clearly erroneous (Syllabus Point 3, Smith v.

Thorne v. City of Clarksburg

88 W. Va. 251 · West Virginia Supreme Court · Mar 22, 1921

Thus, a constitution may very clearly require county and towm government; hut if it fails to indicate its-range, and to provide proper machinery, it is not in this-particular self-executing, and legislation is essential;” … Such is the rule of *257 construction everywhere, as established by the more recent decisions.

Anziulewicz v. Bluefield Community Hospital, Inc.

531 F. Supp. 49 · District Court, S.D. West Virginia · Dec 18, 1981

Some tests are well established. … “Possible” federal questions are clearly insufficient to confer jurisdiction upon this court.

Gibson v. Gibson

172 W. Va. 183 · West Virginia Supreme Court · Jun 22, 1983

If the trial court is unable to establish that one parent has clearly taken primary responsibility for the caring and nurturing duties of a child neither party shall have the benefit of the primary caretaker presumption.” … by both the mother and father, the court must determine in the first instance whether the primary caretaker is a fit parent, and where the primary *185 caretaker achieves the minimum, objective standard of behavior which qualifies

Hooper v. Jensen

174 W. Va. 643 · West Virginia Supreme Court · Apr 3, 1985

The testimony of respondent Jensen and the minutes of certain WVSOM Executive Council Meetings made part of the record herein clearly indicate that before Dr. … To be qualified, the person must have been terminated within two years of the date of the vacancy, and fit any objective requirements contained in the job description properly established for the position prior to the vacancy

Melissa Wilfong v. Randolph County Board of Education

West Virginia Supreme Court · Apr 22, 2020

Fletcher’s testimony established that several administrative positions 3 opened in the spring and summer of 2017, 1 Ms. … Finally, the record establishes that several administrative positions became available for which Ms.

State Ex Rel. West Virginia Housing Development Fund v. Copenhaver

153 W. Va. 636 · West Virginia Supreme Court · Dec 9, 1969

, Inc., a qualified federally approved mortgagee. … The factual finding of a city council to the effect that slum areas exist within the city is entitled to great respect and is not subject to attack unless clearly wrong.

Gaus v. Consol, Inc.

294 F. Supp. 2d 815 · District Court, N.D. West Virginia · Aug 13, 2002

There are two alternative means by which a plaintiff can establish a cause of action under the deliberate intention exception to workers’ compensation immunity. … In Mayles , “not only was it clearly established that it was the general practice of employees to take the hot grease out the back door and down the grassy slope without a lid, but it was also established that the employer