Case law

Shirley Grimmett v. Wiseman, Excavating, Inc.

West Virginia Supreme Court · Jul 30, 2020

DEP moved to dismiss EQT’s third-party complaint and argued that, as a state agency, it was constitutionally immune from suit. … We now consider whether petitioner’s lawyer established these four elements.

M.M. II v. B.M.

West Virginia Supreme Court · Jun 15, 2015

Because petitioner fails to meet his burden to demonstrate that error affirmatively appears from the record on appeal, we cannot say that the circuit court’s findings were clearly erroneous or that its conclusions were clearly … Code § 48-20-102(g) (providing that temporary absence is part of the six-month period required to establish the child’s “home state.”).

State ex rel. Gainer v. West Virginia Board of Investments

194 W. Va. 143 · West Virginia Supreme Court · May 31, 1995

The framers of the Constitution of 1902 added this qualifying phrase. … Clearly its effect is to modify the preceding unqualified prohibition. Now the prohibition is not absolute but definitely qualified.

Johnson v. West Virginia University Hospitals, Inc.

186 W. Va. 648 · West Virginia Supreme Court · Nov 21, 1991

Such regulations clearly impose a duty upon the appellant in this case to warn those similarly situated with the appellee. … Clearly, in this case, the facts with respect to proximate cause are such that reasonable persons could draw different conclusions from them. B.

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.

Logan & Kanawha Coal Co. v. Detherage Coal Sales, LLC

841 F. Supp. 2d 955 · District Court, S.D. West Virginia · Jan 20, 2012

Thus, a writing qualifies as a written confirmation when it makes a contract to which the Statute of Frauds applies enforceable. … However, silence alone is usually insufficient to establish consent to an agreement. See Quincy Dairy Co. v. Hartford Accident & Indem.

McHenry v. Humes

112 W. Va. 432 · West Virginia Supreme Court · Jun 7, 1932

Clearly, there is irreconcilability between this provision and the provision of the said new statute which requires that the initial fees of the circuit clerk shall be paid in advance. … That *436 chapter provides that “no freeman shall be taken, or imprisoned, or disseised from his freehold, or liberties, or immunities, nor outlawed, nor exiled, nor in any manner destroyed, nor will we come upon him or send

Walter Butler Building Company v. Soto

142 W. Va. 616 · West Virginia Supreme Court · Apr 2, 1957

E. 515 , involving statutory provisions relating to compensation of deputies and assistants of public officers, are clearly distinguishable from and inapplicable to the case at bar. … against a suit or action under the immunity clause of our Constitution does not constitute a defense.

Muth v. United States

804 F. Supp. 838 · District Court, S.D. West Virginia · Oct 23, 1992

Congress provided a limited waiver of sovereign immunity in the FTCA. See 28 U.S.C. §§ 2671-80 (1988). … This position as to the injury prong is clearly untenable. Such an approach is inconsistent with Plaintiffs own pleadings and interrogatories in this case.

State v. Saunders

219 W. Va. 570 · West Virginia Supreme Court · Oct 5, 2006

Clearly, one qualifying method for committing a felony violation of the Act is the knowing and willful violation of any provision of a permit, rule or order. See W.Va.Code § 22-15-15(b)(4). … Moreover, Appellant’s position flies in the face of established rules of statutory construction.

Oyler v. Cole

171 W. Va. 402 · West Virginia Supreme Court · Dec 10, 1982

Petitioners did not work from June 1, 1979 until June 27, 1979 when the Laborers’ picket line was removed, and they claim that they are eligible and qualified for unemployment benefits for this period. … On the facts as determined by the board, petitioners are clearly entitled to unemployment compensation benefits.

Lowe v. Williams

District Court, S.D. West Virginia · Oct 7, 2022

Williams was entitled to the protection of qualified immunity with respect to Mr. Lowe’s claims, insulating Mr. Williams from liability. [ECF Nos. 245, 246, 247]. Mr. … Similarly, the defense of qualified immunity involves a two-step procedure “that asks first whether a constitutional violation occurred and second whether the right violated was clearly established.”

Wagoner v. Wagoner

172 W. Va. 687 · West Virginia Supreme Court · Dec 13, 1983

The appellant contends that the evidence was insufficient to establish that the appellee was the primary caretaker, and that the trial judge abused his discretion in so finding. … The preponderance of the evidence shows that the appellant was the primary caretaker of the infant children, and the trial judge was clearly wrong in finding otherwise.

Black v. Cummings

District Court, S.D. West Virginia · Sep 29, 2023

Defendants assert qualified immunity. See State Mem. at 16–20; Ind. Defs. Mem. at 2, 13. … To establish qualified immunity, the official must demonstrate the plaintiff has not shown facts “mak[ing] out a violation of a constitutional right” or the right was not “clearly established” at the time of its violation

Miller v. Burley

155 W. Va. 681 · West Virginia Supreme Court · Mar 29, 1972

It is well established by the decisions of this Court that a voter should not be disfranchised merely because of irregularities attributable to officials of the election. Gibson v. … The omission of any such specified time shows clearly that the time of the occurrence of a vacancy before a general election is utterly immaterial and that, regardless of the time of the occurrence of the vacancy, it must

State v. Haught

218 W. Va. 462 · West Virginia Supreme Court · Dec 16, 2005

It is equally clear that such facts must be established by proof beyond a reasonable doubt. … Under Washington’s sentencing statute, the facts that Blakely admitted qualified him for a standard sentence of 53 months.

Jay Longerbeam v. Shepherd University and Donald Buracker v. Shepherd University

West Virginia Supreme Court · Apr 11, 2024

Va. at 74, 479 S.E.2d at 584 (noting that proof “that the employer acted incorrectly . . . would clearly be relevant in proving pretext” (emphasis added)). … Va. 421, 490 S.E.2d 23 (1997) is misplaced; that case is clearly distinguishable.

State Ex Rel. City of Charles Town v. County Commission of Jefferson County

221 W. Va. 317 · West Virginia Supreme Court · Oct 26, 2007

It is well-established, however, that: “A writ of mandamus will not issue unless three elements coexist — (1) a clear legal right in the petitioner to the relief sought; (2) a legal duty on the part of respondent to do the … The petitioners contend that the plain language of the statute as well as this Court’s prior case law clearly establish that the Commission’s role with regard to annexation of property under W.Va.Code § 8-6-4 is pui-ely ministerial

Ex parte Quarrier

4 W. Va. 210 · West Virginia Supreme Court · Jan 15, 1870

It debars him the exercise of an “office *212 of dignity and honor, and influence,” and deprives him of “privileges and immunities” of more than money value. … Missouri, and Exparte Garland, 4 Wallace, have been relied on as establishing the ex post facto character of this act.

Winnings v. Wilpen Coal Co.

134 W. Va. 387 · West Virginia Supreme Court · May 16, 1950

The well recognized and firmly established rule is that when a landowner has conveyed the minerals underlying the surface of his land, he retains the right to the support of the surface in its natural state unless it clearly … appears, by express words or by necessary implication, that he has *391 released, waived, or qualified his right to such support.