Case law

State v. Nuckols

152 W. Va. 736 · West Virginia Supreme Court · Dec 17, 1968

This principle is clearly set out in syllabus point 2 in the case of State v. … The record clearly shows that the defendant was present in court and entered his plea of not guilty.

Western v. Hodgson

359 F. Supp. 194 · District Court, S.D. West Virginia · May 14, 1973

This latter claim clearly involves a purely state cause of action and is asserted under the pendent jurisdiction of the court. … U.S.C. § 1983 , 1 in that it is allegedly a taking of property without due process of law, it first should be noted that to constitute a violation of § 1983, not only must plaintiffs have been denied a right, privilege or immunity

Eric W. Miller v. Terry D. Reed

West Virginia Supreme Court · Oct 11, 2019

Initially, petitioner waived his right to qualify as the administrator of the estate. … Reed did not pay all claims presented; and that the Lewis County Commission failed to establish if Mr. Reed’s bond was maintained.

Prestera Center for Mental Health Services, Inc. v. Lawton

111 F. Supp. 2d 768 · District Court, S.D. West Virginia · Sep 12, 2000

As subsequent cases have established clearly, a finding that a statute generally creates enforceable rights “paints with too broad a brush.” See id. … The plain language of the statute clearly shows it is meant to benefit the general public.

Modi v. West Virginia Board of Medicine

195 W. Va. 230 · West Virginia Supreme Court · Nov 17, 1995

Did the Board establish that by using depossession therapy on Mr. Abbott, Dr. … Logan Medical Foundation, 193 W.Va. 42 , 454 S.E.2d 87 (1994), that Rule 702 of the West Virginia Rules of Evidence, rather than W.Va.Code § 55-7B-7, is the paramount authority for determining whether or not an expert is qualified

Wysong Ex Rel. Ramsey v. Walker

224 W. Va. 437 · West Virginia Supreme Court · Oct 14, 2009

Wysong clearly does not have the capacity for independent living. … Wysong satisfies the final two requirements to qualify for the Waiver Program. The circuit court’s conclusion that “Mr.

State Ex Rel. West Virginia Department of Health & Human Resources v. Carpenter

211 W. Va. 176 · West Virginia Supreme Court · May 15, 2002

Thus, the mother’s condition of pregnancy provides the basis for her eligibility for benefits and, at the same time, provides the basis for her immunity from recoupment. … Likewise, DHHR has conceded that a formula exists for determining whether an intact married couple qualifies for birth and medical expenses.

Westfield Insurance v. Carpenter Reclamation, Inc.

301 F.R.D. 235 · District Court, S.D. West Virginia · Jul 11, 2014

Carpenter has clearly failed to comply with Rule 37(a)(1) and this Court’s Local Rule 37.1(b). … immune. * * * [T]he pure work product of an attorney insofar as it involves ‘mental impressions, conclusions, opinions, or legal theories ... concerning the litigation’ is immune to the same extent as an attorney-client

Crock v. Harrison County Board of Education

211 W. Va. 40 · West Virginia Supreme Court · Feb 8, 2002

of fact, should not be reversed unless clearly wrong.” … Crock an experience credit, also contains language providing that: in establishing such local salary schedules, no county shall reduce local funds allocated for salaries in effect on the first day of January, one thousand

In Re: R.S.

West Virginia Supreme Court · Jun 22, 2015

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Further, the record is devoid of any evidence that petitioner was married to R.S.’s biological mother; legally adopted R.S.; or qualified as a guardian or custodian.

Holley v. Thompson

District Court, S.D. West Virginia · Jan 31, 2024

He argues that the Defendants are “correctly incorporated” under Section 1983, and that they are not entitled to qualified immunity. … The Defendants argue that qualified immunity “operates to bar claims of mere negligence against public employees and agencies.” (Defs.’ Reply at 8.)

Hodge v. Ginsberg

172 W. Va. 17 · West Virginia Supreme Court · Jan 28, 1983

The respondent contends that the petitioners are not qualified to receive adult protective services because they do not suffer from physical or mental infirmities as required by the department’s regulations. … Contrary to the respondent’s representations, the Social Services For Adults Act is clearly remedial legislation which should be construed to achieve its beneficial purposes. See, e.g., Gibson v.

Donta Wade v. University Physicians & Surgeons, Inc., Marshall Health Network, Inc., Holly Nauert, D.O., and Lee Van Horn, M.D.

Intermediate Court of Appeals of West Virginia · Apr 29, 2025

Wade failed to comply with the pre-suit notice requirements for medical professional liability cases; and that they were entitled to sovereign immunity. On July 3, 2024, Mr. … 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.”

Randolph County Board of Education v. Adams

196 W. Va. 9 · West Virginia Supreme Court · Dec 14, 1995

No procedure was established to separate children who may have been needy and qualified under other need based programs and either chose not to apply or simply failed to apply for assistance. … [instead] it establishes the framework of government with such specific restraints as are thought to be of eternal value and- hence worthy of immunity from passing differences of opinion”).

Laya v. Erin Homes, Inc.

177 W. Va. 343 · West Virginia Supreme Court · Dec 16, 1986

In other words, the incorporators who actively participate in the operation of the business are ■not entitled to personal immunity when they fail to provide the quid pro quo for such immunity, specifically, a reasonably adequate … However, the centralization of ownership is not a carte blanche to abrogate established procedure.”

West Virginia Alcohol Beverage Control Administration v. Scott

205 W. Va. 398 · West Virginia Supreme Court · Jun 18, 1999

that “[a] final order of the hearing examiner for the West Virginia Educational Employees Grievance Board, made pursuant to W.Va.Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly … the classified service of the agency or board in which the employee was employed prior to the agency or board’s transfer or incorporation into the department: Provided, That the employee shall possess the qualifications established

Ball v. Joy Manufacturing Co.

755 F. Supp. 1344 · District Court, S.D. West Virginia · Nov 8, 1990

While wilful, wanton, and reckless misconduct are well-established concepts, we wish to make clear that we are using the words “wilful,” wanton,” and “reckless” misconduct synonymously, and that the conduct removing the immunity … It thus appears to this Court that if the Plaintiffs were presently suffering from cancer or some other disease and could establish through studies and research that such disease is clearly linked to a particular hazard of

Livingston v. K-Mart Corp.

32 F. Supp. 2d 369 · District Court, S.D. West Virginia · Dec 30, 1998

Only if the employer acted with deliberate intention is such immunity lost. W.Va.Code § 23-4-2(c)(2). … Clearly, this is not the statute’s intent, nor the Blevins’ court’s interpretation. More is required, and Plaintiffs provide nothing more.

Ragle v. State Compensation Commissioner

125 W. Va. 450 · West Virginia Supreme Court · Mar 16, 1943

The factual situation appears to be clearly and fully established. … We are much concerned with what seems to be the conditional and qualified approval shown by the Commissioner’s certificate.

Whitlow v. Bd. of Educ. of Kanawha Cty.

190 W. Va. 223 · West Virginia Supreme Court · Nov 23, 1993

City of Fairmont Police Dep’t, 186 W.Va. 336 , 412 S.E.2d 737 (1991) (qualified tort immunity provisions upheld in W.Va.Code, 29-12A-5(b)). See also Pritchard v. … Arvon, 186 W.Va. 445 , 413 S.E.2d 100 (1991) (immunity of employees of a political subdivision under W.Va.Code, 29-12A-5(b)); O’Dell v.