Case law

Christo v. Dotson

151 W. Va. 696 · West Virginia Supreme Court · Jun 27, 1967

This principle was clearly stated in the case of Gorges v. … This matter is clearly covered in 25 Am.

SER MONONGAHELA POWER CO. v. Fox

227 W. Va. 531 · West Virginia Supreme Court · Jun 16, 2011

As a result, the four year statute of limitations established by the UCC for the sales of goods is controlling. … Having established that the agreement is a sale of goods under the UCC, we conclude that the four year statute of limitations period established by the UCC for sales contracts applies to this case.

Medigen of Kentucky, Inc. v. Public Service Commission of West Virginia

787 F. Supp. 602 · District Court, S.D. West Virginia · Jan 22, 1992

Rules proposed by the Department of Health and Human Resources under the Act provide that “[sjharps shall be collected at the point of generation in rigid, leak-proof and puncture-resistant containers clearly marked as infectious … Plaintiffs need show nothing more to establish that the deprivation complained of was committed by a person acting under color of state law.

Wagner v. St. Paul Fire & Marine Insurance

238 F.R.D. 418 · District Court, N.D. West Virginia · Nov 8, 2006

Moreover, Rule 33(c) clearly provides it is not objectionable that Plaintiffs apply law to the facts they use to support their arguments. … The answer to Interrogatory 3 stated defense counsel filed a response to the Complaint on July 23, 2001 illegitimately asserting immunity. Pl.’s Br. at 12.

State Ex Rel. Heavener v. Perry

155 W. Va. 353 · West Virginia Supreme Court · Nov 2, 1971

‘The weight of authority is clearly in favor of holding the voter, on the one hand, to a strict performance of those things which the law requires of him, and on the other of relieving him from the consequence of a failure … The opinion also uses this pertinent language: “The failure of a voter to perform an act prescribed by the election statutes ought not deprive him of the privilege of voting, unless the statute plainly and clearly, by express

In re P.B., N.B., and A.B.

West Virginia Supreme Court · Oct 19, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The evidence established that petitioner failed to acknowledge the conditions of abuse and neglect, and demonstrated no insight to how his children were affected by his actions.

State Ex Rel. Stollings v. Gainer

153 W. Va. 484 · West Virginia Supreme Court · Nov 20, 1969

One or more persons not qualified as experienced lawyers could make mere findings of fact and consequent recommendations to the legislature. … Perhaps only the legislature can waive or avoid the effect of the state's governmental immunity and that it can do so by making an appropriation for payment of a moral obligation.

Wilcox v. Elliott

39 F. Supp. 2d 682 · District Court, S.D. West Virginia · Feb 10, 1999

These rights were clearly established at the time that Wilcox was arrested, inasmuch as it has long been established that a warrantless arrest for a misdemeanor offense cannot take place unless that misdemeanor offense has … The Court observes that even without the benefit of Street’s teachings, the record would *692 compel granting summary judgment to Defendants on other bases, including qualified immunity and the lack of any genuine issues

State Ex Rel. Miller v. Stone

216 W. Va. 379 · West Virginia Supreme Court · Dec 23, 2004

According to subsection (f), the health care provider is entitled to pre-litigation mediation before a qualified mediator upon written demand to the claimant. … It is well established that this Court has the primary constitutional authority to administer and control the procedural aspects of litigation. See W.Va. Const. Art.

DEPT. OF EMPLOYMENT SEC. v. Manchin

361 S.E.2d 474 · West Virginia Supreme Court · Sep 16, 1987

Ironically, however, the federal government does not establish its own unemployment compensation plan to be implemented in those states that fail to establish qualifying state systems. … No reciprocal benefits in proportion to the employer taxes paid to the federal government are returned to states that fail to establish qualifying state employment security programs.

State Ex Rel. Bronaugh v. City of Parkersburg

148 W. Va. 568 · West Virginia Supreme Court · Jun 9, 1964

Public hospitals, however, are not entitled to that immunity. … The petitioner has been given no such opportunity here, although the record clearly shows that he many times has, attempted to obtain a hearing.

State ex rel. Board of Education v. Truby

171 W. Va. 772 · West Virginia Supreme Court · Mar 31, 1983

Board of Education, County of Lincoln, 170 W.Va. 310 , 294 S.E.2d 113 (1982) clearly establishes his right to appeal to the superintendent. … In August of 1977 he completed college coursework sufficient to qualify him for certification at the master’s degree plus thirty hours level established by W. Va. Code, 18A-4-1 [1977]. W.Va.

Bruen v. Thaxton

126 W. Va. 330 · West Virginia Supreme Court · Nov 30, 1943

Had he so intended, he would have reserved the minerals without qualifying-words. … But whatever influence these authorities may be entitled to, it still remains true that, speaking from a *347 clearly legal standpoint, and as understood in this day, coal, while a mineral, is clearly distinguishable from

Somerville v. Somerville

179 W. Va. 386 · West Virginia Supreme Court · Apr 21, 1988

The appellant holds a master’s degree in English and Language Arts, and she is qualified to teach in the public schools of Ohio and West Virginia. … The facts as developed fail to show clearly that the court’s action with regard to temporary alimony, fees, and costs constituted an abuse of discretion.

Kolata v. UNITED MINE WORKERS OF AMERICA, ETC.

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.

Ches. & Ohio R. R. v. Pack

6 W. Va. 397 · West Virginia Supreme Court · Jul 15, 1873

By an act passed since <the act establishing the Code, sec. 5 of Chap. 52 has been amended and re-enacted. … The law declared that the people within the limits of its operation, should have privileges and immunities that were not in their character proper to be conferred upon a mere potential corporation, but were appropriate only

State v. Carter

168 W. Va. 90 · West Virginia Supreme Court · Sep 22, 1981

A reading of the testimony of this witness indicates that the witness was without doubt competent and qualified to testify. … In Wilson , the witness had not been qualified before he was sworn and testified.

Stewart v. Justice

District Court, S.D. West Virginia · Feb 9, 2021

Finally, Plaintiffs’ retaliation claim fails because Snaman is entitled to qualified immunity. … The primary question in a qualified immunity analysis is whether the allegations show that the official’s conduct violated a clearly established constitutional right of which reasonable person would have known.

State v. Freeland

81 S.E.2d 685 · West Virginia Supreme Court · May 5, 1954

That right, however, is clearly denied by the statute. … That it has not done so clearly signifies its lack of any such intention.

Wheeler v. Exline

150 W. Va. 481 · West Virginia Supreme Court · Mar 22, 1966

Arnold Exline was never formally appointed, confirmed or qualified as deputy sheriff by the County Court of Clay County. … That there can be a de facto deputy is well established by the laws of this State and other jurisdictions. See Code, 6-5-3; 43 Am. Jur., Public Officers, §469; State ex rel Bailey v. Wayne County Court, 92 W.