Case law

State Ex Rel. Boner v. Kanawha County Board of Education

197 W. Va. 176 · West Virginia Supreme Court · Jul 19, 1996

That statute, which addresses the employment of substitute teachers, clearly only applies when there is either a temporary absence of a teacher during the school term, a teacher on leave of absence, or some other board-approved … The Board’s plan has arguably affected the pool of teachers qualified for homebound instruction.

Hock v. City of Morgantown

162 W. Va. 853 · West Virginia Supreme Court · Apr 3, 1979

be *855 passed except by an affirmative vote of at least four-fifths (4/5) of the members of the Common Council, is valid since it is undisputed that: (1) the Morgantown Planning Commission disapproved the amendment; (2) qualifying … Appellees contend that the above quoted section provided that only a simple majority vote is required to adopt or amend any ordinance while appellants contend that the charter merely established a minimum majority requirement

Blackhawk Mining, LLC v. Christian Weis

Intermediate Court of Appeals of West Virginia · Oct 24, 2025

Mukkamala determined that the scars were mildly symptomatic and qualified for a 5% impairment. Thus, Dr. Mukkamala combined these impairment ratings and again concluded that Mr. Weis had a 12% whole person impairment. … Weis established that he had a 15% WPI for the compensable injury.

Board of Education v. Townsend

207 W. Va. 285 · West Virginia Supreme Court · Apr 25, 2000

Appellant challenged the Board’s decision on the ground that she was more qualified than Ms. Foy. … Id. .As the Board emphasizes, the grievant has the burden of proving by a preponderance of the evidence the facts necessary to establish her claim in a non-selection case.

State Ex Rel. Zirk v. Muntzing

146 W. Va. 878 · West Virginia Supreme Court · Dec 12, 1961

If the de *896 fense is clearly made out and put beyond question, the trial court may exceed its jurisdiction by rendition of a judgment of conviction.” (Emphasis supplied). … (unless there was an actual acquittal upon a prior trial) is not directed toward establishing the defendant’s innocence but is an assertion of a constitutional grant of immunity.

Rosier v. Garron, Inc.

156 W. Va. 861 · West Virginia Supreme Court · Jul 17, 1973

A grammatical analysis of the last quoted qualifying provision of Code, 55-7-6, which the reader may prefer to diagram, clearly indicates that the amended section does not apply to actions where the death occurred before … Justice Haden, discussed the right to amend with reference to the presentation of affirmative defenses, and established three criteria: (1) the amendment should permit the presentation of the merits of the action; (2) the

Miller v. Lambert

196 W. Va. 24 · West Virginia Supreme Court · Dec 14, 1995

The jury also established the correct boundary between the Millers’ and Lam-berts’ properties. The Appellants’ motion for judgment notwithstanding the verdict was denied, 6 and they now appeal to this Court. … This Court accords deference to the jury’s finding, and in the absence of evidence to show the jury was clearly wrong, we decline to reverse its decision. 195 W.Va. at 132 , 464 S.E.2d at 774 .

Blankenship v. Caterpillar Global Mining, LLC

964 F. Supp. 2d 578 · District Court, S.D. West Virginia · Aug 9, 2013

. ¶¶ 9-15.) 1 Plaintiff further alleges that during her first interview, it was established that she was well qualified for the position based upon her various certifications and employment history. (Id. ¶ 11.) … The first requirement is clearly established as it is undisputed that Plaintiff, as a woman, is a member of a protected class. See, Martin v.

The State of West Virginia ex rel. The State of West Virginia

West Virginia Supreme Court · Jun 13, 2023

West Virginia Code § 15-12-2(e)(1) provides that a “qualifying offense” is one of the enumerated crimes listed in West Virginia Code § 15-12-2(b). … Third, the State avers that the circuit court’s dismissal of the information was clearly erroneous as a matter of law.

Logan Medical Foundation v. Hayflich & Steinberg (In Re Logan Medical Foundation, Inc.)

346 B.R. 184 · United States Bankruptcy Court, S.D. West Virginia · Jun 26, 2006

The moving party must establish that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law. Fed.R.Civ.P. 12(c); Fed. R. … Claims arise under title 11 if the claims “clearly invoke substantive rights created by bankruptcy law.” Glinka v. Murad (In re Housecraft Indus. USA, Inc.), 310 F.3d 64, 70 (2nd Cir.2002).

Moczek v. Bechtold

178 W. Va. 553 · West Virginia Supreme Court · Oct 21, 1987

York, 175 W.Va. 740 , 338 S.E.2d 219, 221 (1985), this Court stated: “W.Va.Code, 17C-5-9 [1983] clearly does not require blood tests. … W.Va.Code 17C-5-4 [1983] provides: "Where the request is made to take the ultimately designated test under the implied consent law and the licensee by his conduct or words manifests a reluctance to take the test or qualifies

Haynes v. Rhone-Poulenc, Inc.

206 W. Va. 18 · West Virginia Supreme Court · Jul 16, 1999

“Qualified Person With A Disability” and “Reasonable Accommodation” The defendant argues that the verdict for the plaintiff should be overturned because as a matter of law, the plaintiff did not establish the first element … If plaintiff was initially qualified to drive a truck, which defendant stipulates is true, and with accommodation he would continue to be qualified, then plaintiff is a qualified individual with a disability who is protected

Selwyn Vanderpool v. CPL B.M. Hunt and Greenbrier County Sheriff Department

241 W. Va. 254 · West Virginia Supreme Court · Jan 31, 2019

It is well established that “[a]ppellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo.” Syl. Pt. 2, State ex. rel McGraw v. … Applying our rules of statutory construction, we find that the respondents clearly fall with the definition of “state entity” as set forth in the Act.

Foundation Against Intolerance & Racism, Inc. v. Pickens

District Court, N.D. West Virginia · Aug 6, 2025

Ultimately, the plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these three elements and must clearly allege facts demonstrating that each … Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (qualified immunity); Wood v.

Christopher Adams v. United Parcel Service, Inc.

Intermediate Court of Appeals of West Virginia · Nov 15, 2022

Adams argues that the Board’s decision is clearly wrong and should be reversed because a preponderance of the evidence establishes that his bilateral CTS is directly related to, and developed in the course of and resulting … Adams qualified his characterization by acknowledging that he is not a doctor.

State Ex Rel. Russell v. Leedy

141 W. Va. 474 · West Virginia Supreme Court · Feb 21, 1956

Clearly, it is the import of Code, 61-7-4, that a bond given under that statute dispense with the necessity for a special police officer to give another and different bond under Code, 61-7-2. … It is supported by long established authority: “ * * * ‘that it (an action of covenant) cannot be maintained, except against a person who by himself, or some other persons acting in his behalf, has executed a deed under seal

Martin Distributing Co. v. Mark W. Matkovich, State Tax Commissioner

238 W. Va. 300 · West Virginia Supreme Court · Nov 15, 2016

Findings of fact of the administrative law judge will not be set aside or vacated unless clearly wrong, and, although administrative interpretation of State tax provisions will be afforded sound consideration, this Court … According to the petitioners, the evidence of record establishes that the equipment which they installed on their residences is capable of dispensing alternative fuel into alternative fuel motor vehicles.

Union Carbide Corporation, a subsidiary of The Dow Chemical Company v. Christina Dearien (Decedent) and Thomas Dearien (Dependent)

Intermediate Court of Appeals of West Virginia · Jun 4, 2025

Further, Carbide contends that the Board’s final order was clearly wrong in view of the reliable, probative, and substantial evidence on the record. … It cannot be found that one side’s panel of experts is notably more qualified or more credible than the other.

Marion National Bank v. Harden

83 W. Va. 119 · West Virginia Supreme Court · Nov 15, 1918

Section 33 says: “An endorsement may be either in blank or special; and it may also be either restrictive or qualified, or conditional.” … The definitions of each of these classes given in the succeeding sections clearly exclude the endorsements on the notes sued on, unless it be a qualified endorsement de-find by section 38 as follows: “A qualified endorsement

In Re: D.R. and A.F.

West Virginia Supreme Court · Jun 10, 2013

These findings shall not be set aside by a reviewing court unless clearly erroneous. … This Court reminds the circuit court of its duty to establish permanency for the children.