Case law

Clark v. Druckman

218 W. Va. 427 · West Virginia Supreme Court · Nov 30, 2005

The rationale behind the immunity afforded to defamatory statements is equally applicable to other misconduct occurring during the course of a judicial proceeding. … According to the statute, a certificate of merit executed by a qualified expert is also to be provided in most circumstances.

Carol Kinsinger v. Todd Pethel

234 W. Va. 463 · West Virginia Supreme Court · Nov 13, 2014

STANDARD OF REVIEW This Court’s well-established standard of review of domestic relations proceedings was set forth in the syllabus of Carr v. … The Respondent husband was then 49 years old,. and would not qualify for full retirement benefits until reaching age 62. Id. at 725 , 671 S.E.2d at 730 .

Verizon Services v. Board of Review of Workforce W. Va.

West Virginia Supreme Court · Nov 8, 2013

A finding is clearly wrong, also referred to as clearly erroneous, “when, although there is evidence to support the finding, the reviewing court on the entire evidence is left with the definite and firm conviction that a … It is undisputed that during the strike, this “normal” operation ceased entirely because the employer did not have qualified employees to continue retention operations.

Casdorph v. West Virginia Office Insurance Commissioner

225 W. Va. 94 · West Virginia Supreme Court · Nov 19, 2009

This record does contain qualified experts that do not believe these case studies are persuasive and also criticize them for methodology and the size of the study. This is an extremely close case. Dr. … Appellant contends that the evidence presented overwhelmingly shows that the BOR ruling was clearly wrong and should be reversed.

State v. Harrison

130 W. Va. 246 · West Virginia Supreme Court · Jun 10, 1947

In the statute then before this Court the acts forbidden were qualified by relative and ambiguous terms. … No such qualifying terms of a relative or indeterminate character are to be found in the statute now under review.

Arbonaise v. Weinberger

401 F. Supp. 983 · District Court, N.D. West Virginia · Oct 16, 1975

In order to qualify for the interim presumption under 20 C.F.R. § 410.490 (b) (1) (i), the x-ray (or biopsy or autopsy, which are inapplicable here) must establish the presence of pneumoconiosis, and the Secretary obviously … The failure of a miner to qualify under the interim presumption in 20 C.F.R. § 410.490 (b) does not prevent him from establishing his eligibility under the permanent rules. 20 C.F.R. § 410 .-490(e).

Merritt v. Casto

District Court, S.D. West Virginia · Mar 21, 2023

Count II – Reckless Conduct in Violation of Clearly Established Laws In Count II, the Plaintiff alleges that JCC is (1) vicariously liable for the actions of Deputy Casto and (2) liable for its negligence in hiring … Va. 2022) (it is a question of fact whether supervisors could use qualified immunity to avoid liability under a negligent supervision theory when the employee’s conduct allegedly amounted to malicious prosecution and abuse

Slack v. Kanawha County Housing & Redevelopment Authority

188 W. Va. 144 · West Virginia Supreme Court · Jul 9, 1992

Accordingly, the circuit court clearly erred in setting aside the verdict on the invasion of privacy claim in reliance on the jury’s response to the special interrogatory. … Smith on the ground that as a federal official he was entitled to qualified immunity for his discretionary acts. 3 . We first acknowledged an action for invasion of privacy in Roach v.

Rose v. Oneida Coal Co., Inc.

180 W. Va. 182 · West Virginia Supreme Court · Dec 13, 1988

Wilpen Coal Co., 134 W.Va. 387 , 59 S.E.2d 655 (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 released, waived, or qualified his right to such support.

Crossland v. Crossland

53 W. Va. 108 · West Virginia Supreme Court · Apr 4, 1903

On the 29th day of Auguse, 1901, America Victoria Crossland, one of the heirs, was appointed and qualified as administrator. … In this case thus vital and salutary provision of our fundamntal law was clearly violated.

Mildred L.M. v. John O.F.

192 W. Va. 345 · West Virginia Supreme Court · Dec 8, 1994

Based on the foregoing, we find that the evidence clearly preponderates against the verdict in this case. Syllabus Point 5 of Estate of Bayliss by Bowles v. … Inculpatory HLA blood-tissue test evidence is not admissible absent a proper foundation establishing that the proper testing procedures were employed and that the expert witness who interprets the test results is qualified

State of West Virginia ex rel. West Virginia University Hospitals, Inc. d/b/a J.W. Ruby Memorial Hospital v. The Honorable Michael D. Simms, Judge of the Circuit Court of Monongalia County, West Virginia and Cody Morton and Brooke Morton, individually and as administrators of the Estate of Brody William Morton

West Virginia Supreme Court · May 29, 2026

The Mortons responded to the Hinchman letter with a second screening certificate of merit from Michael Seaver, a registered nurse and clinical informaticist qualified in electronic medical record systems to opine as to … Cipoletti was an interlocutory appeal of an immunity determination, involving whether the circuit court erred in determining that the MPLA applied to the claims so as to deprive the State of its immunity. 250 W.

Thompson v. Toney

District Court, S.D. West Virginia · Oct 4, 2024

Thus, a prosecutor is only entitled to qualified immunity for administrative actions or investigative functions not related to trial preparation, such as holding a press conference, engaging in investigative activity prior … Even assuming arguendo that the Defendant acted outside of his prosecutorial functions, he would be entitled to qualified immunity.

United States v. Daily Gazette Co.

567 F. Supp. 2d 859 · District Court, S.D. West Virginia · Jun 19, 2008

The plan centered on a rapid reduction of the Charleston Daily Mail’s subscriber base in the hopes the newspaper would qualify as a “failing company” within 2 to 3 years. (Id. ¶ 19). … Microsoft Corp., 309 F.3d 193, 202-03 (4th Cir.2002) (“To establish a violation of § 1 of the Sherman Act, ...

Lucas v. Western Regional Jail

District Court, S.D. West Virginia · Sep 22, 2021

Additionally, Defendants posit that they are entitled to qualified immunity as Lucas does not allege that they violated any clearly established law. (Id. at 7–8). … Although the Eleventh Amendment refers only to suits by citizens of other states, the Supreme Court has construed the Amendment to “establish that an unconsenting State is immune from suits brought in federal court by

Knotts v. Board of Directors of JW Ruby Memorial Hospital

District Court, N.D. West Virginia · Dec 30, 2022

from the Plaintiffs’ claims under the Eleventh Amendment and the qualified immunity doctrine, and (4) the Plaintiffs have failed to state a claim for which relief may be granted. … Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins.

Goodyear v. Hullihen

10 F. Cas. 696 · District Court, D. West Virginia · Aug 15, 1867

There is a seal affixed, and this seal bearing the name of the officer who signs the certificate, it is clearly his seal. … I am, therefore, clearly of opinion that the certificate is sufficient.

Lockard v. Wiseman

139 W. Va. 306 · West Virginia Supreme Court · Feb 26, 1954

Shortly before or shortly after the action of the group in appointing Lockard as city manager- and Griffin as city clerk, the exact time not being clearly established, Wise-man, as presiding officer of the meeting, according … E. 153 , does not apply to the plaintiffs in the light of the established facts of this case.

Toppins v. Oshel

141 W. Va. 152 · West Virginia Supreme Court · Oct 18, 1955

The objection to the testimony of this witness on that point is that he was not qualified to testify as to the value of the timber. … Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion

Thomas v. Thomas

174 W. Va. 387 · West Virginia Supreme Court · Feb 28, 1985

McCoy, 167 W.Va. 59 , 278 S.E.2d 357 (1981), we held that the custody of a very young child should be with the primary caretaker if he or she meets a minimum, objective standard of behavior which qualifies him or her as a … It is well established in this jurisdiction that the paramount and controlling factor in custody cases is the welfare and protection of the child. As a corollary to this rule, we stated in Syllabus Point 4 of Murredu v.