Case law

Deborah Yost VanDervort v. W. Va. Public Service Comm. and Matthew J. Minney

West Virginia Supreme Court · Nov 16, 2018

Code, [6C–2–1], et seq. [ ], and based upon findings of fact, should not be reversed unless clearly wrong.” Syl. Pt. 3, id. (citation omitted). … Generally, “[a]n agency’s decision as to who is the best qualified applicant will be upheld unless shown by the grievant to be arbitrary and capricious or clearly wrong.” Thibault v. Div. of Rehab. Serv., W. Va. Educ.

State v. Dietz

182 W. Va. 544 · West Virginia Supreme Court · Mar 8, 1990

“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 … However, the record fails to establish the harm caused by the circuit court’s exclusion of evidence attempting to show that the victim was the aggressor.

Beverlin v. Beverlin

29 W. Va. 732 · West Virginia Supreme Court · Jun 25, 1887

But if - we admit its credibility it falls far short of establishing any actual contract of marriage. … It qualifies these words by provisions which would be wholly useless and unnecessary, if it were intended and should be held that the preceding provisions are simply directory.

State Ex Rel. Dilley v. West Virginia Public Employees Retirement System

180 W. Va. 24 · West Virginia Supreme Court · Nov 17, 1988

County commissioners qualify as members of the legislative body of a political subdivision. … Although the statutes could have been drafted more clearly, the result the legislature sought to achieve appears to be to include local school boards within the retirement system.

Mountain Valley Pipeline, LLC v. Martha Ann Zinn, and Mary Beth Naim, Judy Kay Smucker, and Jessica Grim

Intermediate Court of Appeals of West Virginia · Nov 6, 2025

In the complaint, Mountain Valley pled facts to establish this right to use such property for the intended purpose. … Here, the complaint clearly alleges the respondents committed the torts themselves, and not the act of conspiring to commit a tort by another.

CB&T Operations Co. v. Tax Commissioner of the West Virginia

211 W. Va. 198 · West Virginia Supreme Court · Feb 25, 2002

Appellants and CB & T Bank each clearly qualify as “persons” under Article 15A. See W. … West Virginia Code § 11-15-6 (1987) provides that “[t]o prevent evasion, it shall be presumed that all sales and services are subject to the tax until the contrary is clearly established.”

State of West Virginia v. Christopher T. Wolfe

West Virginia Supreme Court · Jun 28, 2013

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.” Syllabus Point 4, Burgess v. Porterfield, 196 W.Va. 178, 469 S.E.2d 114 (1996). Syl. … Finally, petitioner argues that the State failed to establish that he was even a participant in the telephone conversation. “‘In order for the State to prove a conspiracy under W.

West Virginia Judicial Inquiry Commission v. Dostert

165 W. Va. 233 · West Virginia Supreme Court · Jun 19, 1980

We promulgated and adopted Rules of Procedure for Handling Complaints Against Justices, Judges, and Magistrates 2 in-1976, establishing a Judicial Inquiry Commission and Judicial Review Board. … Unless they are clearly wrong, we will not set aside or reverse the findings. Workman v. Workmen’s Compensation Comm’r., _ W. Va. _, 236 S.E.2d 236 (1977).

Board of Education of County of Wood v. Enoch

186 W. Va. 712 · West Virginia Supreme Court · Mar 13, 1992

The Board of Education sought review in the Circuit Court of Wood County, which found that the hearing examiner’s decision “[was] clearly wrong and contrary to law and even seems to have been capricious.” Mr. … The Legislature established the summer school as separate and apart from the regular school term.

Maupin v. Sidiropolis

215 W. Va. 492 · West Virginia Supreme Court · Jun 16, 2004

Having established the parameters of our review in this case, we proceed to consider the parties’ arguments. 8 III. … Va.Code § 19-23-10(d)) ("To qualify as a bona fide resident of West Virginia, a registered greyhound owner may not claim resi- . dency in any other state.

Modular Building Consultants of West Virginia, Inc. v. Poerio, Inc.

235 W. Va. 474 · West Virginia Supreme Court · May 21, 2015

“If the Legislature intends to alter- or supersede the common law, it must do so clearly and without equivocation.” State ex rel. Van Nguyen v. Berger, 199 W.Va. 71, 75 , 483 S.E.2d 71, 75 (1996). … the injured *484 party was not established through that proceeding.” 217 W.Va. at 23 , 614 S.E.2d at 23 .

State of West Virginia v. Andrew Jackson McCauley, Jr.

West Virginia Supreme Court · Nov 13, 2024

Whether, on the showing made, a change of venue will be ordered, rests in the sound discretion of the trial court; and its ruling thereon will not be disturbed, unless it clearly appears that the discretion aforesaid has … Eggeman was qualified as an expert to testify as to her work with the dog. Ms.

Air Evac EMS, Inc. v. Cheatham

260 F. Supp. 3d 628 · District Court, S.D. West Virginia · May 15, 2017

Eleventh Amendment Next, Defendants claim Eleventh Amendment immunity. At issue is whether the Ex parte Young exception to sovereign immunity applies in this case. … Clearly, the “market participant” question will benefit from factual development that is not presently available to the Court. This matter is better reserved for summary judgment.

Kessinger

District Court, S.D. West Virginia · Feb 6, 2026

They contend summary judgment is warranted inasmuch as (1) Defendants are entitled to sovereign immunity or, alternatively qualified immunity, (2) Ms. … And third, while the individual Defendants have raised the qualified immunity defense, they do so in the alternative to sovereign immunity, which, like the second, renders the third factor of little assistance in the inquiry

Folse

District Court, S.D. West Virginia · Oct 22, 2025

The police defendants in their motion for summary judgment assert that they are entitled to qualified immunity from plaintiff’s constitutional claims because their “actions were based … are immune from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

State v. Zacks

204 W. Va. 504 · West Virginia Supreme Court · Dec 14, 1998

The specific and precise purpose for which the evidence is offered must clearly be shown from the record and that purpose alone must be told to the jury in the trial court’s instruction. … The jury was allowed to consider the evidence “only for the purpose of determining whether the State has proven and established the motive and intent of the Defendant.”

Miller v. Palmer

175 W. Va. 565 · West Virginia Supreme Court · Oct 23, 1985

NEELY, Justice: On 30 August 1983 the Wheeling City Council adopted Ordinance # 8003 establishing a fire service charge. … It is clearly the weight of authority, and it is expressly provided in our Constitution, that in the event of an inconsistency or conflict between a charter provision and a general law, the latter will prevail, ...”

Lose v. CPS Workers

District Court, N.D. West Virginia · Oct 22, 2021

or qualified immunity. … Haley, 738 F.3d 107, 118 (4th Cir. 2013)(qualified immunity). See Portee v. United States Dep't of Agric., No. 2:15-CV-13928, 2016 WL 4962727, at *2 (S.D.W. Va.

WVDHHR v. V.P.

West Virginia Supreme Court · Mar 21, 2019

The majority has correctly recognized that the DHHR and its employees enjoy qualified immunity from suit for their negligent acts. See e.g., Syl. Pt. 6, in part, Clark v. Dunn, 195 W.Va. 272, 465 S.E.2d 374 (1995). … Accordingly, I concur in the majority’s conclusion that summary judgment on the basis of qualified immunity should be awarded to the DHHR and its two employees.

Security National Bank & Trust Co. v. Willim

152 W. Va. 27 · West Virginia Supreme Court · Jan 16, 1968

It is clearly provided that such title in the trustee shall terminate upon the death of the granddaughter. … It is well established that words used in a will should not be confined to their strict meaning when it is clear from a reading of the entire instrument that a more flexible connotation was intended.