Case law

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.

Tudor v. Charleston Area Medical Center, Inc.

203 W. Va. 111 · West Virginia Supreme Court · Dec 19, 1997

in the subject matter; however, a bad motive will defeat a qualified privilege defense. … In the instant case, however, we believe the jury clearly blurred this line, and the jury clearly incorporated punitive damages into its calculation of actual damages.

State ex rel. Thompson v. McAllister

24 L.R.A. 343 · West Virginia Supreme Court · Nov 15, 1893

to say, that all electors are duly qualified to hold office. … But it is clearly within the power of the legislature, even if, as the counsel claim, “there is no good reason for such law.”

State v. Clawson

165 W. Va. 588 · West Virginia Supreme Court · Sep 23, 1980

At the other extreme, a blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, would transform the Miranda safeguards into wholly … , usually by expert testimony, and (2) the witness furnishing such testimony must be properly qualified as an expert to give an opinion on the subject. ...

Brickstreet Mutual Insurance Co. v. Zurich American Insurance Co.

209 F. Supp. 3d 881 · District Court, S.D. West Virginia · Sep 16, 2016

Gutierrez was an employee of Taggart, Zurich is careful to qualify that characterization. … Based upon the PEO Agreement between EIN and Taggart, Taggart plainly qualifies as a client-employer. .

Ward v. Bethenergy Mines, Inc.

851 F. Supp. 235 · District Court, S.D. West Virginia · May 11, 1994

Co., 12 F.3d 410, 422 (4th Cir.1993) (“a party who prevails does not, by prevailing alone, establish a presumption of entitlement to an award of fees.”); Quesinberry v. Life Ins. Co. of N. Amer., supra. … This fact is clearly acknowledged by Bethener-gy in its Memorandum of Law in Opposition to Plaintiffs Motion for Summary Judgment, where it states, “plaintiff is correct that had he known of his COBRA options in advance,

Suess v. Pugh

245 F. Supp. 661 · District Court, N.D. West Virginia · Sep 21, 1965

Thus, the Congress by this enactment has clearly spelled out: (1) That Dr. … The right to counsel under the Sixth Amendment clearly applies to criminal cases only.

Appalachian Power Co. v. County Court of Mercer County

146 W. Va. 118 · West Virginia Supreme Court · Feb 21, 1961

The case was submitted to the trial court for decision upon an undisputed state of facts established by the petition, an answer in behalf of the respondents, and a written stipulation of fact. … On the other hand, when a legislative enactment is clearly unconstitutional, the duty of the Court is plain.

Christopher Grove v. W. Va. Racing Commission

West Virginia Supreme Court · Feb 27, 2015

The hearing examiner concluded that the record in this case established that the penalty handed down by the WVRC was “fair and just.” … We cannot assent to the proposition that the privileges and immunities of citizens of the United States, under the Fourteenth Amendment to the Constitution of the United States, or otherwise, shall be so far

Jacob H. v. Siera G.

Intermediate Court of Appeals of West Virginia · Nov 14, 2024

On March 7, 2024, the family court entered its Final Order Establishing Custodial Allocation. … App. 2024) (declining to address the merits of the petitioners’ claims when the respondents were entitled to qualified immunity). I am frequently reminded of this policy and practice by my colleagues.

Capitol Business Equipment, Inc. v. Gates

155 W. Va. 260 · West Virginia Supreme Court · Oct 19, 1971

The petitioner, a dealer in office furnishings, fixtures and equipment, had been for many years prior to January 6, 1970 a registered and qualified vendor doing business with the State of West Virginia pursuant to the provisions … Principally, however, their answer relies on the failure of the petitioner to exhaust its administrative remedies which are clearly provided in Code, 1931, 5A-3-40, as amended.

State v. Kendall

219 W. Va. 686 · West Virginia Supreme Court · Nov 29, 2006

“Whether Defendants can establish exigent circumstances is a disputed question of fact for the jury to decide.” Id. at *3. … Dennison in any manner and that it was not required to offer immunity for Mr. Dennison’s testimony. In essence, the State contends that Mr.

In re K.B.-1, K.B.-2, and K.B.-3

West Virginia Supreme Court · May 12, 2022

During K.B.-1’s doctor visit, the doctor noted multiple deep scars on the child’s chest and back, very poor dental health, and a lack of immunizations. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

In re K.R. and J.R.

West Virginia Supreme Court · Apr 9, 2018

The circuit court also reiterated that petitioners did not qualify as the children’s psychological parents. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Smittle v. Gatson

195 W. Va. 416 · West Virginia Supreme Court · Dec 8, 1995

Code, 21A-6-3(4) [1990] states, in pertinent part: For a week in which his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment or other premises … These facts show the employees qualify for unemployment benefits under the employer shutdown exception of W.Va.Code, 21A-6-3(4) [1990].

State ex rel. State Farm Mutual Automobile Insurance v. Bedell

228 W. Va. 252 · West Virginia Supreme Court · Apr 1, 2011

Blank had failed to establish good cause for the issuance of any and all protective orders; rather, our prior opinion clearly explains that Mrs. … Effect is to be given to that which is clearly implied as well as to that which is expressed.

State Ex Rel. Wiseman v. Henning

212 W. Va. 128 · West Virginia Supreme Court · Jul 2, 2002

Hussein’s opinion could “show no basis in established scientific knowledge because it has not been subjected to testing, peer review or publication, an established error rate, controlling standards, or a general acceptance … The petitioners contend that the trial court’s ruling is clearly erroneous as a matter of law.

Jefferson Utilities, Inc. v. Jefferson County Board of Zoning Appeals

218 W. Va. 436 · West Virginia Supreme Court · Nov 30, 2005

Jefferson Utilities is regulated by the Public Service Commission in connection with its provision of-water to citizens of Jefferson County, West Virginia, and clearly qualifies as a “public utility” under the laws of this … Those proceedings, which entail the presentation of evidence and the making of findings, are clearly quasi-judicial in nature.

David J. Riffle v. Shirley I. Riffle (now Miller)

235 W. Va. 430 · West Virginia Supreme Court · May 13, 2015

Turning to article twenty-seven, which addresses the prevention of domestic violence, we note initially that the acts which qualify as “domestic violence” or “abuse” are statutorily specified as distinct from the abuse … Mutual protective orders cannot be issued at the whim of the family court without qualifying allegations of domestic violence, or abuse, followed by evidentiary proof of those allegations.

Crescent Liquor Co. v. Platt

148 F. 894 · District Court, N.D. West Virginia · Oct 24, 1906

They allege that said company has for years past received and transported, under established rules and regulations, packages of liquors shipped by them to various persons with whom they have had dealings, at different points … elementary principal that an act of the Legislature must be presumed to fairly express the people’s will, that every intendment should be made in its favor, and that its conflict with *903 constitutional provisions must clearly