Case law

Rivers v. Department of Highways

9 Ct. Cl. 45 · West Virginia Court of Claims · Dec 27, 1971

Adequate sewage disposal was an essential requirement to establish eligibility for the housing-allowance. … This defense is not tenable, and is not supported by the evidence, but on the contrary, the evidence adduced clearly *48 and persuasively established that the Respondent undertook to provide a sewage disposal system without

Stephen Maynard v. Wexford Health Sources

West Virginia Supreme Court · May 23, 2016

In that deposition, petitioner qualified Dr. Weaver as an expert in the areas of dental, oral, and maxillofacial surgery. Dr. … This matter is clearly a medical professional liability case.

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.”

Barbina v. Curry

221 W. Va. 41 · West Virginia Supreme Court · Feb 15, 2007

Barbina failed to establish that a special relationship existed in this case. … Barbina invoked the special relationship doctrine in order to overcome the general immunity the Sheriff has under W. Va.Code § 29-12A-5 (1986) (Repl.Vo0l.2004). 12 .

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.

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.

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.

Chunco v. Weinberger

405 F. Supp. 1159 · District Court, S.D. West Virginia · Dec 18, 1975

September 5, 1974, after considering the case de novo, the administrative law judge held that the plaintiff was not entitled to a period of disability or to disability insurance benefits, finding that the evidence failed to establish … The need for such testing in the instant case has clearly been shown. Drs. Hillier and Wells were unable to pinpoint the cause, severity and possible treatment of his alleged back condition due to the lack of such test.

Franklin v. The West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Mar 24, 2025

STANDARD OF REVIEW It is firmly established that the Eleventh Amendment bars an individual citizen from bringing a suit in federal court against a sovereign state. Roach v. W. Va. … Feeney, 495 U.S. 299, 304 (1990) (construing the Eleventh Amendment “to establish that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state” (internal

State ex rel. Baker v. Morgan County War Memorial Hospital

228 W. Va. 185 · West Virginia Supreme Court · Jun 15, 2010

The document prepared by the hospital clearly states that the defined benefit pension plan “was terminated].]” … The hospital argues that IRS Revenue Ruling 89-87 sets forth three events that must occur in order for a pension plan to terminate: In order to terminate a qualified plan, the date of termination must be established, the

Carper v. United Fuel Gas Co.

78 W. Va. 433 · West Virginia Supreme Court · May 16, 1916

But that relation had not been established, when the acts complained of here took place. … The 'qualified condition is the mildest and must equitable of the three provisions.

Flanagan v. Mott

145 W. Va. 220 · West Virginia Supreme Court · May 17, 1960

The evidence does not clearly establish the time which elapsed between the time the bus was completely stopped and the time of the impact. The bus driver testified that period of time to be “fifteen or twenty seconds”. … Since the evidence clearly establishes that the City of Keyser had enacted no ordinance relating to the regulation of traffic on Memorial Bridge, we do not consider any question which could arise in the event of the existence

Global Capital of World Peace v. Norma Wagoner, Assessor

West Virginia Supreme Court · Nov 9, 2017

Thus, Petitioners “are clearly narrowing the pool of this state’s citizenry who can potentially benefit from their services.” Id. at 284, 607 S.E.2d at 390. … Having failed to meet the exclusive use test established in Wellsburg, Petitioner is not entitled to the exemption from ad valorem property taxes set forth in West Virginia Code § 11-3­ 9.

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.

Strawser v. Lawton

126 F. Supp. 2d 994 · District Court, S.D. West Virginia · Jan 3, 2001

Eleventh Amendment Immunity From Suit “Although the Constitution establishes a National Government with broad, often plenary authority over matters within its recognized competence, the founding document ‘specifically recognizes … Defenses to and immunities available to its principals protect both the agent and the escrow.

Lee v. West Virginia University

District Court, N.D. West Virginia · Apr 20, 2023

The WVU defendants are entitled to sovereign immunity Here, it is undisputed that the WVU defendants are state agencies or arms of the state which qualify for protection under the Eleventh … The second through sixth exceptions clearly do not apply to this action. Dr. Lee brings this case as a private citizen.

Tennessee Gas Transmission Co. v. Fox

134 W. Va. 106 · West Virginia Supreme Court · Mar 21, 1950

Whether his qualification to state an opinion is sufficiently established is a matter which rests in the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears … E. 1031 , was rejected because they were clearly not qualified to express an opinion concerning the matters about which they testified.

Poffenbarger v. New York Life Insurance Company

277 F. Supp. 726 · District Court, S.D. West Virginia · Dec 22, 1967

Here, except for non-payment of premiums, not only is the validity of the “policy” immune from contest after one year, but, additionally, the validity of insurance on any employee is also immune therefrom. … It is well established in West Virginia that the lex loci contractus governs the nature, construction and validity of contracts. Klinck v. Price, 4 W.Va. 4 (1870).

Heinemann v. Jim Walter Homes, Inc.

47 F. Supp. 2d 716 · District Court, N.D. West Virginia · Nov 13, 1998

Plaintiffs, proceeding pro se, allege that the defendants violated their procedural due process rights and transgressed established substantive law by wrongfully foreclosing on property owned by plaintiffs in Pocahontas County … Clair failed to restore plaintiffs as legal owners of the subject property even though said defendants knew that plaintiffs qualified for a Federal Emergency Management Administration Mortgage or Rental Assistance (FEMA/MRA

Martin v. White

74 W. Va. 628 · West Virginia Supreme Court · Jun 30, 1914

These objections were based on disqualification under the following provision of the statute: “No person shall be qualified to hold the office of mayor, recorder, or councilman of such city, town or village unless he is a … Until the disqualification of those who were found to be elected on the face of the returns is established according to law, petitioners clearly do not show themselves entitled.