Case law

Robinson v. Continental Casualty Co.

185 W. Va. 244 · West Virginia Supreme Court · Jun 27, 1991

Of course, the insurance company or the doctor could move the court to restrict production of documents that would qualify as work product or would be otherwise privileged. … The liability and damages are not established until the appeal is decided. The plaintiffs rely primarily upon two cases, Rolden v.

Wilkes v. Raleigh County

District Court, S.D. West Virginia · Mar 27, 2018

Immunity Under the West Virginia Tort Claims and Insurance Reform Act Defendant Raleigh County argues that the Plaintiff’s claims should be dismissed against it as it is immune from liability for its employees’ intentional … These allegations clearly indicate that the Defendants intended the consequences of their actions.

State of West Virginia v. Shawn M. Tant

West Virginia Supreme Court · May 17, 2013

Petitioner first argues that the circuit court erred by denying petitioner’s motion for a directed verdict, as the evidence presented by the State clearly established overwhelming evidence of entrapment. … According to the State, the record clearly demonstrates that petitioner was aware of the prior agreements.

Club Ass'n of West Virginia, Inc. v. Wise

156 F. Supp. 2d 599 · District Court, S.D. West Virginia · Aug 31, 2001

The record clearly establishes such unequality. A game of that character cannot be lawfully played at any place. Id. at 729 , 86 S.E.2d at 247 . In 1970, the Legislature superseded Ca-landros by statute. … In those circumstances if the ultimate use of the revenue benefits the general public then the charge will qualify as a “tax, ” while if the benefits are more narrowly circumscribed then the charge will more likely qualify

State ex rel. Valley Radiology, Inc. v. Gaughan

220 W. Va. 73 · West Virginia Supreme Court · Nov 29, 2006

The jury was clearly misled as to the duty to award damages. … Moss, 189 W.Va. 570 , 433 S.E.2d 281 (1993) (categorizing inadequate jury awards into four typologies and describing type four as case where liability was clearly established and jury was confused only as to measure of damages

Collins v. New York Casualty Co.

140 W. Va. 1 · West Virginia Supreme Court · Jun 1, 1954

So clearly the question whether the casualty company is liable for the alleged injuries incurred by Jean Morrison, plaintiff in the other action, does not bear upon the liability in the instant action. … An examination of the authorities cited in the briefs of counsel and the annotations and texts heretofore cited clearly shows that the great weight of authority is to the effect that apart from slight deviations from the

Yonker v. Guifrida

581 F. Supp. 1243 · District Court, S.D. West Virginia · Mar 16, 1984

Congress’ failure to authorize such an action against these “fiscal agents” under Plan B, while specifically providing for suits against the individual insurance companies under Plan A, clearly evidences an intent on the … Accordingly, an insurance pool was established by members of the insurance industry and flood insurance policies were issued, marketed, and serviced by this pool through agreements with independent local agents, brokers and

In Re: R.B. and T.B.

West Virginia Supreme Court · Jun 19, 2017

According to the evaluation report, ten-year-old T.B. was never formally schooled and/or immunized. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Leach v. Buckner

19 W. Va. 36 · West Virginia Supreme Court · Dec 3, 1881

The depositions clearly show, that the administrator received $1,500.00 purchase-money from Byrd, with which he failed to charge himself; and that he had given himself credit for $500.00, as paid to Mrs. … Taking into view the character of the suit in chancery brought to establish a prior title originating under the land-law of Virginia against a person claiming under a senior patent, considering it as a substitute for a caveat

Vance v. Ritchie

178 W. Va. 155 · West Virginia Supreme Court · Jun 5, 1987

This section shall apply only to such proceedings as are not prohibited by the constitutional immunity of the State from suit under section 35, article VI of the Constitution of the State. *157 The Commissioner of Highways … In Phares , this Court implicitly acknowledged that a case such as the One before us, where the appellee seeks compensation for land damaged by the State, is clearly within the contemplation of W.Va.Code, 14-2-2(b), as amended

Ruby v. Insurance Com'n of West Virginia

197 W. Va. 27 · West Virginia Supreme Court · Jun 13, 1996

for the position or opening; (3) that he or she was rejected despite his or her qualifications; and (4) that after the rejection the respondent continued to accept the applications of similarly qualified persons. … This is the most damaging evidence against the Insurance Commission because it establishes a retaliatory motive. In addition, Ms. Ruby was dismissed shortly after Mr.

State v. Dean

134 W. Va. 257 · West Virginia Supreme Court · Apr 4, 1950

Generally, it is the law that the challenge of a venireman that he is not qualified, according to law, comes too late after he is sworn to try the issue. Thompson v. … No further duty rested upon the court; and, because Burns’ answer was in the negative, counsel for the defendant had reason to believe that he was qualified as a juror.

David Duff, II v. Kanawha County Commission

Intermediate Court of Appeals of West Virginia · Dec 9, 2022

Whether preexisting degenerative changes of the spine would qualify for an impairment rating using either the Range of Motion Model or West Virginia Code of State Rules Tables 85-20-C, D or E is not … Prior diagnoses or procedures may establish a percentage of impairment according to statute or the AMA Guides.

Burt v. Timmons

29 W. Va. 441 · West Virginia Supreme Court · Mar 26, 1887

This proposition can be admitted only in a qualified and limited sense. … These statements ' are, it seems to me, clearly untrue. A. 0.

Ohio Cellular Rsa Ltd. Partnership v. Board of Public Works

198 W. Va. 416 · West Virginia Supreme Court · Nov 18, 1996

Originally, the FCC awarded some of tíie licenses to the traditional, wire-based telephone companies, and the other licenses were awarded through a lottery system to businesses who qualified for the licenses. … In spite of this general rule, the Supreme Court of the United States has noted that the doctrine of federal immunity from state taxation "has become a 'much litigated and often confused field,’ ... one that has been marked

In the Interest of Moss

170 W. Va. 543 · West Virginia Supreme Court · Jul 15, 1982

However, it is desir *548 able to have a single clearly articulated definition applicable to arrest, issuance of a warrant, preliminary examination, as well as juvenile transfer. … The appellant asserts that the probation officer was not qualified to give an expert opinion.

Quintain Development, LLC v. Columbia Natural Resources, Inc.

210 W. Va. 128 · West Virginia Supreme Court · Dec 5, 2001

Relocation of CNR’s Pipeline Under Vinson and Baach Deeds The circuit court concluded that certain language contained in the two deeds granting easements over the Vinson and Baach tracts clearly established that the parties … In order to establish that CNR’s refusal constituted a nuisance, Quintain is required to establish that, under the terms of the relevant easements, CNR was obligated to move its lines and it refused to do so.

Heck v. Heck

171 W. Va. 527 · West Virginia Supreme Court · Nov 19, 1982

McCoy, 167 W.Va. 59 , 278 S.E.2d 357 (1981) was “clearly wrong”, and declined to follow it. … It remains only for us to apply the law established in Garska to the facts of this case.

Webb v. City of Williamson

107 W. Va. 375 · West Virginia Supreme Court · May 14, 1929

These officers qualified by taking oath and giving bond, but the then incumbents of the positions, claiming that they had not been lawfully removed therefrom, continued to carry out their .respective *377 duties. … He must in such ease first establish the right to the office by a quo warranto proceeding.

Hall v. Nello Teer Company

157 W. Va. 582 · West Virginia Supreme Court · Mar 12, 1974

The defendant contends that Waller should have been allowed to tell the jury why, in his opinion, the rock fell, because Waller was qualified to give his opinion. … be disturbed unless it clearly appears that its discretion has been abused.”