Case law

War Memorial Hospital v. The West Virginia Health Care Authority

West Virginia Supreme Court · Mar 27, 2023

[t]he acquisition by a qualified hospital which is party to an approved cooperative agreement as provided in section twenty-eight, article twenty-nine-b, chapter sixteen of this code, of a hospital located within a distance … of twenty highway miles of the main campus of the qualified hospital[.]”

Thrasher v. Amere Gas Utilities Co.

138 W. Va. 166 · West Virginia Supreme Court · Apr 16, 1953

As further establishing the improper construction of the covering by the plaintiff, and unduly limiting the capacity of the channel thereunder, it was clearly shown, and not disputed, that the channel of Montgomery Branch … Fullerton, a witness for defendant, qualified as a civil and hydraulic engineer.

State v. Derr

192 W. Va. 165 · West Virginia Supreme Court · Nov 18, 1994

Defense counsel did not object to the jurors being qualified, and we do not find anything in the record that suggests that they were not qualified to serve. IV. … the autopsy will establish the cause of death.

Parker v. Appalachian Electric Power Co.

126 W. Va. 666 · West Virginia Supreme Court · Mar 24, 1944

Witli the two classes of privileged communications, recognized in the law of libel and slander, absolute and qualified, we are concerned with the last only. … The declaration clearly alleges the circumstances in which the Ficklen letter was written. It is alleged that is was in response to a request and inquiry of the Rehabilitation Division.

Robert Workman v. Raleigh County Solid Waste Authority

Intermediate Court of Appeals of West Virginia · Feb 27, 2024

Workman had 9% WPI given that he almost qualified for the next category. Dr. Guberman also assessed 5% WPI for the right shoulder contusion. Dr. … App. 2022), the Board determined that the medical records established a reasonable basis to apportion some of Mr.

Penberthy Electromelt Co. v. Star City Glass Co.

148 W. Va. 419 · West Virginia Supreme Court · Mar 24, 1964

pleaded in abatement of any action, suit or proceeding instituted by it; * * That a state has the power to prescribe the terms and conditions upon which a foreign corporation may do business within its limits has long been established … The record clearly reveals that the only items involved in interstate shipment were four electrode holders of the total value of forty dollars.

Virden v. Altria Group, Inc.

304 F. Supp. 2d 832 · District Court, N.D. West Virginia · Jan 30, 2004

For federal law to be at the “forefront” of the case, “a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiffs cause of action.” … These cases, however, do not establish a per se rule that class action claims for disgorgement must be aggregated.

Spaulding

District Court, S.D. West Virginia · Jan 23, 2026

immunity. … § 1983 and is entitled to Eleventh Amendment immunity.

Ben Shin Trucking v. Joseph W. Howell

West Virginia Supreme Court · Aug 26, 2016

Allen opined that he would only be qualified for sedentary duties with minimal lifting and bending. A letter from Dr. Allen dated June 19, 2014, indicated that Mr. … Steinman established that Mr. Howell was temporary and totally disabled on May 6, 2014, and Dr.

Van Gilder v. City of Morgantown

136 W. Va. 831 · West Virginia Supreme Court · May 24, 1949

To hold, under that section, that a municipality is immune from such liability, creates a dangerous and unjust innovation in the law contrary to well established legal principles in this State and in other jurisdictions which … E. 2d 585 : “The Legislature may not declare that a public purpose which is clearly a private one. It cannot, by its mere fiat, make black white. Ohio Oil Co. v. Wright, 386 Ill. 206 , 53 N. E. 2d 966 .”

Proudfoot v. Dan's Marine Service, Inc.

210 W. Va. 498 · West Virginia Supreme Court · Jan 8, 2002

Three, the guarantee of a trial by jury in Article III, Section 13 of the West Virginia Constitution presumably means six qualified jurors. … W.Va.Code § 52-l-8(b)(6) (1993) clearly provides that “[a] prospective juror is disqualified to serve on a jury if the prospective juror ...

Eastham v. Holt

43 W. Va. 599 · West Virginia Supreme Court · Sep 14, 1897

These, as heretofore shown, are clearly abrogated by the constitution and statute enacted as a substitute therefor. … Yet I recognize that such rule cannot be established except by concurrence of a majority of the Court, as affirmative action is required.

Rogers v. McDowell County Commission

District Court, S.D. West Virginia · Sep 28, 2023

Plaintiff alleges that the officers’ conduct falls within the second exception to this immunity because it “was wanton, willful and reckless while violating policy and procedures established … The individual defendants are immune from this claim because “[t]his statutory immunity for negligence is absolute and not qualified.” Hamstead v.

Currence v. Wolf Run Mining, LLC

District Court, N.D. West Virginia · Jul 27, 2020

qualifying employers sweeping immunity from common-law tort liability for negligently inflicted injuries. … the exclusivity provision of the Workers’ Compensation Act is inapplicable as the Legislature did not intend such injuries to fall within the types of injuries for which the Workers’ Compensation Act was established

State ex rel. Brandon v. Board of Control

84 W. Va. 417 · West Virginia Supreme Court · Sep 9, 1919

Governor to submit this áp-'pointmenf to the senate for its action, and of course if this •contention is correct the refusal of the senate to confirm the same left the office vacant, and the appointment of Harding thereto was clearly … Said warden shall hold his office for four years and until his successor has been appointed and qualified, unless sooner removed for cause by the governor."

Henegar v. Sears, Roebuck and Co.

965 F. Supp. 833 · District Court, N.D. West Virginia · Feb 13, 1997

Under these circumstances, a prima facie case of discrimination is established when it is shown: (1) that the complainant belongs to a protected group under the statute; (2) that he or she applied and was qualified for the … Court cannot dismiss plaintiffs claim on this basis. *838 As indicated above, a court reviewing a 12(b)(6) motion must accept plaintiffs factual allegations as true and should grant the motion only when these allegations “clearly

Wheeling Dollar Savings & Trust Co. v. Singer

162 W. Va. 502 · West Virginia Supreme Court · Oct 31, 1978

Since Hanes clearly established the right of adopted children to be treated as natural children, the only remaining question presented in the case before us is whether adherence to formal adoption procedures, W.Va *508 Code … (Emphasis added) As the circuit court concluded, the term “then living” clearly looks to the future. When the testatrix used “then” again in the same sentence, that also clearly looks to the future.

Williams v. West Virginia State Police

District Court, S.D. West Virginia · Jan 26, 2018

The Defendants argue that summary judgment is appropriate based on the principles of res judicata, collateral estoppel, and qualified immunity. … The Defendants also argue that summary judgment is appropriate because the Defendants are entitled to qualified immunity, there is no supervisory liability regarding the West Virginia State Police, Colonel Smithers, and

West Virginia State Bar v. Earley

144 W. Va. 504 · West Virginia Supreme Court · Jun 9, 1959

The right to practice law is not a privilege or immunity of a citizen of the United States within the meaning of the Fourteenth Amendment to the Constitution of the United States. In re Lockwood, 154 U. S. 116 , 14 S. … qualified.

Sanger v. Dodrill

District Court, S.D. West Virginia · Aug 17, 2023

immunity. … immunity.”