Case law

Wheeling Electric Company v. Gist

154 W. Va. 69 · West Virginia Supreme Court · Apr 7, 1970

The easements taken are clearly shown by the description contained in the pleading and judgment as amounting to only 17.93 acres. … Two qualified real estate appraisers of many years of experience testified on behalf of the plaintiff.

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.”

Hastings v. Douglass

249 F. 378 · District Court, N.D. West Virginia · Mar 15, 1918

Ed. 765 , it is said: “It Ras been a long-established rule that the courts of the United States Rave' n<? … In every such case, and in every other case where the validity of a marriage is called in question, it shall be presumed that the marriage is valid, unless the contrary be clearly proven.”

State of West Virginia v. David L. Ingram

West Virginia Supreme Court · Nov 19, 2020

Thereafter, we continued to consider all proportionality challenges utilizing the framework established in Wanstreet, Cooper, and Beck. … We conclude that Petitioner’s sentence must be upheld pursuant to the test established in Hoyle.

Brandon Carter v. Seven Rivers Design Build, LLC

Intermediate Court of Appeals of West Virginia · Dec 22, 2025

Upon review, we find that the Board was not clearly wrong in finding that Mr. Carter did not establish that his compensable injury resulted in permanent impairment, except for possible psychiatric impairment. … Carter asserts that the Guides do not require that all ten characteristics under section 4.1b be met in order to qualify for an impairment rating under that section. However, we note that Dr.

SER S.W., N.W., and M.W. v. The Hon. Patrick N. Wilson, Judge, WV DHHR, and S.K.

West Virginia Supreme Court · Jun 12, 2020

STANDARD OF REVIEW The standard of review for issuing a writ of prohibition is well-established by this Court. In Syllabus Point 4 of State ex rel. Hoover v. … So, we conclude that the circuit court’s grant of S.K.’s motion for a post-dispositional improvement period was clearly erroneous as a matter of law, and we grant Ms.

Hessami v. Corporation of Ranson

170 F. Supp. 2d 626 · District Court, N.D. West Virginia · Oct 3, 2001

Specifically, conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, to be regarded as atrocious, and utterly intolerable in a civilized community. 20 Clearly … Additionally, Captain Ballenger is immune from personal liability from the plaintiffs’ claims.

State v. Phillips

194 W. Va. 569 · West Virginia Supreme Court · Jul 21, 1995

The defendant attempted to establish that on the night of the shooting he and the victim attended a family gathering. … If he is bored by it, his description qualifies only as a present sense impression”). .

Hubbard v. SWCC and Pageton Coal Co.

170 W. Va. 572 · West Virginia Supreme Court · Sep 3, 1982

It is a long established rule of law in this jurisdiction that a dependent’s claim for death benefits is separate and distinct from the claim of the injured employee. Sizemore v. … Hubbard’s last exposure to the claim of his widow was therefore clearly wrong. II.

State Ex Rel. Godby v. Hager

154 W. Va. 606 · West Virginia Supreme Court · Nov 17, 1970

suffer the additional loss of the salary of the office and as between him and the governmental body that body should bear such loss rather than the officer who has been wrongfully removed from the office. *612 The well established … City of Williamson, 107 W.Va. 375 , 148 S.E. 324 , is clearly distinguishable from the case at bar.

State v. Lockhart

208 W. Va. 622 · West Virginia Supreme Court · Dec 1, 2000

In order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method. … But you did qualify your diagnosis, at that point? A. Yes. I have no trouble with what I wrote in 1988. Q. You qualified it in that the best diagnosis would be made after a therapeu- * tic long term relationship? A.

State of West Virginia v. David L. Ingram

West Virginia Supreme Court · Nov 19, 2020

Thereafter, we continued to consider all proportionality challenges utilizing the framework established in Wanstreet, Cooper, and Beck. … We conclude that Petitioner’s sentence must be upheld pursuant to the test established in Hoyle.

City of Charleston v. West Virginia Human Rights Commission

169 W. Va. 213 · West Virginia Supreme Court · Jan 26, 1982

The circuit court found that the Commission’s order was clearly wrong because its findings and conclusions were not supported by reliable probative evidence. … Thompson, except for meeting the Academy Training requirement, was qualified for appointment as a policeman in the Spring of 1973 and that she was certified by the Police Civil Service Commission for that job.

Charter Communications VI, PLLC v. Community Antenna Service, Inc.

211 W. Va. 71 · West Virginia Supreme Court · Feb 22, 2002

The Act clearly establishes that landlords and cable operators may not enter into certain agreements. … A well established cannon of statutory construction counsels against such an irrational result.

State Ex Rel. Vincent v. Gainer

151 W. Va. 1002 · West Virginia Supreme Court · Dec 12, 1967

The demurrer is to the effect that the facts in this case did not establish a moral obligation against the State, that the question involved is a judicial, not a legislative, function, and that the respondent, acting under … Of course, in that matter a suit was brought directly against the City which had no constitutional immunity. The respondent relies on the case of Adkins v.

State Ex Rel. Verdis v. Fidelity & Casualty Co. of New York

120 W. Va. 593 · West Virginia Supreme Court · Nov 10, 1938

Emmett Williams was elected constable for Marsh Fork District of Raleigh County in 1936, and duly qualified as such, executing a bond in the penalty of $3,500.00 with the Fidelity & Casualty Company of New York as *594 surety … We think it clearly established by the cases cited that for an unlawful act performed by a con *596 stable, either by virtue of his office or under color of the same, both the constable and the surety on his bond may be held

Wastezero, Inc. v. Foodmasters, LLC d/b/a Kanawha City Piggly Wiggly

Intermediate Court of Appeals of West Virginia · Apr 29, 2025

Through the voucher program, the City provided certain qualifying residents with vouchers that could be redeemed at participating retailers (such as Foodmasters) for 32-gallon trash bags or recycling bags. … By obtaining this admission, Foodmasters established it is entitled to a judgment on its counterclaim. See W. Va. R. Civ.

West Virginia Division of Highways v. Larry D. Scott

Intermediate Court of Appeals of West Virginia · Mar 6, 2023

Karam teaches radiation safety, is a published author on the subject of radiation safety, and has previously qualified as an expert on radiation in federal court. Dr. Karam reviewed the exposure data related to Mr. … The OOJ was not clearly wrong in reversing the claim administrator’s denial for compensability.

Smith v. Popish

District Court, N.D. West Virginia · Oct 2, 2017

To prove that a clearly established right has been infringed upon, a plaintiff must do more than allege that an abstract right has been violated. … Taking these assertions as true, this Court finds plaintiff has alleged sufficient facts by which it is plausible the City could have infringed upon a clearly established right.