Case law

Addington v. United States

75 F. Supp. 2d 520 · District Court, S.D. West Virginia · Mar 12, 1999

Section 7433 is a very limited waiver of the United States’ sovereign immunity. … The IRS is clearly authorized to issue notices of intent to levy pursuant to 26 U.S.C. § 6331 (a).

Feltner v. Consol of Kentucky, Inc.

District Court, S.D. West Virginia · May 15, 2018

Code § 23–2–6 (1991) to provide qualifying employers sweeping immunity from 7 common-law tort liability for negligently inflicted injuries.”). … Feltner however argues that CEI was not a mere agent of COK and therefore does not qualify for immunity under the statute. (See ECF No. 9 at 2.)

Morgantown Mall Associates, LP v. Mark A. Musick, in his official capacity as Assessor of Monongalia County, West Virginia

Intermediate Court of Appeals of West Virginia · Aug 6, 2025

Knight further testified that these partial sales would not qualify as an arm’s-length transaction, and therefore, were not valid comparable sales. In addition, Mr. … Our law demands that assessments made by county tax assessors are presumed correct, and we conclude that MMA did not meet its burden to establish, by a preponderance of the evidence, that the property tax assessment for tax

State v. Mason

194 W. Va. 221 · West Virginia Supreme Court · Jun 15, 1995

Adams, transactional immunity, and they both testified at the trial. Mr. Canfield and Mr. Was-son did not testify. Defense counsel renewed his objections to the admission of Mr. Canfield’s and Mr. … Clearly, an essential purpose of the Confrontation Clause is to ensure an opportunity for cross-examination.

Myers v. Town of Milton

148 W. Va. 789 · West Virginia Supreme Court · Jul 17, 1964

The two final recitals read as follows: “WHEREAS, to qualify the institution sought to be established by the said W. T. … Thus, in the instant case, even if there were a conflict between the recitals and the granting clause, the latter clearly will prevail.

West Virginia Human Rights Commission v. Smoot Coal Co.

186 W. Va. 348 · West Virginia Supreme Court · Dec 12, 1991

Bums had breached the contract in that she had failed to establish satisfactorily the conditions precedent for Smoot to reinstate her. In Count 3, Smoot Coal Company claimed that Ms. … Rather clearly, the appellees were under threat of sanctions for retaliatory firing and a federal human rights action at the time they entered into the conciliation agreement.

State Ex Rel. Smith v. Pride

132 W. Va. 801 · West Virginia Supreme Court · May 27, 1949

If any candidate of such new party for the office of Mayor receives more than ten percent of the votes cast for all candidates for his office, the new party shall be established as a qualified political party at the next … This we think clearly could be the factual situation under the allegation of the relators’ petiton and certainly would be the possible result of the theory upon which their case is presented.

Taylor v. Cabell Huntington Hospital, Inc.

208 W. Va. 128 · West Virginia Supreme Court · Jul 20, 2000

will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.” … Scott qualifies as an expert in standard nursing practices. Ms.

State v. Myers

227 W. Va. 453 · West Virginia Supreme Court · May 26, 2011

See W.Va.Code § 15 — 12— 2b (establishing Board for purposes of assisting circuit courts “in determining whether persons convicted of sexually violent offenses are sexually violent predators”). … Clearly, the aim of the Legislature is to have the determination made as an adjunct to the sentencing of a sexual offender.

State v. Fleming

237 W. Va. 44 · West Virginia Supreme Court · Mar 7, 2016

forensic psychiatrists, or one or more qualified forensic psychologists. … Trainor responded: So let me qualify my statement there.

Solution One Mortgage, LLC v. Helton

216 W. Va. 740 · West Virginia Supreme Court · May 11, 2005

As we have frequently noted, “[wjhere the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. … The surety must be qualified to do business in this state. These bonds shall be conditioned upon the petitioner performing the orders of the court.

Simerly v. Osborne

District Court, S.D. West Virginia · Oct 26, 2020

Finally, Plaintiff argues that the Defendants are not entitled to qualified immunity. (Id.) … There is no question that the challenged use of 5 Plaintiff has apparently confused statutory immunity with qualified immunity. (See ECF No. 11 at 6.)

Buck v. Robinson

42 F. Supp. 697 · District Court, S.D. West Virginia · Jan 9, 1942

Plaintiffs have brought this action to recover damages for the unauthorized performance of three musical compositions entitled “You’ve Got Me This Way”, “My Blue Heaven”, and “Sweet Sue, Just You,” at defendants’ dine and dance establishment … Alexander testified that there was a rail with a little swinging door separating the dining room and the dance hall, but the evidence clearly shows that he was mistaken on this point.

Englerth v. Kellar

50 W. Va. 259 · West Virginia Supreme Court · Nov 30, 1901

This 'clearly appears in what he says of the case of Beachcroft v. Brown, 4 T. … Among the cases establishing this doctrine are Brant v. Virginia Coal & Iron Co., 93 U. S. 344 , and Smith v. Bell, 6 Pet. (U. S.) 68.

State v. KRYSTAL T.

185 W. Va. 391 · West Virginia Supreme Court · Jul 11, 1991

On June 4, 1990, Dan Benkiel, who qualified as an expert family counselor and who had been in charge of counselling the appellants during their improvement period, indicated that the appellants had just started the counselling … In syllabus point 6 of In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 (1973), this Court established the standard of proof in a case for termination of parental rights: The standard of proof required to support a court order

State v. Blevins

174 W. Va. 636 · West Virginia Supreme Court · Mar 28, 1985

Clearly substantial evidence existed to intimate that the appellant was psychologically troubled. Mr. … Indeed, no reasonably qualified defense lawyer could excuse or justify trial counsel’s handling of the appellant’s case.

Westfall v. Osborne

District Court, S.D. West Virginia · Oct 26, 2020

Finally, Plaintiff argues that the Defendants are not entitled to qualified immunity. (Id.) … There is no question that the challenged use of 5 Plaintiff has apparently confused statutory immunity with qualified immunity. (See ECF No. 11 at 6.)

Napier v. Lincoln County Bd. of Education

209 W. Va. 719 · West Virginia Supreme Court · Jul 2, 2001

Va.Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.”). III. … We therefore hold that in the absence of express statutory authority to the contrary, county boards of education have no power to create separate and legally distinct organiza *725 tions that are otherwise immune from the

Mallet v. Pickens

206 W. Va. 145 · West Virginia Supreme Court · Jul 21, 1999

Clearly, the average person paying premiums for a homeowners policy would expect a friend or loved one to be covered in any situation that the mailman would be covered. … Clearly the justices underestimated the degree of hesitation, but today we do our part by wading out of the “semantic morass.”

Shafman v. United States Department of the Treasury (In Re Shafman)

267 B.R. 709 · United States Bankruptcy Court, N.D. West Virginia · Aug 2, 2001

Innocent Spouse Relief Under § 6015(c) For Taxpayers No Longer Married Although Shafman does not qualify for innocent spouse relief under § 6015(b), she does qualify for limited liability under § 6015(c). 1. … Shafman clearly demonstrated a lack of knowledge as to the majority of the financial affairs of the marriage and of Tenney’s business transactions in 1991, and the IRS did not prove otherwise.