Case law

Richard Heath v. Alliance Coal, LLC

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

on February 28, 2020, and that the OOJ had subsequently reinstated those benefits and ordered that they be paid from the date of the last payment (February 19, 2020) and to continue until good cause to terminate had been established … Heath further testified that he qualified to be a FEMA inspector but was unable to perform the inspections due to his injury. Mr.

Strasburg

District Court, N.D. West Virginia · Feb 11, 2026

made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). … He quotes case law on conspiracy, the powers of the court, qualified immunity, strict scrutiny, the requirements for a complaint, and statutory construction, among others. Id.

Dzinglski v. Weirton Steel Corp.

191 W. Va. 278 · West Virginia Supreme Court · May 26, 1994

[A] bad motive will defeat a qualified privilege defense ... … Dzinglski’s alleged improprieties was subject to a qualified privilege.

State v. Noe

160 W. Va. 10 · West Virginia Supreme Court · Dec 21, 1976

The pathologist had been qualified as an expert medical witness and had been accepted by the court as such. … After cross-examination which clearly established that such an opinion was not his medical opinion, and was not based on medical factors, defense counsel moved to *17 strike the doctor’s testimony with reference to sexual

United States v. ReBrook

837 F. Supp. 162 · District Court, S.D. West Virginia · Oct 26, 1993

If the indictment sets forth the elements of the crimes of which it accuses the Defendant in sufficient detail to notify him of the charges he faces, and does not present double jeopardy problems, it is immune to attack by … If the public had known video lottery expansion was imminent, clearly there would have been no incentive to delay its implementation until after the election.

Rosciti Construction Co. v. Louise Moran, Widow

West Virginia Supreme Court · Nov 4, 2015

The Board of Review modified the Order of the Office of Judges to reflect that Edward Moran, William Moran’s father, was dependent, in part, on his son’s earnings but does not qualify as wholly dependent under West Virginia … The evidence establishes that Mr. Moran’s father receives $1,500 per month in Social Security benefits.

Ballard's Farm Sausage, Inc. v. Dailey

162 W. Va. 10 · West Virginia Supreme Court · Jul 11, 1978

Code, ll-13-2b [1974] which establishes the manufacturing rate classification. … not the “dressing and processing of food” but the pasteurization of milk clearly is.

Marcum v. Zimmer

887 F. Supp. 891 · District Court, S.D. West Virginia · Jun 7, 1995

To qualify, a Plan participant must show he “is unable to engage in any occupation for which he is qualified by education, training or experience.” Defendants’ Exhibit 2A at 5-6. … The Plan Administrator herein is an employee of the company establishing and purchasing insurance to fund the Plan, defendant Bristol-Myers Squibb Company.

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.)

State ex rel. U-Haul Co. v. Zakaib

232 W. Va. 432 · West Virginia Supreme Court · Nov 26, 2013

The fact that the petitioner’s prior contracts with the respondents made no mention of an arbitration clause does not establish a “course of dealing” between the parties; rather, it establishes a consistent but unilateral … In the instant case, the arbitration provision at issue was not even contained in the contract; it was clearly, unambiguously and conspicuously not there.

State of West Virginia v. Larry T. Huffman

West Virginia Supreme Court · Dec 7, 2020

it clearly appears that its discretion has been abused.” … A review of the record establishes that Sgt.

Young v. West Virginia University

District Court, N.D. West Virginia · Mar 17, 2022

It is well-established that “an unconsenting State MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION, OVERRULING OBJECTIONS, AND GRANTING AMENDED MOTION TO DISMISS is immune from … Ryan is also entitled to Eleventh Amendment immunity. See Will v. Mich.

State Ex Rel. Billings v. City of Point Pleasant

194 W. Va. 301 · West Virginia Supreme Court · May 18, 1995

It is well established that "[t]he rémedy of mandamus is a drastic one, to be invoked only in extraordinary situations.” Kerr v. … Clearly, the first two prerequisites justifying the issuance of a writ of mandamus (discussed infra) are applicable to all mandamus actions. 2 .

Miller v. BAS Technical Employment Placement Co.

130 F. Supp. 2d 777 · District Court, S.D. West Virginia · Jan 12, 2001

must establish either: [t]hat there is no possibility that the plaintiff would be able to establish a cause of action against the in-state defendant in state court; or [t]hat there has been outright fraud in the plaintiff … The best way to advance this objective is to accept the parties joined on the face of the complaint unless joinder is clearly improper.

Glen Falls Insurance v. Smith

217 W. Va. 213 · West Virginia Supreme Court · Jul 1, 2005

qualified as an insured under Leneice Combs' insurance policy. … Instead, he contends that he qualifies as a "ward" or "foster child" under the policy definition.

Nowsco Well Service, Ltd. v. Home Insurance

799 F. Supp. 602 · District Court, S.D. West Virginia · Sep 24, 1991

We abolished charitable immunity for hospitals ... [and held] that there is a common law governmental immunity for municipal corporations ... … The existence of an alternative forum is ordinarily established when the defendant is “amenable to process” in the foreign jurisdiction.

Brittany Foster v. Primecare Medical of West Virginia, Inc.

West Virginia Supreme Court · May 27, 2025

Questions of law are reviewed de novo, while findings of fact made by the Board of Review are accorded deference unless the reviewing court believes the findings to be clearly wrong.” Syl. Pt. 3, Duff v. … course of and resulting from covered employment, such claim for workers’ compensation benefits shall be the sole and exclusive remedy for such injury, disease, or death and the immunity

State of West Virginia ex rel., State of West Virginia v. The Honorable Paul W. Gwaltney, Jr., Judge of the Circuit Court of Monongalia County, and William J. McGough

West Virginia Supreme Court · Oct 28, 2024

Respondent McGough conceded that his Ohio qualifying offense falls within the eight categories of offenses contained in West Virginia Code § 15-12-2(b). … This ruling clearly violated our prior caselaw, including syllabus point three of Gwaltney, and impermissibly invaded the grand jury’s province.

Nally v. Davis

District Court, N.D. West Virginia · Feb 21, 2020

Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. … Further, the Magistrate Judge is correct that Davis (the prosecutor) and Cuomo (the judge) are entitled to qualified immunity.

Adkins v. Leverette

164 W. Va. 377 · West Virginia Supreme Court · Mar 25, 1980

It has been established that the continuances of the trial on indictment No. 1707 were granted upon the motion of the then defendant. It also appears that the jury impaneled to hear that case was discharged. … Here it clearly appears that the defendant, believing that the delay was beneficial, requested and was granted several continuances. By his actions he, at least impliedly, consented to the discharge of the jury.