Case law

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.

Walker v. Doe

210 W. Va. 490 · West Virginia Supreme Court · Jan 11, 2002

Only those statements included in a per curiam opinion that are not necessary to the decision reached in the case or those that are clearly beyond the legal points that are being resolved in an opinion qualify as “obiter … The value of per curiam opinions is well-established.

Karen Adams v. Pennsylvania Higher Education Assistance Agency

237 W. Va. 312 · West Virginia Supreme Court · Jun 3, 2016

Section 682.402(e)(3) plainly states as follows with regard to the steps required of a borrower to qualify for an “ability to benefit” discharge: Except as provided in paragraph (e)(15) of this section, to qualify for a discharge … It is well-established that evidence of a promissory note alone is sufficient to establish a prima facie obligation. See U.S. v. Irby, 517 F.2d 1042 (5th Cir. 1975).

Appalachian Regional Healthcare, Inc. v. West Virginia Department of Health & Human Resources

232 W. Va. 388 · West Virginia Supreme Court · Nov 21, 2013

By enacting a statutory scheme that allows the states to establish rates in accordance with federal laws and regulation, the federal government has clearly manifested its intention that Medicaid reimbursement rates are … The Massachusetts court also found that the Massachusetts legislature did not intend to waive sovereign immunity in a Medicaid reimbursement challenge.

Spencer v. Steinbrecher

152 W. Va. 490 · West Virginia Supreme Court · Dec 10, 1968

each avowed out of the presence of the jury that in their “opinion” it was worth about $350 or $300 without showing any experience to qualify them as evaluator. … The rule relating to punitive damages is clearly stated in point 3 of the syllabus in the case of Toler v. Cassinelli, supra, and followed in the Ennis v.

Paula L. Cunningham v. Felman Production, LLC

West Virginia Supreme Court · Oct 17, 2014

Instead, petitioner must establish that respondent “actually possessed such knowledge.” Id. … appeal to this Court that she established “actual knowledge” by virtue of our holding in Ryan v.

State v. Koon

190 W. Va. 632 · West Virginia Supreme Court · Dec 9, 1993

This evidence thus established all elements required for a conviction of third degree assault under W.Va.Gode 61-8B-5 [1984]. Mrs. … Fremouw was qualified to render an opinion on it. Once Dr.

Richard Parsons v. Halliburton Energy Services, Inc.

237 W. Va. 138 · West Virginia Supreme Court · Apr 11, 2016

Clearly, this new point of law runs afoul of the majority of other jurisdictions that either require a showing of prejudice, or at least consider it a significant faútor in determining whether a party has waived the right … Marple, 236 W.Va. 654 , 783 S.E.2d 75 (2015) (emphasis added) (citations omitted) ("The defense of qualified immunity 'is not waived if the defendant "raised the issue at a pragmatically sufficient time, and [the plaintiff

Charles G. Delbert v. Murray American Energy, Inc. and Murray American Energy, Inc. v. Charles G. Delbert

West Virginia Supreme Court · Nov 3, 2022

findings of fact that are clearly wrong.” … Tellingly, Murray American cites to no “clearly wrong” finding of fact in the OOJ or BOR’s orders, instead arguing that the BOR was “clearly wrong in not finding Ms.

State Ex Rel. Phoenix Insurance Company v. Ritchie

154 W. Va. 306 · West Virginia Supreme Court · Jul 7, 1970

The petitioners allege that they have established a clear legal right to writs of mandamus against the respondent to compel him to institute condemnation proceedings for the purpose of ascertaining the value of the property … In the Constitution of 1872, the words "or damaged" were inserted; but the qualifying, restrictive phrase, "for public use", remains unchanged.

Rose v. Sandy

District Court, S.D. West Virginia · Oct 30, 2023

conferred by the 11th Amendment also affords them immunity from suit, which includes discovery. … If objections are filed, the District Judge will consider the objections and modify or set aside any portion of the Order found clearly to be erroneous or contrary to law.

STATE EX REL. VALLEY RADIOLOGY v. Gaughan

640 S.E.2d 136 · 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

Wei-ping Zeng v. Marshall University

West Virginia Supreme Court · Apr 20, 2020

Petitioner states that Th2 cells can be beneficial (they provide immunity against worm infections) or detrimental (they cause allergic diseases such as asthma). … He argues the circuit court was clearly wrong in finding otherwise.

Flesher v. Board of Review, West Virginia Department of Veterans' Affairs

138 W. Va. 765 · West Virginia Supreme Court · Oct 13, 1953

Flesher, the unremarried widow of the deceased veteran, Harry Edward Flesher, has hot been established, and as the proof in this proceeding is not sufficient to render applicable the statutory presumption that she is dead … Because she is a nonresident of this State and was such nonresident at the time the application of the appellant for payment of the bonus was made she is not qualified to receive such bonus.

Webb v. Paine

District Court, S.D. West Virginia · Jan 26, 2021

The relevant inquiry on the “clearly established” prong is an objective one, whether plaintiff’s right, found to have been violated, was clearly established based on applicable, binding … Defendants are not entitled to summary judgment based on qualified immunity. B.

Marshall v. Stalnaker

70 W. Va. 394 · West Virginia Supreme Court · Feb 20, 1912

There is some testimony tending to establish certain objects as monuments on each of the contested lines, but not at all conclusive. The location of the line was, therefore, clearly a jury question. … Note by Bkahnoh, Judge : Is the broad statement in point 3 clearly sound?

State v. Board of Education of Jefferson County

135 W. Va. 349 · West Virginia Supreme Court · Feb 13, 1951

by the board of education and that the charge of the petitioner in that respect is not established. … The petitioner in this proceeding has not established the right to receive the salary which he claims. In consequence the writ prayed for in the petition is denied. Writ denied.

Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources

19 F. Supp. 2d 567 · District Court, N.D. West Virginia · Feb 19, 1998

Also, a public entity may not “establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability.” 28 … First, no party contests that defendants qualify as public entities.

Lance v. McCoy

34 W. Va. 416 · West Virginia Supreme Court · Dec 10, 1890

have a committee, made oath and procured other persons to make oath, before the County Court of Barbour county, that she was insane and not capable of taking care of herself, and had said McCoy appointed her committee, who qualified … Thus, clearly, the Circuit Court can not appoint a committee *419 without notice.

Timmy Smith v. Constellium BV

West Virginia Supreme Court · Jan 7, 2016

Smith did not establish that he is entitled to temporary total disability benefits as a result of his compensable injury. … To qualify for temporary total disability benefits under West Virginia Code of State Rules § 85-1­ 5.1, Mr.