Case law

State Ex Rel. Wayne v. Sims

141 W. Va. 302 · West Virginia Supreme Court · Nov 22, 1955

If Hopson could hold over until his successor was appointed and qualified, under the provisions of Code, 6-5-2, the failure of the Senate to consent to his appointment would be of no consequence. … Clearly, it was not the intention of the writers of the Constitution, and of the people of this State who adopted it, that such *308 a situation should prevail as to appointees to office where the authority to select such

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.

Virdie Allen v. Monsanto Co. and Pharmacia Corp.

West Virginia Supreme Court · Nov 22, 2013

With respect to the medical monitoring class settlement, the court determined that the ultimate evidence established that only about 5,000 people had significant exposure to qualify for benefits under Syllabus Point 3 of … The plaintiff’s demographic expert concluded that approximately 5,000 people could actually meet all the criteria established by [Class expert] Dr. Sawyer to qualify for [Class expert] Dr.

State v. Miller

197 W. Va. 588 · West Virginia Supreme Court · Jun 14, 1996

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.” … Clearly, this situation is not the case sub judice. The jury was given a permissive choice whether to infer malice.

Johanna Dorsey v. Progressive Classic Insurance

232 W. Va. 595 · West Virginia Supreme Court · Nov 13, 2013

In Loudin , the Majority departed from well-established law by imposing a duty of good faith and fair dealing on insurance companies when dealing with third parties, despite the absence of any underlying contractual duty. … Thus, even though Dorsey qualifies as an “insured person” under the policy, she is not a first party to the contract; she is a third party. See, e.g., Gillette v.

City of Moundsville v. Brown

127 W. Va. 602 · West Virginia Supreme Court · Apr 24, 1945

Va. 351 , this Court held that: “A decision upon a general demurrer to a bill, which has clearly gone to the merits of the case, is an effectual bar to further litigation; and where no formal defects appear upon the face … Nor is property held in trust immune against such an assessment. No statute creates such exemption, and no equitable or legal principle is cited which would so operate.

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.

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.

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.

Doe

District Court, S.D. West Virginia · Sep 11, 2026

It is well established that this “immunity is overcome in only two sets of circumstances.” Mireles v. Waco, 502 U.S. 9, 11–12 (1991). … However, judges and magistrates alike are subject to § 1983 liability when their conduct “clearly exceed[s] the most common understandings of the proper judicial role.” Gibson, 85 F.4th at 222–23.

United Hospital Center v. Cheryl Romano, Assessor Of Harrison County, etc.

233 W. Va. 313 · West Virginia Supreme Court · Mar 26, 2014

Because there is no dispute as to the Hospital’s qualification as a charitable organization pursuant to federal law, we proceed to examine whether the second prong of the test adopted in Wellsburg has been established. … laws, for the benefit of an indefinite number of persons, either by bringing their hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish

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?

WV CONSOL. PUBLIC RETIREMENT BD. v. Carter

633 S.E.2d 521 · West Virginia Supreme Court · Jun 14, 2006

Va.Code § 5-10-1, et seq. ); the Teachers Retirement System (established in W. Va.Code § 18-7A-1, et seq. ); the Teachers Defined Contribution Retirement System (established by W. … Va.Code § 18-7B-1, et seq. ); the West Virginia State Police Death, Disability and Retirement Fund (established by W. Va.Code § 15-2-1, et seq. ); the West Virginia State Police Retirement System (established by W.

CSX Transportation, Inc. v. Peirce

974 F. Supp. 2d 927 · District Court, N.D. West Virginia · Sep 25, 2013

The lawyer defendants did not clearly identify the ruling they sought in their Motion in Limine No. 12. … Id. at 60 , 113 S.Ct. 1920 . 2 The lawyer defendants argue that they are entitled to Noerr-Pennington immunity and the sham exception does not apply because the evidence at trial established that all of the eleven claims

Orr v. Crowder

173 W. Va. 335 · West Virginia Supreme Court · Jan 25, 1984

He claimed that the college had a de facto tenure program under which he qualified. … The defendants argue that their defense of good faith immunity with regard to the procedural due process claim was established as a matter of law.

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.

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.

Blagg v. Van Sickle

90 W. Va. 351 · West Virginia Supreme Court · Feb 21, 1922

These heirs-at-law filed an answer, to the bill in which they admit that the plaintiff was the duly qualified administrator of their ancestor’s estate. … It is quite well established that where a party in his pleadings admits the making of the contract, in order to rely upon the Statute of Frauds to defeat recovery he must plead it. Barrett v. McAllister, 33 W.

State ex rel. Leeber v. Board of Education

143 W. Va. 584 · West Virginia Supreme Court · Jun 3, 1958

It is established herein that, though the charges against petitioners were reduced to writing and filed, they were not actually “entered of record”. … Clearly, there *588 fore, the removal order was void, and no vacancy was created by the entry thereof. In Hertzog v. Fox, Mayor, 141 W. Va. 849 , 93 S. E. 2d 239 , we held: “1.

CashCall Inc. v. Patrick Morrisey, Attorney General

West Virginia Supreme Court · May 30, 2014

unless it clearly appears that its discretion has been abused.” … In the order on appeal, the circuit court clearly stated that, although Mr.