Case law

State v. Young

166 W. Va. 309 · West Virginia Supreme Court · Dec 19, 1980

This departure from the traditional verbal act rule was firmly established in Starcher v. South Penn Oil Co., 81 W. … We cannot say today that the lower court was clearly wrong in admitting the statement as a dying declaration.

Lisa R. Daniels v. DAL Global Services, LLC

Intermediate Court of Appeals of West Virginia · Jun 5, 2024

To establish the prima facie case for a retaliation claim, Ms. … Instead, she argued that her job wasn’t automatically qualified as “safety sensitive” by the FAA.

In re C.R. Bard, Inc.

948 F. Supp. 2d 589 · District Court, S.D. West Virginia · Jun 4, 2013

Hoyte’s testimony, he clearly has knowledge of Avaulta products and the design of Avaulta products. … Brennan also clearly has ex *637 tensive education and experience in biom-aterials generally.

State v. Golden

90 W. Va. 496 · West Virginia Supreme Court · Mar 14, 1922

It is clearly established by our own decisions that such evidence may be introduced and considered for that purpose. State v. Kittle, 85 W. Va. 116 . … They stated that Doctor Coffman was an eminent and well qualified physician of long standing,, and an expert in such matters.

State Ex Rel. Atkinson v. Wilson

175 W. Va. 352 · West Virginia Supreme Court · Jul 9, 1985

Their “decision not to decide” establishes a paradoxical injustice under the laws of this State. That is, if a viable unborn child is killed, the estate may sue for monetary damages from the wrongdoer. … However, if the same child is killed under circumstances which would constitute murder or manslaughter, but for the fact that the child is still in his mother’s womb, the wrong-doer is immune from criminal prosecution for

State ex rel. West Virginia Housing Development Fund v. Waterhouse

158 W. Va. 196 · West Virginia Supreme Court · Nov 26, 1974

Taylor, supra, on the facts in evidence in that case, but we find that case clearly distinguishable from the case at bar. … Such shortages, it was found result in our inability to retain or attract the qualified manpower resources needed for industrial and commercial development.

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.

Powell v. Bentley & Gerwig Furniture Co.

12 L.R.A. 53 · West Virginia Supreme Court · Mar 7, 1891

Hence it follows as the duty of each to so use -his own as not to injure that of the other, each one’s duty qualifies his own right and creates a corresponding right in the other. … Some families, it is said, think of re-establishing their old home on lower Broadway.

United States v. Bailes

120 F. Supp. 614 · District Court, S.D. West Virginia · Apr 12, 1954

Waddell, 112 U.S. 76 , 5 S.Ct. 35 , 28 L.Ed. 673 , interference with the right to establish a claim under the Homestead Acts brought the offender within § 241. … For the protection of the right against interference by employers, unions and their representatives, Congress has established an elaborate procedure with remedies.

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.

Smith v. State Consolidated Public Retirement Board

222 W. Va. 345 · West Virginia Supreme Court · Jun 17, 2008

IV, § 6, "[a]ll officers elected or appointed under this Constitution... shall continue to discharge the duties of their respective offices until their successors are elected, or appointed and qualified." … This outcome is clearly at odds with the statutory scheme of providing public employees with a general retirement system that was established to benefit those individuals who choose public service employment over private

Shobe v. Latimer

162 W. Va. 779 · West Virginia Supreme Court · Mar 20, 1979

Code § 20-1-15 qualifies the authority of the Director of the Department of Natural Resources to convey real property interests under W.Va. Code § 20-1-7. 3 See, J. … This section shall apply only to such proceedings as are not prohibited by the constitutional immunity of the state from suit under section 35, article VI of the Constitution of the State. 11 Phares v.

Thetford v. Ware

District Court, N.D. West Virginia · Sep 23, 2021

immunity; and (4) Plaintiffs failed to sufficiently plead a viable RICO claim. … immunity.

State of W.Va. ex rel. Biafore v. Earl Ray Tomblin

236 W. Va. 528 · West Virginia Supreme Court · Jan 22, 2016

In 1963,, the legislature repealed chapter three of the West Virginia Code and enacted a new chapter three, “all relating to the establishment, administration and regulation of elections and election procedures[.]” 1963 W.Va … Acts 415. 5 As reflected in the legislative history discussed above, and for the last eighty-five years, West Virginia "Code § 3-10-5 has clearly provided that- “the party with which the person holding-the office immediately

State Ex Rel. Frazier v. Meadows

193 W. Va. 20 · West Virginia Supreme Court · Dec 8, 1994

Courts, therefore, may venture beyond the plain meaning of a statute in the rare instances in which there is a clearly expressed legislative intent to the contrary, Russello v. … The controversy between the relator and the respondents qualifies as an administrative dispute because of the bailiff’s role in court proceedings.

Adkins v. Celebrezze

248 F. Supp. 533 · District Court, S.D. West Virginia · Sep 29, 1965

On November 20, 1961, plaintiff filed an application for disability insurance benefits and to establish a period of disability, alleging that he became unable to work on June 22, 1960, at age 31, because of a back injury, … The medical evidence of record clearly shows that plaintiff is suffering from injuries to his cervical spine along with pain in the back, neck, shoulders and arms.

Minnie Hamilton Health Care Center, Inc., d/b/a Minnie Hamilton Health System v. Hospital Development Co., d/b/a Roane General Hospital and West Virginia Health Care Authority

Intermediate Court of Appeals of West Virginia · Mar 9, 2023

Further, the factfinding determinations of an agency are entitled to deference unless clearly wrong. … Different types of health services have different criteria that must be met, per the State Health Plan Standards, to qualify for a CON. See W. Va. Code § 16-2D-12(g).

State ex rel. Plymale v. Garner

147 W. Va. 293 · West Virginia Supreme Court · Sep 25, 1962

On June 25, 1962, the Council of the City of Huntington adopted two ordinances, the first establishing a fee for refuse removal and the second a fee for fire protection, in accordance with the provisions of Code, 8-4-20, … This interpretation is clearly supported by the first paragraph of the statute, which provides for the governing body to submit such question by an ordinance, but it prohibits the governing body from submitting the same question

In Re Estate of Murphy

140 W. Va. 539 · West Virginia Supreme Court · Mar 1, 1955

In the light of these authorities, we hold that the evidence of claimant clearly established only the contract whereby claimant was to obtain title to the home farm as full consideration for services rendered by him to Murphy … Since claimant has failed to clearly *547 establish that feature of the contract, we need not answer the questions posed as to such feature.

State of West Virginia v. Gina Marie Jerrome

233 W. Va. 372 · West Virginia Supreme Court · May 8, 2014

“Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion … We also have held that “[w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly