Case law

Gibson v. West Virginia Department of Health & Human Resources

192 W. Va. 372 · West Virginia Supreme Court · Dec 8, 1994

Justification must clearly show that only employees of the required gender can perform the duties.” 10 W.Va.C.S.R. § 143-1-8.2®. … It is well-established that sex can be an appropriate criterion for seeking and utilizing a BFOQ. See Dothard v.

Perrine v. E.I. Du Pont De Nemours & Co.

225 W. Va. 482 · West Virginia Supreme Court · Mar 26, 2010

The analysis to be applied in determining whether an expert is qualified to give an opinion has been well established by this Court. … Bedell, et al. no. 070762, this Court, on March 15, 2007, refused DuPont's petition to prohibit the disclosure of documents said to be the subject of qualified immunity and privilege. In addition, in State ex ret E.I.

Adams v. Bowens

159 W. Va. 882 · West Virginia Supreme Court · Dec 7, 1976

The record clearly reveals that the contending parties and the child were before the court. That court had jurisdiction of the subject matter and of the parties. … This is grounded on the belief that such court is best qualified to act in the best interest and welfare of the child.

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

Zaleski v. West Virginia Physicians' Mutual Insurance

220 W. Va. 311 · West Virginia Supreme Court · Jun 27, 2007

The order recounted the lower court’s conclusions that [The] various provisions of the Physician’s Mutual Insurance Act clearly establish a close nexus between the State of West Virginia and the Physician’s Mutual Insurance … We addressed the issue of when an entity is considered a “state actor” in the context of governmental immunity in Hope Natural Gas Company v.

Martin v. State Farm Mutual Automobile Insurance

809 F. Supp. 2d 496 · District Court, S.D. West Virginia · Oct 26, 2011

However, it does conclude that the deviations contained in State Farm’s forms preclude it from qualifying for the statutory presumption. … The additional information contained in State Farm’s forms clearly “make the form too crowded and complicated.”

Turk v. Hevener

49 W. Va. 204 · West Virginia Supreme Court · Mar 16, 1901

And are not the real representatives interested in such ease in the establishment of a debt against the estate and its amount ? … He may show just what property was in being and reclaimed b'y him when he qualified. The commissioner ascertained the value of that property merely from the assessor’s books.

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.

Heslep v. Americans for African Adoption, Inc.

890 F. Supp. 2d 671 · District Court, N.D. West Virginia · Aug 27, 2012

defendants filed a motion to dismiss the Hesleps’ claims, arguing that (1) the Board should be dismissed because it lacks capacity to be sued, (2) the individual directors should be dismissed for lack of personal jurisdiction, immunity … In that instance, participants in a corporate enterprise may still qualify as distinct persons under RICO if they “conduct the corporation’s affairs in a RICO-forbidden way.” Cedric, 533 U.S at 163, 121 S.Ct. 2087 .

Vance v. Vance

180 W. Va. 63 · West Virginia Supreme Court · Nov 28, 1988

These funds were clearly marital property within the meaning of W.Va. Code § 48-2-l(e). The active and equal participation of Mrs. … a qualified ... gift.

Wilt v. State Automobile Mutual Insurance

203 W. Va. 165 · West Virginia Supreme Court · Jun 24, 1998

practice clearly does not amount to fraud. … Notwithstanding this Court’s holding in CouHney, every claim which qualifies as a tort cannot necessarily be classified as a personal injury.

Thomas v. Town of Mason

26 L.R.A. 727 · West Virginia Supreme Court · Nov 24, 1894

What is it, that we can take judicial notice of, that enables us to qualify or contradict these averments ? … And the establishment of our state and local boards of health is not to be regarded as detracting from the general powers of municipal government, unless such legislative intent clearly appears. 2 Beach, Mun.

State of West Virginia v. Bryson J. England, Jr.

West Virginia Supreme Court · Jul 30, 2020

Buracker, 191 W.Va. 39, 443 S.E.2d 196 (1993), . . . only arises if it is first established that the testimony deals with “scientific knowledge.” … “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

State of West Virginia ex rel. Heartland of Beckley WV, LLC v. West Virginia Bureau for Medical Services

West Virginia Supreme Court · May 14, 2021

Six of HCR’s seven facilities qualified as a “large” facility and one qualified as a “small” facility. … However, the administrative hearing officer explained the long- established concepts of the “law of the case” and the “mandate” of an appellate court, concepts whereby an appellate court’s opinion establishes the framework

Vega v. Cramer

District Court, N.D. West Virginia · Jun 24, 2024

“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction[.]” Pierson v. … Servs., 436 U.S. 658 (1978) (qualified immunity). And § 1983 did not abolish the doctrine of judicial immunity. Id. at 554.

Quigley v. City of Huntington WV

District Court, S.D. West Virginia · Sep 27, 2018

immunity. … E) Qualified Immunity In the fifth and final objection, Plaintiff alleges that Magistrate Judge Aboulhosn erred in determining that qualified immunity applies, as there was

United States v. Gerhart

275 F. Supp. 443 · District Court, S.D. West Virginia · Oct 1, 1967

drawee to a legitimate banking establishment. … To me, the instructions clearly outline the elements of the offense of which the defendant was charged. They are clear and understandable.

Holstein v. Holstein

152 W. Va. 119 · West Virginia Supreme Court · Mar 12, 1968

Robert was interrogated by the judge who determined that he was a good student and was qualified to testify. … We are cognizant of the well established principle that the exercise of discretion by the trial court in awarding the custody of minor children will not be disturbed on appeal unless it clearly appears that such discretion

Sharon G. Legg v. Greenbrier County Schools

West Virginia Supreme Court · Nov 4, 2015

Legg is qualified for both placement in C and F, because she had an established cervical injury with pain rigidity associated with moderate to severe degenerative changes and a herniated disk thus yielding 7% impairment. … For the foregoing reasons, we find that the decision of the Board of Review is not in clear violation of any constitutional or statutory provision, nor is it clearly the result of erroneous conclusions of law, nor is it based

Dudley v. Niswander

65 W. Va. 461 · West Virginia Supreme Court · Apr 20, 1909

Being of such strong character, deliberate admissions, clearly established, particularly those in writing, can only be explained or overthrown by convincing proof. … It is at least consonant with reason to say that when an admission in writing, especially in an instrument executed with the solemnity of seals, is clearly established against a party, he should not be permitted to contradict