Case law

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

Gibson v. West Virginia Department of Highways

185 W. Va. 214 · West Virginia Supreme Court · May 24, 1991

Denke, 359 So.2d 785 (Ala.1978)], itself restates the established rule that such legislation will survive constitutional scrutiny if one of two conditions is satisfied: “1. … The statement in Lamb, 308 N.C. at 444 , 302 S.E.2d at 882 , was: “The ‘remedy’ constitutionally guaranteed ‘for an injury done’ is qualified by the words “by due course of law.’

Davis v. United States

323 F. Supp. 858 · District Court, S.D. West Virginia · Feb 26, 1971

Friend, a qualified consulting actuary. … Gainer, and clearly demonstrated that the West Virginia plan fails to meet the criteria to qualify as a life insurance arrangement comparable to that which was considered by the Court in the Odom case.

State v. Wright

200 W. Va. 549 · West Virginia Supreme Court · Jul 10, 1997

Double Jeopardy “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. … Wright alleges that the State failed to establish venue in Hampshire County.

State v. Brady

104 W. Va. 523 · West Virginia Supreme Court · Nov 29, 1927

The rule seems to b'e that an expert need not have all the knowledge possible for one in his class, to entitle him to speak, but may testify unless it clearly appears that he is not qualified at all. … The question of his qualification to speak as an expert lies largely in the discretion of the trial court, whose judgment will not be reversed unless it clearly appears that the witness is not qualified. Savage v.

Costanzo Coal Mining Co. v. Weirton Steel Co.

58 F. Supp. 493 · District Court, N.D. West Virginia · Jan 6, 1945

Some tests are well established. … Today, even more clearly than in the past, ‘the federal nature of the right to be established is decisive— not the source of the authority to establish it.’

Gizzi v. Educational Credit Management Corp.

364 B.R. 250 · District Court, N.D. West Virginia · Feb 23, 2007

Thus, Gizzi fails the first prong of the Brunner test and does not qualify for an “undue hardship” discharge of her student loan debt. … In this case, the record establishes that Gizzi is in her mid-twenties; she has no reported health issues; her husband has a stable job; and, she has completed vocational education.

In Re: N.H.

West Virginia Supreme Court · Jun 16, 2014

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Further, he alleges that the circuit court clearly erred in reversing that finding at the dispositional hearing.

State ex rel. Erie Insurance Property & Casualty Co. v. Mazzone

218 W. Va. 593 · West Virginia Supreme Court · Nov 30, 2005

Opinion work product “enjoys a nearly absolute immunity and can be discovered in only very rare and extraordinary circumstances.” … (“[I]t would certainly seem that reserve calculations by claims adjusters qualify as work product under Fed.R.Civ.P. 26(b)(3).

Hill v. Holiday

District Court, S.D. West Virginia · Nov 24, 2021

Second, Corporal Roop argues that he is nevertheless entitled to qualified immunity. Defs. Obj. 7. … On the contrary, the magistrate judge correctly explained that Hill’s right to a post-hearing written explanation for discipline was clearly established on the date Corporal Roop held the

Baldwin Tool Works v. Blue

240 F. 202 · District Court, N.D. West Virginia · Dec 16, 1916

Thus it will be seen that the defendants by their answer squarely present an issue, and on this issue the burden is upon plaintiffs to establish the truthfulness of the allegations of the complaint. … Thus it clearly appears that if the plaintiffs should apply to the board of public works to correct an alleged mistake, and the board should fail to correct the same, the plaintiffs in that event would be entitled to their

James E. Lockhart v. Blue Haven Energy

West Virginia Supreme Court · Mar 12, 2015

Lockhart qualified 1 for the statutory presumption and granted Mr. Lockhart a 5% permanent partial disability award on a non-medical basis. Mr. … Lockhart has failed to establish he is entitled to more than a 10% permanent partial 2 disability award related to his occupational pneumoconiosis.

Hall v. Board of Educ. of County of Mingo

208 W. Va. 534 · West Virginia Supreme Court · Dec 1, 2000

In this State, school service personnel seniority is established by statute. Therefore, we begin our analysis by reviewing the relevant statutes. … These statutes clearly illustrate the importance of seniority as it is viewed by the Legislature. We are equally aware of the importance of seniority in the careers of school service employees.

State v. Dunn

162 W. Va. 63 · West Virginia Supreme Court · Jul 11, 1978

The photograph, once verified and made part of some qualified person’s testimony, becomes a nonverbal expression of the sponsoring witness upon whose foundation testimony its authenticity rests. *70 The other theory allows … Therefore, the trial court erred in deciding that the person who took the picture had to be there to establish a foundation for admissibility under that theory.

Stephens v. Raleigh County Board of Education

163 W. Va. 434 · West Virginia Supreme Court · Jul 16, 1979

In each of the cases below, proceedings were initiated in circuit court to establish the right to repurchase after that right had been denied at public sale. … The statutory language clearly indicates that it is the character of the entire community in which the property is located that will control the right to repurchase.

STATE EX REL. WEST VIRGINIA CITIZEN ACTION GROUP v. Tomblin

715 S.E.2d 36 · West Virginia Supreme Court · Jan 18, 2011

Code § 3-10-2, the Legislature established the procedure to be followed regarding the holding of a new or special election for governor. … The procedure established in the second paragraph of W.

Brandt v. Virginia Coal & Iron Co.

4 F. Cas. 26 · U.S. Circuit Court for the District of West Virginia · Jan 10, 1874

This appears to me to be very clearly established by the cases that were cited at the bar, which further lay it down that where an interest and not a mere power is conferred, the absolute property is vested without any act … Clearly a devisee of a life estate could dispose of such ■ an estate without words of power added.

Cooper v. Gwinn

171 W. Va. 245 · West Virginia Supreme Court · Sep 3, 1982

The petitioners are therefore clearly entitled to enforce their fundamental right to the benefit of law as guaranteed by the West Virginia Constitution. … However, the lack of funds is not a valid excuse for denying inmates, and society as a whole, the constitutional right to the benefit of legislative enactments which clearly establish the duty of the Department of Corrections

Harding v. United States Postal Service

618 F. Supp. 1330 · District Court, S.D. West Virginia · Oct 2, 1985

. § 794a; the Plaintiffs do not allege that they are qualified handicapped employees or that they have exhausted administrative remedies. … Clearly, the teaching of Bush v. Lucas applies to the Plaintiffs’ situation.

Woodruff v. West Virginia Board of Regents

328 F. Supp. 1023 · District Court, S.D. West Virginia · Jul 16, 1971

Section 3.02 provides: “Freedom of Association — Students may organize whatever associations they deem desirable, and are entitled to affiliate with any group or organization for which they qualify for membership. … “a basis for equitable relief under the long-established standards.”