Case law

Board of Trustees of Firemen's Pension v. City of Fairmont

215 W. Va. 366 · West Virginia Supreme Court · Jun 2, 2004

Layman to recalculate the supplemental benefits and to reimburse all qualified pensioners the pay lost by not compounding. Ms. … Code, article 22, chapter 8 is to establish minimum pension benefits to retired police and firemen and their surviving spouses.

Mills v. Van Kirk

192 W. Va. 695 · West Virginia Supreme Court · Dec 21, 1994

The title of this Act clearly “points” to the notion that abutting landowners are singled out for preferential treatment in the Act. IV. … Using an objective method to establish value is a well recognized technique for establishing fair market value.

Stump v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Mar 28, 2024

The defendants move to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing, among other things, that they are immune from Mr. … Although defendants’ motion to dismiss was based on their assertion of qualified and absolute immunity, the court cannot reach those issues without sufficient allegations establishing the basis

Hartsock-Flesher Candy Co. v. Wheeling Wholesale Grocery Co.

174 W. Va. 538 · West Virginia Supreme Court · Dec 14, 1984

Wheeling Wholesale contends that these undefined terms and provisions make it impossible for a retailer or wholesaler to clearly and fully understand the meaning of the Act. … We decline to address the state immunity issue because immunity only arises as a consideration after the challenged state statute has initially been found to violate the Sherman Act.

Wooddell v. Frye

110 S.E.2d 916 · West Virginia Supreme Court · Nov 17, 1959

real estate shall dsend to any in my children if there be any living share and share alike, and I do nominate my wife Sadie Sue Wooddell to the Executor herefore and request that she be not required to give an security to qualify … Hannah to the bill of complaint and dismissed this suit, being clearly right, is affirmed. Affirmed. BROWNING, Judge (dissenting). On June 11, 1957, in Weiss v.

Jerry Stover v. ANR, Inc.

Intermediate Court of Appeals of West Virginia · Feb 15, 2023

Stover argues that the Board’s disregard of this medical evidence was clearly wrong. In contrast, ANR contends that Dr. Guberman’s report and the treating physician’s documentation fail to establish that Mr. … Stover did not establish that he sustained an aggravation or progression of his compensable injury.

State v. Riser

170 W. Va. 473 · West Virginia Supreme Court · Jul 15, 1982

We do not find that the trial court’s ruling on the seizure question to be plainly wrong or clearly against the weight of the evidence. III. & IV. … Given these circumstances, we can say that a reasonably qualified attorney would have so acted in the defense of the accused.

State ex rel. Regional Jail & Correctional Facility Authority v. County Commission of Cabell County

222 W. Va. 1 · West Virginia Supreme Court · Nov 21, 2007

Another area in which guidance would be useful is the issue of what types of costs qualify as those intended to be viewed as “indirect.” … Lipscomb was clearly intended, but perhaps not properly documented, to attend as the statutorily permitted “designated representative” for Mr. Sussman.

Baughman v. Hoffman

90 W. Va. 388 · West Virginia Supreme Court · Feb 28, 1922

It has always been the well established rule in Virginia. 2 Minor on Real Prop. sec. 1158; Harvey v. Alexander, 1 Randolph 219. … As before stated, it is not *397 clearly shown that the $300.00 has not been paid.

Tug Valley Pharmacy, LLC v. All Below

235 W. Va. 283 · West Virginia Supreme Court · May 13, 2015

Additionally, like most rules, the wrongful conduct rule is not immune to categorical exceptions. … As noted above, our rule of modified comparative negligence was first established by this Court in Bradley.

Anderson v. Kunduru

215 W. Va. 484 · West Virginia Supreme Court · Jul 6, 2004

The court must explain its reasons clearly on the record if it decides a sanction is appropriate. … The parties continue to dispute whether any of their opponents’ experts are qualified to render opinions on any issue.

Dan Stalnaker v. West Virginia University

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Martin stated that PTSD should only be diagnosed by a qualified psychiatrist, and that nocturnal hypoxia is an objective finding and not a disease. Dr. … Further, we conclude that the Board was not clearly wrong in finding that Mr. Stalnaker did not establish that the V/Q scan is medically related and reasonably required medical treatment for the compensable condition.

Mull v. Griffith

District Court, N.D. West Virginia · Oct 18, 2019

Similarly, to succeed on a claim for failure to accommodate under the WVHRA, Plaintiffs must establish the following elements: (1) The plaintiff is a qualified person with a disability … Defendants assert that they are entitled to summary judgment on Plaintiffs’ claim under the WVHRA because Plaintiffs have proffered no evidence to establish that Mull was disabled or that he was a “qualified disabled

State Ex Rel. Baker v. Bailey

152 W. Va. 400 · West Virginia Supreme Court · Oct 16, 1968

This was clearly stated in the first syllabus point of the case of Pack v. Karnes, 83 W. Va. 14 , 97 S. … It allows ample time therefor, and is more liberal than the allowance made to established parties.

State v. Stevenson

147 W. Va. 211 · West Virginia Supreme Court · Jul 25, 1962

A homicide becomes a criminal offense only if the corpus delicti is established just as in any other offense. In State v. Beale, 104 W. Va. 617 , 141 S. … When the State has established by the requisite proof the corpus delicti the presumption is that it is murder of the second degree.

Patricia Hudson v. Karen L. Bowling, Sec. W. Va. DHHR

232 W. Va. 282 · West Virginia Supreme Court · Nov 6, 2013

Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970), “are a matter of statutory entitlement for persons qualified to receive them.” Id., at 262 [ 90 S.Ct. 1011 ] (footnote omitted). … None of the other evidence submitted by DHHR in any way establishes that the petitioner and Mr. Hudson lived together *297 from May, 2010, through September, 2011; at best, it established that Mr.

Cooper v. United States of America

District Court, S.D. West Virginia · Jul 6, 2022

The Federal Employees Liability Reform and Tort Compensation Act of 1988 (the “Westfall Act”) modifies the FTCA to immunize a federal employee from liability for her “negligent or wrongful act or omission . . . … Although the certification does not conclusively establish that the defendant employee was acting within the scope of his employment, the plaintiff has the burden of proving otherwise once the certification has been

State v. Day

225 W. Va. 794 · West Virginia Supreme Court · Jun 18, 2010

Castle be qualified as an expert in “crime scene investigation” and “crime scene reconstruction,” counsel for Appellant 13 stated, “Based upon his experience and training and many times being qualified, I have absolutely … As previously set forth, the record clearly demonstrates that Appellant accepted Sgt.

State ex rel. Lovejoy v. Callaghan

213 W. Va. 1 · West Virginia Supreme Court · Oct 31, 2002

decision to issue the working well permit, I wish to briefly address the nature of the rule. 1 Despite the efforts of the various Respondents and the amicus curiae to describe the rule as procedural, it is clear that the rule qualifies … The rule at issue was clearly formulated for the purpose of implementing the “consent and easement” provision of West Virginia Code § 22C-9-7, and consequently it necessarily qualifies as a “legislative rule” — a rule which

Reed v. Orme

221 W. Va. 337 · West Virginia Supreme Court · Nov 8, 2007

The affidavit established that BRIM had caused the workers’ compensation exclusion to be included in the policy after researching and investigating its need. … Relying upon the unopposed affidavit of Bob Mitts, underwriting manager for BRIM, the circuit court found the affidavit clearly established that BRIM had investigated and researched the need for the workers’ compensation