Case law

Board of Church Extension v. Eads

159 W. Va. 943 · West Virginia Supreme Court · Dec 21, 1976

The majority afflicts the plaintiff with the further plague of not being qualified to do business in the State at the time when suit was brought. … Under Elizabeth, who succeeded Mary in 1558, a Protestant Church of England was finally, and firmly, established.

First National Bank of Hinton v. Tate

116 W. Va. 138 · West Virginia Supreme Court · Mar 5, 1935

Tate, who is interested here in establishing a West Virginia domicile for John B. … The details of his railroad work and the amount of time spent at Clifton Forge do not clearly appear, but the inference that as between Clifton Forge and Hinton, John B.

Jennings v. McDougle

83 W. Va. 186 · West Virginia Supreme Court · Jan 21, 1919

In nowise does it qualify section 7, ch. 64, Code, under which this proceeding -was instituted; hence process under it may be directed to a sheriff in the county where defendant resides or may properly be served. … Nothing in the view of the court establishes it. Hence it is not a fact within the knowledge of the court. If it is permitted to act under such circumstances, it clearly acts without jurisdiction.

State ex rel. State of West Virginia v. Hon. Jason A. Cuomo, Judge, and Thomas Anthony Smogonovich

West Virginia Supreme Court · Mar 6, 2026

Smogonovich had no qualifying convictions subjecting him to SORA’s registration requirements and dismissed the indictment. … Id. 8 While civil cases contemplate summary judgment under Rule 56 of both the Federal and West Virginia Rules of Civil Procedure “to test, pretrial, the sufficiency of the evidence to establish triable

Gary Lee Rollins v. Donnie Ames, Superintendent, Mount Olive Correctional Complex

West Virginia Supreme Court · Jun 10, 2022

“[E]vidence reflecting on the credibility of a key prosecution witness may be so material to the issue of guilt as to qualify as exculpatory matter which the prosecution is constitutionally required to disclose[.]” … wrong,” contravenes our clearly established case law.

State of West Virginia v. Kyle John Schober

West Virginia Supreme Court · Nov 12, 2024

Schober suffered from Post Traumatic Stress Disorder (“PTSD”), a qualifying “serious medical condition” under the Cannabis Act. Id. § 16A-2-1(a)(30).10 The OMC approved Mr. … Napolitano, 663 F.3d 505, 511 (1st Cir. 2011) (“‘[T]he use of . . . a “notwithstanding” clause clearly signals the drafter’s intention that the provisions of the “notwithstanding” section override conflicting provisions

Salmons v. Western Regional Jail Authority

District Court, S.D. West Virginia · Oct 30, 2019

These immunity arguments may—and in the case of their first and second arguments, clearly do—have merit, but this case can be resolved even absent consideration of the various immunities implicated here. … Rice, 954 F.2d 187, 192 (4th Cir. 1992) (denying qualified immunity where prisoner was confined for “seven months and eleven months, without any opportunity for out-of-cell exercise”).

Hamrick v. Charleston Area Medical Center, Inc.

220 W. Va. 495 · West Virginia Supreme Court · Mar 1, 2007

The following-recited facts, taken from the briefs and based on the record established by the cross-motions for summary judgment, appear to be undisputed. … establish that a hospital’s board of directors is the single body associated with a hospital to which the Act may apply.

State of West Virginia v. Ronald Goins

231 W. Va. 617 · West Virginia Supreme Court · Sep 12, 2013

“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. … Goins for five counts of brandishing, when only a single incident of breach of the peace was established. See State v. Stone, 229 W.

State of West Virginia v. Emily J. Keefer

West Virginia Supreme Court · Nov 4, 2022

Keefer argues that this interpretation of Rule 35(b) is clearly erroneous. … The Court found there was immunity and held that “[a]n oral order has the same force, effect, and validity in the law as a written order.

Ex parte Dickey

76 W. Va. 576 · West Virginia Supreme Court · Jun 22, 1915

In the early history of this country, before the establishment of railroads, the public roads were used by stage lines. … Every railroad, canal, turnpike or bridge company, has its franchise by grant from the state,- and consequently with its original qualities and immunities adhering to it.

Sweeney v. Baker

13 W. Va. 160 · West Virginia Supreme Court · Apr 27, 1878

The press does not possess any immunities, not shared by every individual. In every election the same, freedom of discussion of the merits and demerits of candidates is allowed to the press and people. … , and this being clearly the ease, even according to Senator Clinton's views they would, taken together, constitute but one count.

Paugh v. Linger

228 W. Va. 194 · West Virginia Supreme Court · Nov 18, 2011

Linger’s clearly expressed opposition to such a change. In so doing, she violated the express terms of the Agreed Permanent Parenting Plan. … Derieo was never actually qualified by the family court as an "expert witness.” . Ms.

Smith v. United Parcel Service, Inc.

890 F. Supp. 523 · District Court, S.D. West Virginia · Jul 5, 1995

. § 213 (b)(1) (1994) qualifies the foregoing overtime protection by making § 207 inapplicable to employees for whom the Secretary of Transportation has the power to establish qualifications and maximum hours of service. … Owen’s affidavit, showing employees who performed job activities described as package drivers, feeder drivers or mechanics qualify for exempt status under the FLSA.

Daugherty v. Day

145 W. Va. 592 · West Virginia Supreme Court · Aug 5, 1960

We think it clearly established that respondent afforded McConnell an opporunity to plead, and received a plea of guilty at the city jail, in Gideon District, and then imposed the sentence for which he was confined in the … While such actions may be entirely unjustified in some circumstances, we think, in the circumstances clearly established in the instant proceeding, they are not of such nature as to warrant the removal of respondent from

Pleasant Valley Hospital v. Shalala

837 F. Supp. 738 · District Court, S.D. West Virginia · Nov 22, 1993

To qualify for the FDA exception, a provider must comply with a number of specific requirements, as set forth in the PRM. … “The concept of funded depreciation, however, requires that providers firmly commit to use clearly identified funds only for the acquisition of depreciable assets or other capital purposes related to patient care.”

Hisel Bailey v. Michelle Woomer, Teri Stone, and Legal Aid of West Virginia, Inc.

Intermediate Court of Appeals of West Virginia · Apr 1, 2026

Lyle on qualified immunity grounds. See State ex rel. W. Va. Attorney General, Medicaid Fraud Control Unit v. Ballard, 249 W. Va. 304, 895 S.E.2d 159 (2023). … Bailey failed to establish a prima facie malicious prosecution claim, the circuit court declined to reach respondents’ various immunity defenses. 7 Mr.

State ex rel. Patton v. Rubenstein

213 W. Va. 296 · West Virginia Supreme Court · Feb 27, 2003

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the ... underlying factual findings under a clearly erroneous standard. … Patton admitted that his sister, with whom he had established a residence, would not favor electronic monitoring since it would require constant supervision by a parole officer.

State of West Virginia v. William Ellis Bowen, IV

West Virginia Supreme Court · Mar 31, 2022

Phillips was qualified as an expert in pediatrics and in child abuse and neglect. Dr. … In this regard, it is well established that “[t]he 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

Constellium Rolled Products Ravenswood v. Sharon Griffith and Lou Ann Wall

235 W. Va. 538 · West Virginia Supreme Court · Jun 10, 2015

Specifically, the petitioners assert that the evidence at trial clearly establishes that the allegedly wrongful conduct was not based upon the respondents’ gender but was directed at their perceived work ethic. … to qualify for a punitive award.”).