Case law

Lindy & Fred Seco General Revokable Trust v. Ronald Keller

Intermediate Court of Appeals of West Virginia · Feb 2, 2023

Keller’s exposure to benzene would qualify as overexposure to the substance. However, he opined that Mr. Keller’s diagnosis was of unknown etiology. According to Dr. Martin, Mr. … The Board was not clearly wrong when it determined that Mr. Keller established that he was occupationally exposed to benzene while employed by CCRR and that his exposure was sufficient to cause the development of MDS.

Doering v. CITY OF RONCEVERTE

228 W. Va. 147 · West Virginia Supreme Court · Jan 20, 2011

Charlie A.L., 194 W.Va. 138 , 459 S.E.2d 415 (1995): “Where the issue on appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … State Farm Mutual Automobile Insurance Company, 213 W.Va. 80 , 576 S.E.2d 807 (2002), holds: Standing is comprised of three elements: First, the party attempting to establish standing must have suffered an “injury-in-invasion

Frye v. Lincoln County Commission

District Court, S.D. West Virginia · Jan 25, 2021

Most noticeably, Plaintiff claims that Sheriff Linville raised qualified immunity against the causes of action asserted against him. (ECF No. 13 at 4.) Sheriff Linville made no such argument. … Code § 29-12A-5(a)(5) establish that a political subdivision is entitled to immunity if the claim against it results from “the method of providing police, law enforcement or fire protection[.]”

Plumley v. West Virginia Department of Health & Human Resources/Office of Health Facility Licensure & Certification

221 W. Va. 549 · West Virginia Supreme Court · Dec 12, 2007

The Legislature dealt with inclusion of qualifying convictions occurring prior to the establishment of the Central Abuse Registry through the enactment of W. … These residents may be dependent upon the services of others by reason of physical or mental impairment or may require limited and intermittent nursing care, including those individuals who qualify for and are receiving services

State ex rel. Lincoln Journal, Inc. v. Hustead

228 W. Va. 17 · West Virginia Supreme Court · May 2, 2011

Petitioners asserted a qualified reporter’s privilege under the First Amendment to the United States Constitution and under West Virginia state law. … no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly

Pauley v. Decker

89 W. Va. 485 · West Virginia Supreme Court · Nov 15, 1921

There had been no evidence to show that Kittinger knew anything about the ejectment suit and he was therefore not qualified to speak on “what it involved.” … Parol testimony, properly introduced, to locate and establish the portion of land lost in the ejectment suit, would have been admissible.

State of West Virginia v. Steven Wayne Funt

West Virginia Supreme Court · Aug 30, 2022

It went on to find that it was a fair inference that “the omission of breaking and entering from the list of qualifying offenses indicates that breaking and entering is not a qualifying offense.[] But merely establishing … We review the decision on the Rule 35 motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes

State ex rel. Youngblood v. Sanders

212 W. Va. 885 · West Virginia Supreme Court · Nov 27, 2002

Stone’s paralegal; 10 and the fact that the factual information contained in the internal memorandum prepared by the paralegal qualifies as “generally known” information. … Askin regarding her husband’s involvement with Miss Miller’s death is also contained in several police reports, that information clearly qualifies as “generally known” under the recognized exception to Rule 1.9 of the Rules

Mann v. Equitable Gas Company

209 F. Supp. 571 · District Court, N.D. West Virginia · Aug 30, 1962

You must show what Peerless has done in West Virginia to establish minimal contacts and that is what proof is required.” … No one would claim that if a defendant had had no contacts at all with the state, it would clearly not be due process to make it respond to suit in that state.

Greene v. C. J. Eastridge

District Court, S.D. West Virginia · Sep 30, 2022

Plaintiff alleges that Trooper Eastridge, in particular, fabricated evidence by cropping a photo of McCoy’s relative’s home found on Plaintiff’s phone to remove portions that establish it was not taken by Plaintiff. … Because qualified immunity is “an immunity from suit rather than a mere defense to liability” and “effectively lost if a case is erroneously permitted to go to trial,” the Court addresses this issue first. Pearson v.

Committee on Legal Ethics of the West Virginia State Bar v. Karl

192 W. Va. 23 · West Virginia Supreme Court · Jul 20, 1994

Our research reveals that very few courts in the country have clearly addressed this issue, and none in any depth. … It stands to reason that quite clearly a lawyer cannot be a judge if he or she is unable to attain inactive status.

Philip B. Tully v. Gino's

West Virginia Supreme Court · Jul 9, 2015

It found that she is more qualified to speak on the matter as she is a medical doctor and Dr. Majoris is a chiropractor. The Office of Judges concluded that if Mr. … The evidence was determined to establish that Mr. Tully suffered no permanent impairment as a result of the compensable injury. The remainder of the Office of Judges’ Order was affirmed. On appeal, Mr.

Crain v. Bordenkircher

180 W. Va. 246 · West Virginia Supreme Court · Nov 30, 1988

Our action, however, is clearly a lesser evil than the relief prayed for by the petitioners — their release from the penitentiary because of the unconstitutional conditions of confinement. … The Supreme Court remanded the case with directions to dismiss the State of Alabama and the Alabama Department of Corrections as the district court’s injunction violated the State’s Eleventh Amendment immunity.

State of West Virginia v. Tracy A. Back

820 S.E.2d 916 · West Virginia Supreme Court · Nov 9, 2018

Back contends that the evidence presented at trial was insufficient to establish that he violated W. Va. … Code § 61-6-24, i.e., “to thwart and/or punish future instances of qualifying acts of terrorism.” Yocum, 233 W. Va. at 445, 759 S.E.2d at 188. Thus, it is from this perspective that we consider Mr.

State v. Loveless

142 W. Va. 809 · West Virginia Supreme Court · Jun 18, 1957

A very large proportion of that number were found not qualified for the reason that they had formed opinions as to the guilt or innocence of defendant. … The authorities quoted clearly justify the conclusion that two grand juries often functioned at the same time, in the same county, at common law. For additional authorities supporting that conclusion see People v.

STATE EX REL. ALLSTATE v. Madden

215 W. Va. 705 · West Virginia Supreme Court · May 18, 2004

work product exception have been established.” … “While the work product doctrine creates a form of qualified immunity from discovery, it does not label protected material as ‘privileged’ and thus outside the scope of discovery under Rule 26(b)(1), W.V.R.C.P.”

Universal Bank, N.A. v. Machnic (In re Machnic)

271 B.R. 789 · United States Bankruptcy Court, S.D. West Virginia · Jan 10, 2002

Debtor has not established that Counsel for Universal had actual authority to seek costs and attorney’s fees. Nonetheless, the evidence before the court establishes Counsel’s apparent authority to do so. … SPECIFIC VIOLATIONS OF THE ACT Having concluded that Universal qualifies as a debt collector under the Act, the Court will next consider the alleged violations.

Algoma Coal & Coke Co. v. Alexander

136 W. Va. 521 · West Virginia Supreme Court · Dec 5, 1950

That it did not do so indicates clearly that it intended to permit such section foreman to act as a fire boss and that, with knowledge of its existence, it recognized the established practice, which enabled a section foreman … It is obvious that the Legislature, which is presumed to be cognizant of the long established practice which permitted a qualified section foreman holding a certificate of competency to act in the capacity of a fire boss,

State of West Virginia v. James Scott Yocum

233 W. Va. 439 · West Virginia Supreme Court · May 12, 2014

Empire Storage & Ice Co., 336 U.S. 490 , 69 S.Ct. 684 , 93 L.Ed. 834 (1949), the United States Supreme Court held that the constitutional freedom of speech and press does not immunize speech or writing used as an integral … In this case, the threat that was prosecuted by the State was clearly not aimed at a branch or level of government but solely at an individual police officer.

Meadows v. Celebrezze

209 F. Supp. 753 · District Court, S.D. West Virginia · Oct 20, 1962

He felt that it was not necessary to qualify the plaintiff as being unable to work because of the degree of the lung difficulties. … This conclusion of the doctor is clearly not binding on the hearing examiner, the Appeals Council, or this court.