Case law

Hughes Supply Company v. M.B.

West Virginia Supreme Court · Feb 20, 2024

Chapman determined that M.B. qualified for the light physical demand classification with no modifications needed for walking, sitting, standing, and lifting up to twenty pounds occasionally, in a safe environment. … However, the Office of Judges and Board of Review concluded that the preponderance of the evidence establishes that M.B. sustained permanent total disability as a result of his workplace injuries, and the employer did not

Culurides v. Ott

78 W. Va. 696 · West Virginia Supreme Court · Sep 26, 1916

The coal company had qualified pursuant to the requirements of the act, and thereby secured itself against actions for injuries inflicted upon its employees in the course of their employment. … Besides, in every- important particular except as to signatures, the application on its face clearly furnished all the data necessary to pass upon the justness of the claim and the persons entitled thereto.

Martin v. Williams

141 W. Va. 595 · West Virginia Supreme Court · Mar 13, 1956

The distances estimated in the testimony and the contentions with regard thereto in briefs of counsel do not clearly show the proximity of certain business establishments situated on the south side of Cumberland Road, and … The only syllabus point states: “Where a section of a city is not a clearly established residential community, equity will not be warranted in excluding therefrom as a nuisance an automobile wrecking business merely on the

Cobb v. Dunlevie

63 W. Va. 398 · West Virginia Supreme Court · Jan 28, 1908

This fact was established, not only by the oral testimony but by correspondence adduced between plaintiff and defendant, substantially as alleged. … Clearly as to Dunlevie, the clerk was not authorized by sections 2 and 3, chapter 73, Code, to admit the contract to record,s the same not being acknowledged by him or proven by witnesses; and, not having been properly admitted

Kathy Ruth Coers v. Franklin D. Phares

West Virginia Supreme Court · Apr 9, 2018

On appeal, petitioner argues that the circuit court erred in finding no authority to reconsider its prior decision dismissing an earlier petition for appeal, in affirming the adoption of a qualified domestic relations order … Finally, we find that petitioner has failed to carry her burden in establishing error in the contempt of court finding. Petitioner fails to offer any argument or authority in support of this ground.

Raleigh County Board of Education v. Gatson

196 W. Va. 137 · West Virginia Supreme Court · Mar 1, 1996

453 S.E.2d 395 (1994), we stated: The findings of fact of the Board of Review of the West Virginia Department of Employment Security are entitled to substantial deference unless a reviewing court believes the findings are clearly … As stated in the Adkins opinion: We hold that the appellant has failed to establish a continuing employment contract under any theory that would qualify as an exception to the statute.

Lockett v. Fayette County Board of Education

214 W. Va. 554 · West Virginia Supreme Court · Oct 31, 2003

a policy of paying qualified teachers at the Vo-Tech Center as if they had three additional years of teaching experience. … for issuance of a vocational permit to qualify for their position.

Keller v. Model Coal Company

142 W. Va. 597 · West Virginia Supreme Court · Apr 11, 1957

The facts alleged or established in each of those cases clearly distinguish them from the case at bar and the holding in each of those cases, instead of sustaining the conclusion of the majority, constitutes express authority … The foregoing rule is qualified to the effect that facts must be alleged in the pleadings and established by proof, i. e., rightfully invoked before the rule is applicable. Perkins v.

Fraga v. State Compensation Commissioner

125 W. Va. 107 · West Virginia Supreme Court · Nov 24, 1942

findings all elements that go to make up the definition of an eligible claimant under the main provisions of the silicosis act, and if that be true it necessarily follows that the terms of the proviso, the use of which is to qualify … We must not lose sight of the fact that the Compensation Commissioner is an administrative officer, and that, as such, it is necessary that certain set standards for his official conduct should be established and maintained

Ocheltree v. McClung

7 W. Va. 232 · West Virginia Supreme Court · Feb 25, 1874

A fee qualified or conditional, or a less estate, is neces *246 sarily implied in a limitation over. … That is settled clearly in Fettiplace v. Gorges. Her power to dispose by will is therefore clear.

Roig v. Roig

178 W. Va. 781 · West Virginia Supreme Court · Dec 2, 1987

circumstantial evidence; however, when real property, stocks, bonds, or other stores of family wealth are at stake, it requires considerably more than the simple fact that property was transferred from one spouse to the other to establish … a qualified Code, 48-2-1(f)(4) [1986] gift.

Spurling v. Metropolitan Life Insurance Company

District Court, S.D. West Virginia · Jul 3, 2025

Feeney, 495 U.S. 299, 304 (1990) (construing the Eleventh Amendment “to establish that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state” ( … However, these “mere incantation[s]” of the term “individual capacity” are insufficient to establish individual 17 In Martin v.

State Ex Rel. Azeez v. Mangum

195 W. Va. 163 · West Virginia Supreme Court · Dec 14, 1995

Davis, 3 F.3d 370 (11th Cir.1993) that: The language of Batson clearly limited its application to defendants of the same race as the excluded jurors. … Finally, the trial counsel’s decision was a trial strategy and we can not conclude that no reasonably qualified defense attorney would have so acted. Id. at Syl.Pt. 6.

Baisi v. Hoffman

District Court, S.D. West Virginia · Aug 20, 2024

Whether or not Plaintiff was falsely charged and imprisoned should not be difficult to establish. … He has very clearly explained the factual circumstances he experienced and has coherently expressed the nature of his claims.

Barnes v. International Amateur Athletic Federation

862 F. Supp. 1537 · District Court, S.D. West Virginia · Sep 30, 1993

“Where Congress specifically mandates, exhaustion is required____ But where Congress has not clearly required exhaustion, sound judicial discretion governs.” Id. (citations omitted). … Constitution and TAC bylaws for resolution of those disputes, and the legislative history, that Congress clearly intended to require exhaustion of administrative remedies by athletes whose eligibility is in dispute and that

State of West Virginia v. Lamont D.

West Virginia Supreme Court · Mar 11, 2019

This disclosure clearly provided that the State intended to call Sgt. … This Court has explained that [o]ur jurisprudence clearly establishes the doctrine that preserving error is the responsibility of the parties.

Westover Volunteer Fire Department, Inc. v. Barker

142 W. Va. 404 · West Virginia Supreme Court · Dec 22, 1956

jfc ‡ % “A view of the premises also indicates rather clearly how the common grantor, L. V. … Clearly, in the sense that matters brought to the attention of the jury on a view of the premises, the view is evidence.

General Motors Corp. v. Rose

179 W. Va. 461 · West Virginia Supreme Court · Dec 2, 1987

Rather, he contended throughout these proceedings that in order for General Motors Corporation (GM) to qualify for the sales tax exemption, the warranty parts and services it purchased from its dealers had to be “directly … Nor can warranty parts and service come within any established judicial definition of “manufacturing,” which generally denotes the making of something new. See Ballard’s Farm Sausage, Inc. v.

Robin Hammer v. West Virginia Department of Human Services, Bureau for Family Assistance

Intermediate Court of Appeals of West Virginia · Dec 4, 2025

Hammer’s income as zero for purposes of his SNAP benefit calculation. 4 West Virginia Income Maintenance Manual Chapter 9.3.1 provides that for qualifying adverse actions, the Department is required to give … Marsh established that because Mr.

Wilson v. Wexford Medical and Administration/staff at fault

District Court, S.D. West Virginia · Sep 5, 2019

Plaintiff’s objections that are immunity-related seem to result from a misunderstanding of how sovereign immunity operates and what the consequences of DCR’s sovereign immunity are. … As detailed in the PF&R, state sovereign immunity and the inapplicability of Section 1983 actions to state agencies are well-established in the law and require the dismissal of DCR here. ECF No. 78, at 13–19.