Case law

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.

United States v. Blankenship

127 F. Supp. 760 · District Court, S.D. West Virginia · Dec 10, 1954

He was asked to select three types of work of national importance, in order of preference, which he was qualified to do. … And since the ministerial exemption is a matter of legislative grace, the selective service registrant bears the burden of clearly establishing a right to the exemption.”

State ex rel. Board of Education v. Hill

17 W. Va. 452 · West Virginia Supreme Court · Dec 18, 1880

Constitution, August 22, 1872, when it went into effect could qualify or give bonds of office, till the Legislature had met and passed laws authorizing their giving such bonds and qualifying, is based on the idea, that the … The act of 1871 clearly does not repeal the clause of the act of 1870 just referred to.

State Ex Rel. Sowards v. County Commission

196 W. Va. 739 · West Virginia Supreme Court · Jul 17, 1996

Neither the right to candidacy nor franchise, however, are immune from regulation. … On the other hand, the respondents caution us there is no direct authority in the West Virginia Constitution giving this Court (or the Legislature, for that matter) authority to establish qualifications to seek office in

State Ex Rel. Holmes v. Clawges

226 W. Va. 479 · West Virginia Supreme Court · Oct 27, 2010

Rule 7 of the Senate Rules establishes the order of business in the Senate, and the third order of business requires the Senate to “dispose of communications from ... the Executive.” … Code, 5-1-16a [2009], was clearly erroneous. The petitioners argue that the statute plainly applies to allow records of A.V.'s convictions, and not his pardon, to be expunged.

PrimeCare Medical of WV, Inc. v. Brittany Foster

Intermediate Court of Appeals of West Virginia · Mar 6, 2023

Foster’s continuing pulmonary problems to asthma and tachycardia, which were well established in her medical records and pre-dated her COVID- 19 diagnosis. … June 13, 2022). 6  remedy for such injury, disease, or death and the immunity from suit provided under § 23-2-6 and § 23-2-6a of this code shall be and remain in

Bulkley v. Sims

48 W. Va. 104 · West Virginia Supreme Court · Apr 21, 1900

After they qualified, Mary Kelly conveyed certain real estate to them as executors, and to their heirs and assigns, forever. … The facts in evidence by the plaintiff being clearly sufficiently established to support a verdict, the judgment will be reversed, and the Court will render such judgment as the circuit court should have rendered, overruling

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.

Shirley Stewart Burns v. West Virginia Department of Education and the Arts

West Virginia Supreme Court · Nov 20, 2019

Burns voluntarily resigned and failed to establish a claim for constructive discharge. Ms. Burns contests that order on appeal. II. … A plain reading of that response clearly refers back to any accommodation necessary to help her avoid chemicals, allergens or irritants, which Ms. Burns agrees were not at issue in her request for accommodation. Ms.

Phillips v. Larry's Drive-In Pharmacy, Inc.

220 W. Va. 484 · West Virginia Supreme Court · Jun 28, 2007

We have held that “[w]here the issue ... is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syllabus Point 1, Chrystal R.M. v. … The plaintiffs agree that pharmacists are clearly professionals who require advanced education, training, and licensure.

Lowndes Bank v. MLM Corp.

183 W. Va. 339 · West Virginia Supreme Court · Jun 26, 1990

If the Bank’s action fits either provision, then the United States has waived sovereign immunity as to the suit. The Bank’s action can easily be seen as an action to quiet title to personal property. … The case before us is clearly an action to quiet title to personal property, specifically permitted under 28 U.S.C. § 2410 (a)(1). II.

Application of Jordan

439 F. Supp. 199 · District Court, S.D. West Virginia · Oct 12, 1977

(Qualifying oath given) The Court is going to appoint __as foreman of the grand jury and __ as deputy foreman. Will you administer the oath, Mr. Clerk? … In the instant case, Jordan did testify, but not as a cooperating witness, not with a grant of immunity and not in what Briggs obviously suggests as a deliberately self-incriminating manner.

State v. Bennett

181 W. Va. 269 · West Virginia Supreme Court · Jun 15, 1989

Law seemed uncertain about whether he could put his prejudices against the defendant aside if he were chosen to sit on the jury, but he clearly indicated that if given the choice, he would rather not be a juror in the case … After establishing that such a relationship exists, a party has a right to obtain individual voir dire of the challenged juror to determine possible prejudice or bias arising from the relationship.

Snider v. West Virginia Department of Commerce

190 W. Va. 642 · West Virginia Supreme Court · Feb 17, 1994

The Commission, an independent state agency, was established by W.Va.Code 29-8-1 [1975] et seq. to develop Blennerhassett island. In 1989, W.Va. … Based on the language of W.Va.Code 29-8-2 [1990], we find Board’s hearing examiner was clearly wrong and that the circuit court correctly reversed the Board’s decision.

Tyree v. Boston Scientific Corp.

54 F. Supp. 3d 501 · District Court, S.D. West Virginia · Oct 29, 2014

Procedural Background The court established its initial schedule for expert disclosures on March 28, 2014. (Pretrial Order #87 [Docket 39]). … Zakrzewski clearly indicates that he has no knowledge of who wrote the MSDS or why it was written. (See Zakrzewski Dep. [Docket 215-14], at 45). Dr.

Coal & Coke Ry. Co. v. Conley

67 W. Va. 129 · West Virginia Supreme Court · Mar 8, 1910

The distinction is clearly marked in State v. Ehrlick, 65 W. Va. 700 . … In view of this, the phrase “over fifty miles in length,” was put in to qualify railroad.

McGee v. Cole

66 F. Supp. 3d 747 · District Court, S.D. West Virginia · Nov 7, 2014

The party invoking the court’s jurisdiction bears the burden of establishing standing. Lujan, 504 U.S. at 561 , 112 S.Ct. 2130 . … Clearly, the Court here can direct the defendants to issue marriage licenses without directing the State Registrar to issue different forms.

White v. Kanawha City Co.

127 W. Va. 566 · West Virginia Supreme Court · May 8, 1945

The circuit court found the decisión of the court of common pleas clearly right, and, in turn, certified to this Court the questions of law arising upon said demurrers. … We consider this position not only definitely established in this state, but sound.

State v. Bostic

229 W. Va. 513 · West Virginia Supreme Court · Jun 14, 2012

of registration; thus, the required registration period of ten years simply could not have been a factor which induced Defendant to plead guilty to the latter offense. 8 Therefore, because the first certified question is clearly … (Emphasis added) “ ‘ “It is well established that the word ‘shall,’ in the absence of language in the statute showing a contrary intent on the part of the Legislature, should be afforded a mandatory connotation.”

In re Petition for Reinstatement of C. Michael Sparks

West Virginia Supreme Court · May 22, 2025

Despite offering expected expressions of remorse and acceptance of responsibility, petitioner’s reinstatement testimony is clearly designed to significantly downplay his involvement in the corruption in Mingo County. … With the specifics of petitioner’s adjudicated misconduct established, we consider its gravity.