Case law

Hayes v. Roberts & Schaefer Co.

192 W. Va. 368 · West Virginia Supreme Court · Dec 8, 1994

. § 342.690 and § 342.700 (Michie 1993), 4 bestow immunity upon a contractor and a subcontractor from liability outside of the workers’ compensation system. … The spirit of W.Va.Code, 55-2A-2 [1959] clearly favors the extinguishment of the claim. See Oakley v. Wagner, 189 W.Va. 337, 340 , 431 S.E.2d 676, 679 (1993).

West Virginia Board of Risk and Insurance Management v. United States

District Court, S.D. West Virginia · Aug 23, 2019

Code § 29-12D-1a(c)(3) (“If a qualifying claim is settled prior to the filing of an action, the claimant, or his or her counsel, shall remit the payment to the Board of Risk and Insurance … Jurisdiction “[A]ny waiver of the National Government’s sovereign immunity must be unequivocal,” U.S. Dep’t of Energy v.

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.

Arbogast v. Shields

123 W. Va. 167 · West Virginia Supreme Court · Mar 15, 1941

If Romine would have united with Shields to remove Pritchard, the fact could easily have been established by calling him as a witness. … This is clearly immaterial.

Beuter v. Beuter

122 W. Va. 103 · West Virginia Supreme Court · Feb 27, 1940

The record before us does not clearly show what proceedings were had in the cause prior to December 30, 1937, but on that day a decree was entered directing T. H. Duval, special commissioner, to pay to Austin V. … From this decree we conclude that Carrie Martin Beuter had died, and that a personal representative had qualified for her estate, and that property had been sold by Duval, as special commissioner, in which her estate had

In re Hill

190 W. Va. 165 · West Virginia Supreme Court · Oct 25, 1993

In the ad, Hill and Friend were described as “Mature — Qualified” and “Competent — Confident—Compatible,” and voters were informed that, “This Team Will Work For You.” … It clearly states that a judge who is not a candidate may not publicly endorse a candidate for public office. Just as clearly, this canon does not prohibit the endorsement of a candidate by a judge who is a candidate.

West Virginia Counties Group v. Great Cacapon Volunteer Fire Department, Inc.

West Virginia Supreme Court · Nov 4, 2020

Here, the Legislature has not altered or qualified the term “subrogation.” … We note again, however, that West Virginia Code § 29-12A- 13(c) bars all subrogation claims and the Legislature has not placed any qualifier on that term.

State v. Gill

187 W. Va. 136 · West Virginia Supreme Court · Mar 24, 1992

No other evidence was introduced to establish that the defendant had committed the crimes alleged in companion Counts 11 and 12. … Under these circumstances, we find that the State’s evidence was manifestly inadequate to establish the defendant’s guilt.

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.

Simpson v. Grand International Brotherhood of Locomotive Engineers

83 W. Va. 355 · West Virginia Supreme Court · Feb 11, 1919

Va. 778 ; but, in order to apply this doctrine, incorporation by some name must be established. … In the absence of an express provision, guaranteeing immunity from second trial for the same offense, the right of interpretation and construction exists and that right is vested in the Grand Chief Engineer.

Jaime C. Walker v. Pocahontas County Board of Education

West Virginia Supreme Court · Sep 5, 2017

Code, [6C–2–1], et seq. [ ], and based upon findings of fact, should not be reversed unless clearly wrong.” Syl. pt. 1, Randolph Cnty. Bd. of Educ. v. Scalia, 182 W.Va. 289, 387 S.E.2d 524 (1989). … Job postings for vacancies made pursuant to this section shall be written to ensure that the largest possible pool of qualified applicants may apply.

Brian Frye v. Erie Insurance Company (Chief Justice Armstead, dissenting)

West Virginia Supreme Court · Jun 12, 2024

My client clearly paid his premiums. Nobody disputes that. The only question now is, all right, was there mine subsidence. … This qualifying language expressly limits the court’s duty under Rule 24 when the parties fail to timely raise a constitutional issue.

State of West Virginia v. Cynthia Annmarie Gatewood

West Virginia Supreme Court · May 26, 2022

Gatewood argues that the circuit court erred when it declined to qualify Dr. Hudson as an expert on the long-term effects of drug addiction. … The circuit court was not clearly wrong to find that Dr. Hudson’s expertise did not extend to the particular impact of longtime methamphetamine use on one’s brain.

State v. Massie

72 W. Va. 444 · West Virginia Supreme Court · May 6, 1913

1515al, defines public road as follows: “A public road, within the meaning of this chapter, includes any road leading from any other public road over one or more person’s land to another .person’s* land and which has been established … Having charged the obstruction of a private way or road clearly the State was not entitled to prove the obstruction of a, public road.

Barbour v. W. H. Tompkins

81 W. Va. 116 · West Virginia Supreme Court · Oct 16, 1917

November 5, 1913, in quantities sufficient to confer on the assignee the right of further exploration either by drilling the well to lower sands in order to increase production, or other wells, after that date, under the qualified … They were not the agents of the lessee or of its assignees; and no declaration of theirs, even if established by proof, would bind the operating as-signee or prejudice any rights it might have.

State of W. Va. v. Fitch

164 W. Va. 337 · West Virginia Supreme Court · Mar 11, 1980

The State contends that even though the evidence of a prior offense was inadmissible under McAboy , its admission would not amount to reversible error because the error was harmless under the test established in State v. … The fact that the other offender was a juvenile is also immaterial since the adult may be punished “irrespective of the fact that the principal in the first degree, by reason of his status as a juvenile, may be immune from

Bradley Bowe v. Melissa Bowe

Intermediate Court of Appeals of West Virginia · Mar 14, 2024

STANDARD OF REVIEW “In reviewing . . . a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly erroneous standard, and the application … Although this scenario is different than equitable distribution, the immunity stems from the same source, § 5301, so the taxation analysis is instructive to equitable distribution.

Hi-Lad, Inc. v. Colombo

District Court, S.D. West Virginia · May 23, 2023

immunity. … for failure to state a claim being appropriate, the Court need not reach the Defendants’ arguments regarding qualified immunity. 7

Wheeling-Pittsburgh Steel Corp. v. Rowing

205 W. Va. 286 · West Virginia Supreme Court · Jul 16, 1999

While the JTPA clearly obligates recipients of program funding to establish grievance procedures, nothing in the statute or its implementing regulations suggest that siich procedures preempt or otherwise limit the pursuit … However, only “deliberate, clear and unequivocal” statements of fact qualify as judicial admissions. Matter of Corland Corp., 967 F.2d 1069, 1074 (5th Cir.1992) (citation omitted).

Armco, Inc. v. Hardesty

172 W. Va. 67 · West Virginia Supreme Court · May 25, 1983

Armco, Inc., is an Ohio corporation qualified to hold property and do business as a foreign corporation in West Virginia. … division in isolation has a limited business connection in this State. 3 Our cases involving our business and occupation tax 4 have responded to these United States Supreme Court opinions and have taken note of what is clearly