Case law

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.

In Re Dostert

174 W. Va. 258 · West Virginia Supreme Court · Nov 15, 1984

Both of these special grants of service credit clearly violate explicit constitutional prohibitions. West Virginia Constitution art. … Second, the Administrative Director mentions that although judges who are over sixty-five years of age need only serve eight years in order to qualify for retirement benefits and need only serve six years in order to qualify

Gibson v. Bower

137 W. Va. 462 · West Virginia Supreme Court · Oct 14, 1952

In the absence of such action, legally qualified voters would have been deprived of their right of suffrage. All the authorities we have examined disapprove such a result. … The pleadings available to a defendant, in mandamus are clearly set forth in Chapter 26, Article 1, Section 6, Acts of the Legislature, Regular Session, 1933.

State v. BOARD OF EDUCATION OF COUNTY OF RALEIGH

103 S.E.2d 797 · West Virginia Supreme Court · Jun 3, 1958

It is established herein that, though the charges against petitioners were reduced to writing and filed, they were not actually "entered of record". … Clearly, therefore, the removal order was void, and no vacancy was created by the entry thereof. In Hertzog v. Fox, Mayor, 141 W.Va. 849 , 93 S.E.2d 239 , we held: "1.

State of West Virginia v. Christopher M. Roof

West Virginia Supreme Court · Apr 20, 2021

Specifically, petitioner argued that doubling the minimum sentence for second-degree robbery, from five to ten years in prison, was “disproportionate to the sentencing guidelines established to afford people considerations … 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

Frymier v. Higher Education Policy Commission

221 W. Va. 306 · West Virginia Supreme Court · Oct 12, 2007

Va.Code § 18B-7-1] clearly is applicable only in layoff situations, and would not authorize the Court to grant [Ms. … To interpret this statutory code section, we must first establish the intent of the Legislature in promulgating the statute.

Wooddell v. Frye

144 W. Va. 755 · West Virginia Supreme Court · Nov 17, 1959

real estate shall dsend to any in my children if there be any living share and share alike, and I do nominate my wife Sadie Sue Wooddell to the Executor herefore and request that she be not required to give an security to qualify … Hannah to the bill of complaint and dismissed this suit, being clearly right, is affirmed. Affirmed.

Baldwin v. Williams

District Court, S.D. West Virginia · May 7, 2025

Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971); and (4) that Williams is entitled to qualified immunity. (Id.) … immunity argument raised in his motion.

Spartan Mining Co. v. David Wayne Lusk

West Virginia Supreme Court · Jul 6, 2017

On February 7, 2012, Erin Saniga, a qualified rehabilitation provider, performed a vocational evaluation. Ms. Saniga concluded that Mr. Lusk was capable of performing sedentary level work. … On January 31, 2014, Casey Vass, a qualified rehabilitation provider, authored a vocational evaluation report. Mr. Vass concluded that Mr.

Rosier v. Garron, Inc.

199 S.E.2d 50 · West Virginia Supreme Court · Sep 14, 1973

A grammatical analysis of the last quoted qualifying provision of Code, 55-7-6, which the reader may prefer to diagram, clearly indicates that the amended section does not apply to actions where the death occurred before … Justice Haden, discussed the right to amend with reference to the presentation of affirmative defenses, and established three criteria: (1) the amendment should permit the presentation of the merits of the action; (2) the

Thomson v. McGinnis

195 W. Va. 465 · West Virginia Supreme Court · Dec 15, 1995

However, where the exercise of reasonable diligence would disclose facts demonstrating that the contractor was clearly incompetent for the particular task contemplated, a reasonably prudent broker should not retain the contractor … Stephens was not qualified to inspect furnaces or heating systems. The questions of whether the Appellees created an agency relationship in retaining Mr.

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 ex rel. Department of Health & Human Resources v. Baker

210 W. Va. 213 · West Virginia Supreme Court · Nov 28, 2001

In this ease, the lower court clearly erred in attributing income at the level of $40,000 7 because the necessary statutory elements for relying on Appellant’s prior level of income were not established. See id. C. … It is for the Legislature, and not this Court, to establish the parameters for attributed income. .

Lance v. Board of Education of County of Roane

170 S.E.2d 783 · West Virginia Supreme Court · Nov 11, 1969

That there is no conflict or inconsistency between the two constitutional provisions here involved and the Equal Protection Clause of the Fourteenth Amendment is clearly established by the existence of numerous similar provisions … Now, unfortunately, for the first time, this Court, by the tortured and unwarranted application of the one person-one vote principle to a situation to which it clearly does not apply, and by invalidating clearly valid provisions

Monongahela Valley Traction Co. v. Windom

78 W. Va. 390 · West Virginia Supreme Court · May 16, 1916

Conceding that the verdict did cover, as part of the award, compensation for loss of lateral support of the residence lot, the contention would seem to ignore the important facts proved and also certain well established legal … These general principles, applicable here, will be found clearly stated and illustrated in 2 Lewis on Em. Dom. §§711, 819, 821; 15 Cyc. €90, 715, 741; Cotts v. Railway Co., 63 W. Va. 41 ; Watts v. Railway Co., 39 W.

Gaylord v. City of Beckley, West Virginia

District Court, S.D. West Virginia · Jul 25, 2018

He argues that his allegations against the City of Beckley are sufficient to state a §1983 claim that the Beckley Police Department has a policy, established by training or general practice, of charging obstruction without … Although Officer Bailey’s motion to dismiss is based on the pleading standard, rather than a defense of qualified immunity, case law evaluated qualified immunity in excessive force cases is helpful in evaluating the “unreasonableness

State of West Virginia v. Jacob Colby Spradlin

West Virginia Supreme Court · Nov 21, 2014

forensic psychiatrists, or one or more qualified forensic psychologists. … He clearly discussed his current legal dilemma, the roles and duties of courtroom participants and his awareness of possible legal outcomes. . . .

In Re: R.W.

West Virginia Supreme Court · Sep 25, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, this designation qualified her for additional time to comply with services below. The Court, however, does not find this argument compelling.

Adkins v. CSC & PSC

173 W. Va. 89 · West Virginia Supreme Court · Jan 26, 1984

This statute clearly contemplates that the director of personnel of the CSC shall, upon request, afford aggrieved employees, as well as the interested appointing authority, a hearing at which allocation of a position to a … Employees holding provisional appointments under the present system of classified service must qualify for permanent appointments under competitive examination.

In re M.B. and P.B.

West Virginia Supreme Court · Feb 7, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … of the Rules of Appellate Procedure, we decline to address it on appeal. 5 Petitioner also argues that “no efforts were made to determine if the courses and classes offered to incarcerated persons would qualify