Case law

Petros v. Kellas

146 W. Va. 619 · West Virginia Supreme Court · Oct 24, 1961

It must be kept in mind that the constitutional provisions relating to immunity of the State, and its agencies, can not be waived by the Legislature. That immunity is absolute. Hamill v. Koontz, Tax Commissioner, 134 W. … establishes that there is no genuine issue of material fact, summary judgment may be rendered.”

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.

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.

Metropolitan Life Insurance v. Gatson

200 W. Va. 656 · West Virginia Supreme Court · Jul 14, 1997

Cutright to comply with his supervisor’s instructions regarding use of the sonic computer qualifies as misconduct within the definition adopted by this Court in Kirk v. … Cole, 169 W.Va. 520 , 288 S.E.2d 547 (1982), as it clearly constituted both a flagrant disregard of a standard of behavior that Metropolitan had a right to expect and a disregard of his obligations to his employer.

State Ex Rel. McKenzie v. Smith

212 W. Va. 288 · West Virginia Supreme Court · Jul 17, 2002

Qualified rehabilitation professionals must utilize the following priorities. … If a lower numbered priority is clearly inappropriate for the injured worker, the next higher numbered priority must be utilized.

Powers-Taylor Drug Co. v. Faulconer

52 W. Va. 581 · West Virginia Supreme Court · Mar 28, 1903

All of this is clearly and effectually negatived and precluded by the evidence in this case. … How far does it qualify the general inhibition of acts by an insolvent debtor? Only to the extent that he may so dispose of paper representing indebtedness due to him.

Donaldson Mine Co. v. Human Rights Commission

187 W. Va. 631 · West Virginia Supreme Court · Jul 15, 1992

Gregory has indisputably established the first two elements of a pri-ma facie case as outlined in Conaway v. Eastern Associated Coal Corporation, supra. … Gregory was qualified for the positions for which he applied. There is also evidence that he was never disciplined or counseled during his employment.

State Ex Rel. Tomblin v. Bivens

150 W. Va. 733 · West Virginia Supreme Court · Jul 15, 1966

The principle is well established by the decisions of this Court that by virtue of Section 28, Article 1 (formerly Section 15, Article 4), Chapter 3, Code, 1931, as amended, the county court of every county is authorized … It clearly appears from the record in this proceeding that the petitioners, consisting of a majority of the members and the chairman of the Logan County Democratic Executive Committee, have fully complied with the requirements

State ex rel. Massachusetts Mutual Life Insurance v. Sanders

228 W. Va. 749 · West Virginia Supreme Court · Feb 24, 2012

The plaintiffs claim the transaction involved fraud and tax fraud. 3 The 412i plan must be established by an employer as the sponsor of the plan and the plan itself is then established as a separate and distinct entity with … The Respondents claim that in order to make this transfer, MassMutual had to represent that the annuity was coming *753 from a qualified tax plan into another qualified tax plan.

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. . . .

Bailey v. SWCC and Eastern Associated Coal Corp.

170 W. Va. 771 · West Virginia Supreme Court · Jun 24, 1982

In a slightly later case the Court used “jurisdictional” in quotation marks, clearly a reluctant and qualified usage of the term. Stewart v. State Compensation Director, 150 W.Va. 103 , 144 S.E.2d 327 (1965). … Industrial Commission, 111 Ariz. 364 , 529 P.2d 1181 (1974) which have established the rule that "... if a claimant appears to have a meritorious position and the facts do not establish an excessive delay, and the delay does

Pennella Doyle v. The Department of Veteran Affairs

District Court, N.D. West Virginia · Oct 15, 2021

Judge Syska Plaintiff is clearly unhappy with Judge Syska’s rulings. … Judge Syska was clearly acting in a judicial capacity.

Anderson's Paving, Inc. v. Hayes

170 W. Va. 640 · West Virginia Supreme Court · Sep 16, 1982

It has been long established in this State, and in this country, that corporations are “artificial person, possessing those rights and properties only, which their charter confers on them either expressly or as necessarily … A corporation is not a “citizen” within the meaning of the Privileges and Immunities clause of the Fourteenth Amendment. Hauge v. C.I.D., 307 U.S. 496 , 59 S.Ct. 954 , 83 L.Ed. 1423 (1939).

Brinkley v. Hill

981 F. Supp. 423 · District Court, S.D. West Virginia · Oct 15, 1997

Additionally, Defendants asserted their Eleventh Amendment immunity, and claimed that Plaintiffs had failed to state a cause of action upon which relief could be granted. 2. … Subsection (d) declares that a state may qualify for an exemption to those requirements if it “demonstrates to the satisfaction of the Secretary ... that the enactment of any law or the use of any procedure or procedures

Ramey v. CONTRACTOR ENTERPRISES, INC.

225 W. Va. 424 · West Virginia Supreme Court · Apr 15, 2010

Standard of Review As is clearly established, “[a] circuit court’s entry of summary judgment is reviewed de novo.” Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). … Appellants argument regarding proof of intentional exposure is not clearly articulated.

Taylor v. State Compensation Commissioner

140 W. Va. 572 · West Virginia Supreme Court · Mar 8, 1955

Is a workman’s compensation claim inherently of such a different character or of such higher sanctity that it should be singled out and held immune to a statute of limitations? … It is universally held that the legislature may establish, or lengthen, or shorten, the time within which any sort of judicial, or quasi judicial, proceeding may be instituted for the enforcement of legal rights, provided

State v. Goodrich

14 W. Va. 834 · West Virginia Supreme Court · Nov 2, 1878

In the case before us the prisoner’s willingness to violate the law is clearly shown, and therefore the presumption that he was not violating the law when he married Fannie I. … have rendered doth set aside the verdict of the jury in this case, and doth remand the case to the circuit court of Harrison county, with directions to proceed in the manner prescribed by law to cause another jury duly qualified

Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Brian Ettinger

West Virginia Supreme Court · Jun 13, 2023

On April 5, 2022, the circuit court entered an “Order Granting Writ of Prohibition” considering the factors this Court established in Syllabus Point 4 of State ex rel. Hoover v. Berger, 199 W. … He states that he was not convicted of, and did not enter a plea of any sort to, a qualifying offense that would trigger a license revocation under West Virginia Code § 17C-5-2b.

State of West Virginia v. William Leonard Beegle

237 W. Va. 692 · West Virginia Supreme Court · Apr 21, 2016

As a result, he contends the Ninth Street address continued to qualify as his address. … Consequently, the Act makes clear that the provision of a post office box will not qualify as a “physical residential address.” W.Va. Code § 15-12-2(d)(2).