Case law

Shafii

District Court, S.D. West Virginia · Jun 10, 2026

Miller, 797 F.2d 1279 (4th Cir. 1986), and that qualified immunity is not applicable given that Defendants Goodwin and Cary were named in their official capacities. … Graham, 473 U.S. 159, 166-67 (1985) (stating that government officials sued in their official capacities are not entitled to qualified immunity). 8 (A

Old National Bank of Waupaca v. Peoples Bank of Harrisville

89 W. Va. 132 · West Virginia Supreme Court · Sep 27, 1921

These authorities clearly establish the doctrine in this country that the bank which discounts a draft with a bill of lading attached is not, in the absence of bad faith on its part, answerable to the drawee for the performance … title to the goods, and the title to the money passed to the plaintiff bank, and when Marshall delivered this draft to the carrier’s agent and accepted the carload of goods he cannot be said to have accepted it for any qualified

State v. Angel

173 W. Va. 620 · West Virginia Supreme Court · Jul 12, 1984

The prosecuting attorney advised the court of the immunity from arrest provisions of W. Va. Const., Art. … If the State *626 would elevate it to murder in the first degree, the burden is upon the State to establish beyond a reasonable doubt the characteristics of that crime as previously related herein.

Akers v. Bd. of Educ. of County of Raleigh

214 W. Va. 337 · West Virginia Supreme Court · Oct 31, 2003

Vol. 2003), through which she challenged the Board's decision that she was not qualified for the Medicaid Billing Reviewer position. By decision dated June 16, 2001, the grievance was denied at Level I. … An evidentiary hearing was held on September 7, 2001, for the purpose of supplementing the record established at the lower levels.

Jana Brooke O'Dell v. Scott A. Adkins, in his capacity as Acting Commissioner of WorkForce West Virginia, and WorkForce West Virginia Board of Review

Intermediate Court of Appeals of West Virginia · Jun 11, 2025

The record clearly establishes that the struggles Ms. O’Dell encountered in trying to obtain work from Poll Makers would have been present regardless of the COVID-19 pandemic. In addition, Ms. … Thus, the CARES Act is clearly a remedial statute.

Pace v. Celebrezze

243 F. Supp. 317 · District Court, S.D. West Virginia · Jul 21, 1965

If the children are to qualify as the legitimate issues of wage earner, they then must come under Section 4086 of the Code. The statute 3 refers specifically to “marriages deemed null in law.” … In June of 1959, wage earner, having established a period of disability in 1958, and his wife filed for wife’s and child’s insurance benefits, but their claims were denied.

Dave Sugar, Inc. v. West Virginia Human Rights Commission

203 W. Va. 90 · West Virginia Supreme Court · Jul 13, 1998

The circuit court concluded that Sugar had “successfully rebutted the presumption of discrimination by clearly establishing evidence of nondiscriminatory reasons for the decision not to consider complainant for employment … Respondent claimed that it already had enough qualified applicants prior to complainant’s application; however, the evidence revealed that it later hired a male who applied subsequently to do a job complainant was well qualified

Wilson v. Perry

29 W. Va. 169 · West Virginia Supreme Court · Nov 20, 1886

The want of clearly recognized grantees, or clearly recognized beneficiaries constitutes the indefinite character of these charities, and rendérs them void at common law. … of our well established public policy.

Goetz v. Old National Bank of Martinsburg

140 W. Va. 422 · West Virginia Supreme Court · Nov 23, 1954

S. 362 , 25 L.Ed. 813 . *440 An examination of Chapter 4,43 Elizabeth, shows clearly that the object and purpose of that statute was to establish commissions whose duty should be to enforce charitable uses. … The foregoing statement of the rule against perpetuities clearly applies to human beings.

State of West Virginia v. Rida Shahid Hendershot

West Virginia Supreme Court · Jun 2, 2026

rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … Spriggs should not have been qualified as an expert witness under Rule 702, requires little discussion.

Lajoie v. Bellomy

129 W. Va. 685 · West Virginia Supreme Court · Feb 4, 1947

Bellomy was her husband, is not denied, is established by the oral testimony of plaintiff, and, in the absence of attack, was valid. … Dower consummate has been defined by this Court in the following language: “ * * * That she has some sort of vested right immediately upon the death of her husband can not be doubted, and it seems very clearly established

Marcus v. Staubs ex rel. Staubs

230 W. Va. 127 · West Virginia Supreme Court · Nov 15, 2012

As to the factual *135 underpinning to both means of establishing liability, the order quite clearly mirrors respondent’s arguments and appears to adopt wholesale respondent’s version of the facts. … Even under petitioner’s definition of a social host as one who “furnishes alcoholic beverage without remuneration,” he clearly does not qualify.

Mumaw v. U.S. Silica Co.

204 W. Va. 6 · West Virginia Supreme Court · Dec 4, 1998

Sias clearly states that preexisting-procedural law governs the granting of employers’ dispositive motions under W.Va. Code § 23-4r-2(c)(2)(ii). … Additionally, employees were given safety-harnesses. 6 Notwithstanding Administrator Mumaw’s efforts to take deposition testimony out of context, all of the evidence clearly proved that U.S.

State v. Hoke

76 W. Va. 36 · West Virginia Supreme Court · Mar 23, 1915

This point' is clearly without merit. State v. Shanley, 38 W. Va. 516 . The order does recite, “a necessity .existing therefore, it is ordered”, etc. … But no objection was-made in the lower court to the constitution of the grand jury, and it does not appear that any of the persons serving-as such were not legally qualified.

State v. Keeton

166 W. Va. 77 · West Virginia Supreme Court · Dec 2, 1980

The issue of intoxication was raised by the defendant and the record clearly supports the conclusion that the trial court would not give any intoxication instruction. … The conclusion was clearly based on hearsay; however, the error, which originated in the autopsy report, was harmless.

Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Jad H. Ramadan

West Virginia Supreme Court · Nov 6, 2023

Moreover, the DMV failed to assign as error the respondent’s failure to move for the witness to be qualified as an expert. … The OAH found that this acknowledgement “establishes that horizontal gaze nystagmus is not only a phenomenon of alcohol use, but controlled substances and drugs as well.”

Thomas v. Rutledge

167 W. Va. 487 · West Virginia Supreme Court · Jul 14, 1981

classification is a rational one based on social, economic, historic or geographical factors; whether the classification bears a reasonable relationship to a proper governmental purpose; and whether all persons within the classes established … At the time of the hearing, she was attempting to qualify for such a license.

State ex rel. West Virginia Department of Human Services v. The Honorable Catie Delligatti, Judge of the Circuit Court of Berkeley County

West Virginia Supreme Court · Jun 4, 2025

A court may exceed its legitimate powers by entering an order that is clearly erroneous as a matter of law. … Finally, we have determined that the court clearly erred as a matter of law by imposing this financial obligation on the DHS, and this error is entitled to substantial weight.

State v. Wooldridge

129 W. Va. 448 · West Virginia Supreme Court · Dec 21, 1946

A jury was impanelled, in the process of which there was a prolonged controversy as to the propriety of permitting certain persons to qualify as jurors. … Clearly each of the defendants knew of the command to disperse made by the justice of the peace.

M.M., a Minor, By and Through Her Mother, etc. v. Pfizer, Inc.

239 W. Va. 876 · West Virginia Supreme Court · Nov 1, 2017

In short, the Panel concluded that Michigan law governs M.M.’s claims; federal law operates to preempt the exception to Michigan’s failure to warn immunity where the subject drug has received FDA approval; no genuine issues … Such presumption may be defeated, however, if the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all.