Case law

Owens-Illinois Glass Company v. Battle

151 W. Va. 655 · West Virginia Supreme Court · Jun 6, 1967

The business and occupation tax and the rates thereof are established by the provisions of Article 13 of Chapter 11, Code, 1931, as amended. … But in specifying the gross sale price as a basis for determination of the “value of the articles produced,” the statute qualifies such provision by use of the words, “except as otherwise provided”.

Jones v. West Virginia Department of Corrections and Rehabilitation

District Court, S.D. West Virginia · Apr 16, 2024

Defendants requested qualified immunity for all of Jones’s claims about the three WRJ policies. See Def.’s Mem. at 13; Def.’s Reply at 4. … In her PF&R, the Magistrate Judge recommends qualified immunity be granted on these claims. See PF&R at 23–25. Jones did not object to this recommendation.

Lowe v. Ballard

District Court, S.D. West Virginia · Jan 30, 2024

Lowe’s Second Amended Complaint fails to state a plausible claim for relief; (3) Defendant Ballard is entitled to qualified immunity on his supervisory liability claim; (4) the claims 3 … qualified immunity.

In re: S.M. & K.M.

West Virginia Supreme Court · Nov 23, 2015

Under that protection plan, petitioner agreed (1) to attend the requisite classes necessary for her to qualify for certain governmental assistance, (2) to attend substance abuse treatment, and (3) not to permit 1 … These findings shall not be set aside by a reviewing court unless clearly erroneous.

City of New Martinsville v. Public Service Commission

229 W. Va. 353 · West Virginia Supreme Court · Jun 11, 2012

This Court has long held that, “[a] statute is presumed to operate prospectively unless the intent that it shall operate retroactively is clearly expressed by its terms or is necessarily implied from the language of the statute … The purchase prices for the Hannibal and Morgantown projects were arrived out of negotiations between the parties; the Grant Town purchase price was established by the Commission. .

State ex rel. Thompson v. Ballard

229 W. Va. 263 · West Virginia Supreme Court · Jun 13, 2012

We have held that: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Weisiger to be viewed by the jury as expert testimony and to allow her to give expert opinions when she was not academically or otherwise qualified to give such testimony; (3) The circuit court committed reversible and prejudicial

ELCO Mechanical Contractors, Inc. v. Builders Supply Ass'n

832 F. Supp. 1054 · District Court, S.D. West Virginia · Oct 6, 1993

MEWAs which are also EWBPs qualify for limited preemption from certain state insurance regulations; the extent of the preemption depends on whether the MEWA is “fully insured.” 29 U.S.C. § 1144 (b)(6)(A). … Clearly, ELCO and BSA’s other members had no involvement in the day-to-day administration of the plan.

In Re K.H.

235 W. Va. 254 · West Virginia Supreme Court · Apr 10, 2015

On November 6, 2008, the father filed a petition to establish custodial responsibility for the child. … Upon review of the record, this Court finds that the family court clearly erred.

State v. Muncey

102 W. Va. 462 · West Virginia Supreme Court · Nov 9, 1926

By this order the clerk of said court was directed to draw and select from the grand jury list sixteen qualified grand jurors to attend on the day set. … The act complained of here was of such character as clearly tended to excite suspicion and thus bring reproach upon the administration of justice.

State of West Virginia v. Amanda York

West Virginia Supreme Court · Apr 24, 2015

To establish that a defendant served as an accomplice, the State must prove that the defendant “in some sort associate[d] himself with the venture, that he participate[d] in it as something that he wishe[d] to bring about … Based on this claim, petitioner argues that she was likewise immune from prosecution for conspiracy to conceal Mr.

Surrillo v. Drilake Farms, Inc.

186 W. Va. 105 · West Virginia Supreme Court · Nov 1, 1991

The federal government, however, permits the hiring of such workers only if qualified citizens of the United States are not available for such employment. … The only issue in this case is whether the defendants had sufficient contacts with Puerto Rico to establish personal jurisdiction.

Curanovic v. Houchin

District Court, N.D. West Virginia · Aug 15, 2019

Fifth, the defendants assert that they are entitled to qualified immunity since the plaintiff failed to establish deliberate indifference on the part of the staff, but rather the plaintiff … Clearly, this is intentional cruel and unusual punishment.

Settle v. Settle

858 F. Supp. 610 · District Court, S.D. West Virginia · Jul 28, 1994

The court found the defendant employer was protected by the qualified privilege and that it acted only to protect and advance its own interests. … Despite the above-mentioned facts, established through the memoranda and exhibits supporting Defendant’s motion for summary judgment, which clearly refute wrongdoing on the part of Defendant, Plaintiff has chosen to institute

YMCA of Parkersburg v. West Virginia Department of Health and Human Resources

Intermediate Court of Appeals of West Virginia · Jul 28, 2023

According to the BOR, testimony at the hearing established that L.G. was permitted to return to the Williamstown After School program on February 28, 2022. … Clearly Wrong, Contrary to the Weight of the Evidence, Arbitrary, and Capricious As to its first assignment of error, YMCA asserts that the BOR’s decision was clearly wrong, against the weight of the evidence

Realmark Developments, Inc. v. Ranson

214 W. Va. 161 · West Virginia Supreme Court · Apr 17, 2003

Clearly, the right to recover for unjust enrichment is based on the principles of equity. However, the remedy sought in this case is a money judgment and, thus, is governed by law. … White were not qualified to render such an opinion, Realmark argued that their testimony should be excluded. The circuit court agreed.

Daniels v. McCulloch

168 W. Va. 740 · West Virginia Supreme Court · Dec 18, 1981

After a careful review of the record we cannot say that the court’s findings of fact on this issue were clearly wrong. Hence under the standard set down in Hall v. … In this case the Commission should now establish rules and regulations before it holds another promotional examination.

In re B.J. and A.J.

West Virginia Supreme Court · Mar 7, 2023

The court denied the motion, finding that petitioner did not qualify for a post- adjudicatory improvement period as he failed to acknowledge any wrongdoing. … Rule 8 of the Rules of Procedure for Child Abuse and Neglect Proceedings establishes “a rebuttable presumption that the potential psychological harm to the child outweighs the necessity of the child’s testimony.”

Esposito v. West Virginia Board of Regents

8 Ct. Cl. 223 · West Virginia Court of Claims · Mar 29, 1971

The facts in that case, in the opinion of this Court, clearly substantiated her right to be considered eligible as a resident student when she became a full time student. … As we are of the opinion that the claimant did not qualify as eligible for resident status in the matter of his tuition fees, and that the action of the Board of Governors was within its authority, we hold the claimant is

Polan v. Travelers Insurance Company

156 W. Va. 250 · West Virginia Supreme Court · Nov 14, 1972

Polan, qualified under the policy, would be entitled to $3,000.00. The following provisions of the subject group insurance policy are brought into question on this appeal: “SECTION 1. EMPLOYEES TO BE INSURED: “A. … This case involves a time within which an act is to be done and is clearly distinguishable from the instant case.

Carol King v. West Virginia's Choice, Inc.

234 W. Va. 440 · West Virginia Supreme Court · Nov 7, 2014

In addressing the question posed, the circuit court found that the undisputed evidence established that more than eighty percent of WV Choice’s employees, including Ms. … “Domestic service” employment is clearly governed by the FLSA.