Case law

Lawhead v. Garlow

114 W. Va. 175 · West Virginia Supreme Court · Oct 10, 1933

Lawhead, was appointed, and duly qualified as receiver of said institution; that an assessment was laid, as provided by statute, upon all the shares of the capital stock of said bank, and upon the respective owners of the … In order to establish the liability of the stockholder for an assessment, it must appear that a substantial portion of the unpaid indebtedness of the bank accrued during the period that such stockholder owned the stock.

Zachary Knotts v. State of West Virginia

West Virginia Supreme Court · Jun 3, 2020

The court shall order a qualified forensic evaluator to conduct a dangerousness evaluation to include dangerousness risk factors to be completed within thirty days of admission to the mental health facility … the following standard: “We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly

West Virginia Department of Corrections v. Mike Tencer

Intermediate Court of Appeals of West Virginia · Feb 27, 2024

Tencer now had limited range of motion related to these procedures, qualifying him for a permanent impairment rating. 3 error in her prior calculation and stated that Mr. … WVDOC does not adequately establish any error in this regard. Likewise, to the extent WVDOC argues that Dr.

Burton v. Burton

223 W. Va. 191 · West Virginia Supreme Court · Nov 19, 2008

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. … Hadley, 188 W.Va. 197 , 423 5.E.2d 600 (1992), as follows: “A motion which would otherwise qualify as a Rule 59(e) motion that is not filed and served within ten days of the entry of judgment is a Rule 60(b) motion regardless

State Ex Rel. Kitchen v. Painter

226 W. Va. 278 · West Virginia Supreme Court · Jun 7, 2010

Third, absent the prosecutor’s remark, there was more than sufficient competent evidence to establish the appellant’s guilt. … Clearly, counsel's decision to not present character evidence obviated any need for a bifurcated trial. 12 .

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.

Bell v. Moore

District Court, S.D. West Virginia · Apr 9, 2025

It is well established that prosecutors are absolutely immune “for their conduct in initiating a prosecution and in presenting the State’s case, insofar as that conduct is ‘intimately associated with the judicial phase … Even assuming arguendo that the Defendant acted outside of his prosecutorial functions, he would be entitled to qualified immunity.5 In sum, the Plaintiff’s claims against the Defendant simply do not rise to

Roberts v. Adkins

191 W. Va. 215 · West Virginia Supreme Court · May 23, 1994

The term ‘substantial public policy5 implies that the policy principle will be clearly recognized simply because it is substantial. … West Virginia Code § 47-18-4 prohibits the establishment, maintenance or use of a monopoly- 6 .

The Board of Education of the County of Wyoming v. Mary Dawson

West Virginia Supreme Court · Nov 8, 2023

Board has held that: Extracurricular assignments must be made on the basis of seniority, qualifications and evaluation of past service; however, in order for an employee to be qualified … Both the grievance board and the circuit court were clearly wrong in their determinations.

Broderick v. Broderick

28 W. Va. 378 · West Virginia Supreme Court · Sep 18, 1886

therein, worth between $3,000.00 and $4,000.00 and oí personal property not exceeding $50.00-His will was admitted to probate, and his brother, Michael Broderick the executor therein named, was on October 9, 1878, duly qualified … the litigation of this account was entitled to a trial by a jury, of which he was deprived by the action of the circuit court, which as to this branch of the case had no jurisdiction, until after the appellee had first established

Yasser Abdelhaq v. Ralph Terry, Superintendent

West Virginia Supreme Court · Nov 21, 2018

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … This Court has held that [i]n the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State Ex Rel. West Virginia Department of Health & Human Resources, Child Support Enforcement Division v. Varney

221 W. Va. 517 · West Virginia Supreme Court · Nov 21, 2007

The court concluded that although the March 20,1992, order “alter[ed] the language” of the January 27, 1992, order, it “does not establish a new decretal amount.” … Under the Act, if the sheriffs department was acting pursuant to an order entered by the mental hygiene commissioner, it would be immune from suit.

In re K.R.

229 W. Va. 733 · West Virginia Supreme Court · Nov 20, 2012

child will not be disturbed on appeal unless that discretion has been abused; however, where the trial court’s ruling does not reflect a discretionary decision but is based upon an erroneous application of the law and is clearly … By interpreting “home state” to cast a wider net to capture a “home state” qualifier, the purpose of prioritizing home state status is served.

STATE EX REL. MASSACHUSETTS MUT. LIFE INS. v. Sanders

724 S.E.2d 353 · 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 … The Respondents claim that in order to make this transfer, MassMutual had to represent that the annuity was coming *357 from a qualified tax plan into another qualified tax plan.

Rebecca Swisher v. Braxton County Memorial Hospital, Inc.

Intermediate Court of Appeals of West Virginia · Dec 22, 2025

There is a clearly established public policy in West Virginia regarding ensuring a level of quality when treating patients to not only protect the safety of the patients but the nurses as well. 17. … Swisher’s contention is that the assault of a health care worker by a third party qualifies as a wrongdoing under the statute.

Martin v. Smith

25 W. Va. 579 · West Virginia Supreme Court · Apr 11, 1885

His widow qualified as administratrix of his estate, and as such she brought this suit in September, 1879, in the circuit court of Mason county against the heirs and creditors of her intestate, among the latter was the defendant … To establish the parol gift and delivery of said bonds, the plaintiff was examined on her own behalf; it is, therefore, necessary to determine first whether or not she was a competent witness as to that matter.

Weinstein v. West Virginia Board of Law Examiners

183 W. Va. 158 · West Virginia Supreme Court · Jun 14, 1990

Rule 4.0(b), however, clearly establishes the date of application as the point at which the Board’s inquiry commences. … The reciprocity rule clearly contemplates consideration only of the applicant’s active practice in another state.

State v. McCartney

228 W. Va. 315 · West Virginia Supreme Court · Nov 17, 2011

Moreover, he argues that the coroner was not qualified to give an opinion as to the victim’s cause of death, was not qualified as an expert witness, and was not a physician or other qualified person. … The State, however, contends that the coroner’s testimony was sufficient to establish cause of death.

Delardas v. County Court of Monongalia County

155 W. Va. 776 · West Virginia Supreme Court · Feb 22, 1972

This section provides that each of the county officials therein mentioned “shall participate in the programs established under this section.” … We are of the opinion that the Springer case is clearly distinguishable from the instant case.

Cranmer v. McSwords

24 W. Va. 594 · West Virginia Supreme Court · Sep 27, 1884

Leander Zane were appointed executors, and they qualified and acted as such. … Badger, 2 Wall. 93 , says: “The facts of the case were -'clearly established’ by records and other written documents, and the courts were not called on to found their decree on the frail memory or active imagination of ancient