Case law

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

State v. Garner

128 S.E.2d 185 · West Virginia Supreme Court · Nov 19, 1962

This interpretation is clearly supported by the first paragraph of the statute, which provides for the governing body to submit such question by an ordinance, but it prohibits the governing body from submitting the same question … This Court has stated that such clear legal right "cannot be established in the proceeding itself, but must exist when *191 the proceeding is instituted." State ex rel. Jarrell v.

State v. Franklin

174 W. Va. 469 · West Virginia Supreme Court · Mar 1, 1985

Moss, a national organization to curtail drunk driving established its first chapter in West Virginia in our eastern panhandle. … In this case the spectators were clearly distinguishable from other visitors in the courtroom and, led-by the sheriff, they constituted a formidable, albeit passive, influence on the jury.

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.

In re A.W.

West Virginia Supreme Court · Mar 16, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Given that the evidence established that petitioner had not remedied the conditions of abuse and neglect at issue, it is clear that termination was appropriate.

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.

Lisa Clark v. St. Mary's Medical Center

West Virginia Supreme Court · Apr 10, 2015

Petitioner is an experienced intensive 1 An employer’s immunity from suit provided under the worker’s compensation system may be lost if the plaintiff employee establishes all of the following elements: … We have held that in cases where the claimed injury is “obscure” and not clearly apparent to a lay person, the plaintiff must offer expert medical testimony that the serious injury was the direct and proximate result of the

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

Dieter Engineering Services, Inc. v. Parkland Development, Inc.

199 W. Va. 48 · West Virginia Supreme Court · Dec 16, 1996

Va.Code, 31-1-66 [1974] the plaintiff foreign corporation could not maintain a suit because it had never qualified to do business in this State. Id. … USA Mobile Communications, Inc., 190 W.Va. 209, 212 , 438 S.E.2d 1, 4 (1993) that "[although stockholders were not immune from liability for corporate obligations at common law, such insulation has been the cornerstone of

Freeland v. Ballard

6 F. Supp. 3d 683 · District Court, S.D. West Virginia · Mar 13, 2014

The Supreme Court rejected an argument that an objective test of deliberate indifference be established. … South Carolina Dep’t of Corrections, the United States Court of Appeals for the Fourth Circuit observed that: In June 2000, it was clearly established in this circuit that correctional officers who are present when a violent

Joseph Craig Dorsey v. Blackhawk Mining, LLC, and John Adkins v. Marfork Coal Company, LLC

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

As established by West Virginia Code § 23-4-8c12 and acknowledged by Mr. Adkins and Mr. … Adkins’ argument fails because employers covered by workers’ compensation insurance are immunized from liability for statutory or common law damages.

Chapman v. Mingo Logan Coal LLC

District Court, S.D. West Virginia · Jul 22, 2025

It notes that employers who participate in the worker’s compensation system are generally immune from liability for workplace injuries and deaths, with limited avenues for loss of that immunity. … Those allegations meet the pleading standard established in Rule 8.

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.

David Ballard, Warden v. Richard Lee Hunt, Jr.

235 W. Va. 100 · West Virginia Supreme Court · Apr 9, 2015

Davis, Annotation, Admissibility, in Prosecution for Sexual Offense, of Evidence of Other Similar Offenses, 77 A.L.R.2d 841 (1961). 6 Edward Charles L. clearly establishes that a lustful disposition may be shown by collate … The evidence of the State overwhelmingly established Hunt’s guilt of the crimes charged.

Dixon v. Kirby

210 F. Supp. 2d 792 · District Court, S.D. West Virginia · Jul 16, 2002

Citing the test established by the Supreme Court in Procunier v. Martinez, 416 U.S. 396 , 94 S.Ct. 1800 , 40 L.Ed.2d 224 (1974), Defendants state: ... … Policy Directive 503.00 is clearly neutral. It prohibits inmates from receiving all catalogs without regard to content.

Kominar v. Health Management Associates of West Virginia, Inc.

220 W. Va. 542 · West Virginia Supreme Court · Jun 7, 2007

But to some specific medical postmortem observation I think requires an expert that’s trained and qualified in that particular field. And I didn’t think the embalmer fit that. … The ultimate decision and underlying considerations of the trial court regarding admissibility will not be disturbed on appeal unless they are clearly wrong. Syl. Pt. 4, Rozas v.

Ratliff v. The United States Department of Education

United States Bankruptcy Court, S.D. West Virginia · Aug 27, 2021

Bankruptcy Code Section 106(a) clearly abrogates that immunity in this specific situation: the Ratliffs accuse the DOE of violating the discharge injunction (contained in § 524), which is listed in § 106(a) as a basis … for abrogation of sovereign immunity against a governmental unit.

Frontier-Kemper Constructors, Inc. v. Elk Run Coal Co.

246 F.R.D. 522 · District Court, S.D. West Virginia · Nov 21, 2007

In asserting that its Rule 26(a)(1) disclosures suffice in responding to the Rule 34 requests without showing that the Rule 26(a)(1) disclosures were produced as they were kept in the usual course of business, Plaintiff clearly … so much of it as is true and qualify or deny the remainder.

Lucas v. Smithfield, C. & H. F. Turnpike Co.

36 W. Va. 427 · West Virginia Supreme Court · Apr 9, 1892

But no reason is perceived why every declaration accompanying the act of possession, whether in disparagement of the claimant’s title or otherwise qualifying his possession, if made in good faith, should not be received as … Smith, 27 Gratt. 892 ; and Eden Inj. 237 — clearly show that the plaintiff is in the proper forum.