Case law

Savarese v. Allstate Insurance

223 W. Va. 119 · West Virginia Supreme Court · Dec 30, 2008

Crown Equipment Corporation, 219 W.Va. 347 , 633 S.E.2d 292 (2006), we held, in syllabus point 2, that “[ujnder the Privileges and Immunities Clause of the United States Constitution, Art. … Pursuant to West Virginia Code § 56-1-1 (c) (2003), a nonresident plaintiff must establish that all or a substantial part of the acts giving rise to his or her claims occurred in West Virginia in order to establish that venue

Mary Beth Cochran v. Mark Iams Cochran

230 W. Va. 580 · West Virginia Supreme Court · Mar 28, 2013

Clearly, the spousal support awarded to the petitioner by the family court does not qualify as rehabilitative spousal support. … However, for the reasons stated above, it does qualify as proper temporary spousal support under the factors set forth in W. Va.

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.

State v. Green

207 W. Va. 530 · West Virginia Supreme Court · Jul 10, 2000

Green argues that having established that she effectively pleaded guilty to only one uttering offense under W. … West Virginia Code § 61-4-5(a) clearly supports charging Green with separate offenses based upon each document uttered.

Chafin v. Norfolk & Western Railway Co.

80 W. Va. 703 · West Virginia Supreme Court · Sep 25, 1917

The rule and the reason for it is clearly stated in 2 R. C. … No tribunal is better qualified to apportion the damages than the jury who are trying the case, and it is always proper to require them to do so by their verdict.

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 v. Bass

189 W. Va. 416 · West Virginia Supreme Court · Jun 11, 1993

In this case, the defendant clearly met the first two prongs of the prima facie case test. … Once a defendant makes the foregoing showing and a prima facie case is established, then under Batson the State has the burden to establish an adequate explanation for the exclusion: “Once the defendant makes the requisite

SER Danita LaDayne, Administratrix of the Estate of Jonathan S. LaDayne v. WV Legislative Claims Commission

West Virginia Supreme Court · Nov 22, 2019

Our State constitution provides sovereign immunity protections and does not allow for suits to be brought against the State. … Moreover, her claim was clearly brought pursuant to the Claims Commission’s authority to consider a claim against the State pursuant to West Virginia Code § 14-2-12.

Blankenship v. City of Charleston

223 W. Va. 822 · West Virginia Supreme Court · Jun 18, 2009

There is no dispute that the endorsements are part of the policy, and endorsement M/E-217 clearly qualifies the types of bodily injury .claims covered under the policy through its statement that “[t]his insurance applies … It is well-established that the “[ljanguage in an insurance policy should be given its plain, ordinary meaning.” Syl. Pt. 1, Soliva v.

Orndoff v. Rowan

156 W. Va. 205 · West Virginia Supreme Court · Oct 24, 1972

Counsel for the plaintiff objected to the question upon the ground that the witness was not an expert witness and, therefore, was not qualified to give his opinion. The court sustained the objection. … trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.”

Short v. Wells Fargo Bank Minnesota, NA

401 F. Supp. 2d 549 · District Court, S.D. West Virginia · Nov 18, 2005

The issue at hand in the instant case is whether plaintiff qualifies as a holder of a high cost HOEPA loan. … DM Properties, 1 Neb.App. 822 , 510 N.W.2d 413 (1993) (prospective borrower failed to establish that loan broker acted as borrower’s agent where borrower had no control over broker).

Napper v. United States

District Court, S.D. West Virginia · Mar 19, 2019

Congress created exceptions to § 1346(b) under 28 U.S.C. § 2680, which qualified the United States’ waiver of sovereign immunity under the FTCA. … In that case, the plaintiff cited guidance from an FAA order which established that the inspector should have relied on § 21.183(d). Id. at 347.

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.

Tracy W. v. David Ballard, Warden

West Virginia Supreme Court · Sep 5, 2017

that the proceedings would have been different is not clearly erroneous. … Consequently, these findings were not clearly erroneous.

Amanda Goff, Robert H. Carlton, individually and d/b/a Robert H. Carlton Law Office, and Homestead Realty Incorporated v. James Smith, former Sheriff of Mingo County

Intermediate Court of Appeals of West Virginia · Sep 4, 2024

The State Respondents filed motions to dismiss both Kanawha County actions and the Mingo County action, pursuant to the doctrine of qualified immunity and under Rule 12(b)(6) for failure to state a claim upon which relief … Our Supreme Court “has established as a basic policy that cases should be decided on their merits, and that, therefore, default judgments are not favored.” Hinerman v. Levin, 172 W.

CONSOL of Kentucky, Inc. v. Terry M. Bentley

Intermediate Court of Appeals of West Virginia · Apr 22, 2024

In order to qualify for permanent total disability benefits, a claimant must be “unable to engage in substantial gainful activity requiring skills or abilities which can be acquired or which are comparable to those of any … Due to the lack of specificity in West Virginia Code § 23-4-6(j) regarding the operation of post-PTDRB reviewing bodies, we look to well-established canons of construction.

Doe v. Cabell County Board of Education

District Court, S.D. West Virginia · Sep 15, 2023

During her deposition, Cotton clearly stated those accusations were false. … CCBOE is not immune from Plaintiff’s WVHRA claim.

Graf v. University of West Virginia Board of Trustees

202 W. Va. 419 · West Virginia Supreme Court · Jun 24, 1998

Having been previously advised by the Dean/Vice President that I am not qualified to be promoted under the current guidelines, I decline to be evaluated under the current guidelines. (Emphasis added). Dr. … The issue we address concerns whether the evidence in this case established that Dr. Graf withdrew his request for a promotion. The administrative law judge found that Dr.

State v. Mullins

135 W. Va. 60 · West Virginia Supreme Court · Nov 28, 1950

Mullins, at the time he shot and killed the deceased, Noah Chapman, Jr., if the jury believes beyond a reasonable doubt that he so shot and killed him, was a duly qualified and acting police officer of the municipality of … The statutes we have quoted seem to clearly establish the fact that to appear in a public place in an intoxicated condition is a misdemeanor for which either a sheriff, his deputy, a constable or a police officer in a municipality

Greenfield v. Schmidt Baking Co., Inc.

199 W. Va. 447 · West Virginia Supreme Court · Mar 19, 1997

in the subject matter; however, a bad motive will defeat a qualified privilege defense. … Thus, we need not discuss the applicability of a qualified privilege. 10 .