Case law

West Virginia Ex Rel. McGraw v. Minnesota Mining & Manufacturing Co.

354 F. Supp. 2d 660 · District Court, S.D. West Virginia · Jan 25, 2005

In any event, the state clearly satisfies the rather elastic test for qualifying as the real party in interest for diversity purposes, at least vis-a-vis the attorney general: 3 Whether a state is the real party in interest … The best way to advance this objective is to accept the parties [as] joined ... unless joinder is clearly improper.

State v. Kelley

168 W. Va. 698 · West Virginia Supreme Court · Dec 18, 1981

This score qualifies the appellant as moderately mentally retarded or mentally deficient. … In furtherance of this aim, we have indicated that confessions of persons of low mental capacity must be received with caution. 2 In this case, the testimony of expert witnesses clearly establishes that appellant was incapable

Akers v. Quality Carriers, Inc.

District Court, S.D. West Virginia · Feb 7, 2022

However, despite this, the allegations in the Complaint fall woefully short of establishing the statutory elements for a “deliberate intention” claim. … Clearly, this path to recovery is not plausibly alleged. The second pathway to satisfying the “deliberate intention” exception is through demonstration of an unsafe work condition.

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.

Martin v. Leverette

161 W. Va. 547 · West Virginia Supreme Court · May 10, 1978

The doctrine is applicable to any claim of selective or discriminatory prosecution, and as the cases note a defendant bears a heavy burden of establishing that he has been singled out over others similarly situated and that … The foregoing law clearly demonstrates that appellant’s sentence under our habitual criminal statute was not a violation of equal protection standards.

Idleman v. King

District Court, S.D. West Virginia · Jul 22, 2020

Deputy King argues that he is entitled to qualified immunity on all of Plaintiff’s federal claims (Counts I through III) “because Deputy King was not present.” (ECF No. 48 at 6.) … CONCLUSION Deputy King’s argument for summary judgment regarding qualified immunity and the state law battery claim, wholly based on disputed material facts, is an egregiously frivolous

Wright v. Standard Ultramarine and Color Co.

141 W. Va. 368 · West Virginia Supreme Court · Dec 6, 1955

and capable men to join its organization and to continue in its employment the persons then employed; that the consideration for the defendant’s promise to pay the premiums was the continuance in its employment of qualified … This status of the employment of the plaintiff is indicated clearly by the allegations that the plaintiff intended to quit his employment with the defendant but did not do so for the sole reason that it had established a

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 ex rel. State Road Commission v. O'Brien

140 W. Va. 114 · West Virginia Supreme Court · Jun 15, 1954

Sections 52 and 35 of Article VI were adopted by the people of this State in order to establish a “pay as you go” system of financing. … Debts could then be contracted in unlimited amounts and payable in the far distant future, and still be immune from attack as violating constitutional provisions limiting indebtedness provided each debt was made payable out

Williamson v. Harden

214 W. Va. 77 · West Virginia Supreme Court · May 7, 2003

This Court upheld the jury’s verdict, stating that “Pote presented sufficient evidence from which a jury could find that he established all of the elements of his causes of action.” … However, see also, the dissenting opinion of Justice Davis in Wallace (discussing principal of witness immunity and citing the case of Briscoe v.

United States v. Kourey

276 F. Supp. 2d 580 · District Court, S.D. West Virginia · Aug 14, 2003

They believe that without antipsychotic medication Defendant clearly presents a significant danger to himself and perhaps to others. … The Court held that the licensed psychiatrist who administered a dose of Thorazine to the inmate under emergency circumstances did not violate any clearly established law.

State v. White

167 W. Va. 374 · West Virginia Supreme Court · Jul 9, 1981

This remark was made twice; *384 defense objected both times, it took place just before the jury’s deliberations; and, it elicited some qualifying remarks from the court. … We note, however, that this clearly will be unacceptable after October of this year when the new W. Va. Rules of Criminal Procedure, Rule 41(c) takes effect.

Maynard v. Hammond

139 W. Va. 230 · West Virginia Supreme Court · Dec 21, 1953

We are of opinion that this showing clearly establishes that Mulligan Chappell was legally chosen and qualified, and that he did act as Republican receiving clerk at this precinct." … The quoted language hereinabove set forth clearly shows that.

JC Penney Co., Inc. v. Hardesty

264 S.E.2d 604 · West Virginia Supreme Court · Feb 12, 1980

The second corner of our perimeter is established by Boston Stock Exchange v. … Clearly, since the decisions in General Motors Corp. and Standard Pressed Steel, if not as early as North-western States Portland Cement Co. v.

Smith v. Weaver

District Court, N.D. West Virginia · Aug 7, 2024

immunity. … In this case, the Plaintiff’s claims are clearly outside the applicable two-year statute of limitations.

Flesher v. BOARD OF REVIEW, ETC.

77 S.E.2d 890 · West Virginia Supreme Court · Oct 13, 1953

Flesher, the unremarried widow of the deceased veteran, Harry Edward Flesher, has not been established, and as the proof in this proceeding is not sufficient to render applicable the statutory presumption that she is dead … Because she is a nonresident of this State and was such nonresident at the time the application of the appellant for payment of the bonus was made she is not qualified to receive such bonus.

State v. Kennedy

229 W. Va. 756 · West Virginia Supreme Court · Nov 21, 2012

In support of this finding, we noted our well-established holding that “ ‘[a]ny physician qualified as an expert may give an opinion about physical and medical cause of injury or death’ and that ‘[t]his opinion may be based … Clearly, Dr.

Cutright v. Metropolitan Life Insurance

201 W. Va. 50 · West Virginia Supreme Court · Jul 11, 1997

immunity; (5) as to Count VII, because the agreements not to compete were geographically overbroad and lacking in consideration; (6) as to Count VIII, because Metropolitan did not require that its agents create and retain … These guidelines state clearly that “[wjith respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees

Garten v. Layton

76 W. Va. 63 · West Virginia Supreme Court · Mar 23, 1915

In the syllabus •of that case, the general rule inhibiting resort to the evidence seems to be qualified to that extent. … It is clearly susceptible of such use without violation of the spirit or principle of the general rule.

Devrnja v. West Virginia Board of Medicine

185 W. Va. 594 · West Virginia Supreme Court · Jul 23, 1991

Devrnja had previously been unable to qualify for licensure because he had failed the FLEX examination 1 on numerous occasions. … First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, see e.g., Hanover Shoe, Inc. v.