Case law

Hager v. American General Finance, Inc.

37 F. Supp. 2d 778 · District Court, S.D. West Virginia · Jan 7, 1999

The creditor shall clearly and conspicuously disclose ... to any obligor in a transaction subject to this section the rights of the obligor under this section. … Pauley told them that credit life insurance was mandatory in order to qualify for each of the loans and that they would not have purchased the insurance otherwise.

Bade v. Feay

63 W. Va. 166 · West Virginia Supreme Court · Nov 26, 1907

The evidence wholly fails to establish mental incompetency. Mrs? … Thornburg signed the note, reciting a valuable consideration, is clearly established, and her solemn act, consistent with circumstances which may well be supposed to have lead to the result, cannot be overthrown by [alleged

Graham v. Graham

174 W. Va. 345 · West Virginia Supreme Court · Feb 6, 1985

Syllabus Point 5 of Garska states: If the trial court is unable to establish that one parent has clearly taken primary responsibility for the caring and nurturing duties of a child neither party shall have the benefit of … This Court specifically noted that the trial court found that "he was a good student and was qualified to testify." 152 W.Va. at 125 , 160 S.E.2d at 182 .

Arkwright Mutual Insurance v. National Union Fire Insurance

148 F.R.D. 552 · District Court, S.D. West Virginia · Apr 29, 1993

This unambiguous language clearly and unequivocally limits application of 26(b)(4)(B) to discovery disputes between parties. … Determining the driving force behind the preparation of each requested document is therefore required in resolving a work product immunity question. *556 National Union, 967 F.2d at 984 (emphasis in original).

State v. Berrill

196 W. Va. 578 · West Virginia Supreme Court · Jun 14, 1996

Indeed, the record clearly demonstrates that his intended message was completely misunderstood. Mr. … We find, therefore, that the errors confessed by the State are clearly established by the law and the facts of this case.

LaRue v. WV Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Aug 3, 2020

To state a claim of deliberate indifference, a plaintiff must establish two elements. “First, the alleged constitutional deprivation must be, objectively, sufficiently serious.” … Dep’t of Transp., 914 F.3d 213, 228 (4th Cir. 2019) (“A proposed amendment is futile when it is clearly insufficient or frivolous on its face,” or “if the claim it presents would not survive a motion to dismiss.”).

Harry Kaufman & Gold Construction Co. v. Planning & Zoning Comm.

171 W. Va. 174 · West Virginia Supreme Court · Nov 24, 1982

Local governing bodies may establish such agencies to “promote the orderly development of its governmental units and its environs.” W.Va.Code § 8-24-1. … This statement clearly relates only to the physical aspects of lot size, not the type of development and the economic class of renters.

Callison v. Bright

85 W. Va. 700 · West Virginia Supreme Court · Mar 9, 1920

In this he was clearly right. The bill filed in this case was solely for the purpose of securing the-aid of a court of equity in the administration of the estate by the executor. … If she has a claim against the estate of her deceased husband, and the validity of it is denied, she may bring her suit to establish the same.

CSX Hotels, Inc. v. City of White Sulphur Springs

217 W. Va. 238 · West Virginia Supreme Court · Jul 8, 2005

The appellees counter that the Legislature chose the phrase “accurate survey map” to indicate the map had to be (1) precise and (2) prepared from measurements done in an ac *241 tual survey performed by a person qualified … The appellees contend — again referring to the various statutory requirements regulating the profession of land surveying — that a proper, accurate survey is one that establishes boundary monuments, and clearly measures distances

Tipton v. Secretary of Education of the United States

768 F. Supp. 540 · District Court, S.D. West Virginia · Jun 21, 1991

Plaintiffs argue that application of West Virginia’s consumer protection statute, W.Va.Code § 46A-2-103, clearly establishes that the original lenders and their assignees, particularly, HEAF and the Secretary, are subject … But neither the Government nor the Court of Appeals advanced any concrete reasons for rejecting well-established commercial rules which have proven workable over time.

United States v. Robinson

912 F. Supp. 212 · District Court, S.D. West Virginia · Jan 12, 1996

The Court reviews the evidence and makes specific findings regarding its ruling. 2 The Sentencing Guidelines provide: “[i]f a defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense … Simply put, Defendant Robinson does not qualify for the reductions because he did not admit, but in fact contested, the extent of his relevant criminal conduct.

State v. Williams

14 W. Va. 851 · West Virginia Supreme Court · Nov 9, 1878

Under the Constitution of Kentucky there is no limitation on the Legislature whatever in the establishment of courts, except that such courts so established shall be inferior to the Supreme Court. … This to me very clearly shows, that to the legislative mind the general statute above cited did not apply to special terms.

Kostenko v. U.S. Department of Health & Human Services

916 F. Supp. 2d 661 · District Court, S.D. West Virginia · Jan 4, 2013

Not only does Plaintiff bear the burden of showing that the Court has subject matter jurisdiction, but he also “bears the burden of pointing to ... an unequivocal waiver of immunity.” … Illinois Council on Long Term Care, Inc., the Supreme Court noted that “those words [‘to recover on any claim arising under this subchapter’] clearly apply in a typical Social Security or Medicare benefits case, where an

Delardas v. County Court of Monongalia County

158 W. Va. 1027 · West Virginia Supreme Court · Jul 29, 1975

These seven classes and the minimum and maximum valuation of property, all classes, established to determine the classification of each county are as follows: *1031 Minimum Assessed Maximum Assessed Valuation of Property, … Code 1931, 7-l-5a, as amended” are to be regarded as specific references within the 1972 Act, unless otherwise qualified.

Mey v. Venture Data, LLC

245 F. Supp. 3d 771 · District Court, N.D. West Virginia · Mar 29, 2017

Protection of consumers’ privacy rights was clearly foremost in Congress’s mind when it enacted the telephone call restrictions of the TCPA. … In receiving 163 unsolicited calls, Plaintiff clearly experienced the very sort of inconvenience against which Congress sought to protect her.

Johnson v. Kallis

District Court, N.D. West Virginia · Dec 19, 2019

Third, Plaintiff’s Bivens Complaint must be dismissed as all defendants are entitled to qualified immunity. … Abbasi, 137 S.Ct. 1843 (2017), as well as arguing that all defendants are entitled to qualified immunity.

Carter v. Monsanto Co.

635 F. Supp. 2d 479 · District Court, S.D. West Virginia · Jun 19, 2009

Specifically, the defendants asserted as federal defenses the government contractor defense and an immunity defense under the Defense Production Act, 50 App. U.S.C. § 2061 et seq. (Id. at 6.) … plaintiffs’ alternative motion for voluntary dismissal because such a ruling would render the past nine years of litigation a waste and would deprive the defendants of the right to have the question of government contractor immunity

Kevin C. v. David Ballard, Warden

West Virginia Supreme Court · Nov 22, 2017

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 … We also find that petitioner has failed to establish prejudice as a result of trial counsel’s failure.

State v. Black

227 W. Va. 297 · West Virginia Supreme Court · Mar 4, 2010

In order to qualify as “scientific knowledge,” an inference or assertion must be derived by the scientific method. … Further, even removing the eomplained-of reference, there still remains competent proof to establish the guilt of the accused.

In re G.G.

West Virginia Supreme Court · Jun 8, 2023

Discussion In this appeal, the petitioners argue that the circuit court’s decision to allow the respondents to intervene and, ultimately, adopt G.G. is contrary to a clearly established preference for relative … Like subsection (a)(6), West Virginia Code § 49-2-126(a)(5) contains qualifying language that directs that a child’s placement in a kinship home should only occur “when such placement meets the objectives set forth in