Case law

Long v. Egnor

176 W. Va. 628 · West Virginia Supreme Court · Jul 3, 1986

A public official could only overcome the qualified privilege by showing that the statement was not only false, but was made with actual malice. 6 These principles are established in our libel law. E.g., Mauck v.. … The question of whether the challenged statements in the present case are actionable is not even a close one—they clearly are not defamatory.

DePond v. Gainer

177 W. Va. 173 · West Virginia Supreme Court · Jul 24, 1986

Documentation also included W-2 forms, to establish levels of compensation or length of governmental service; affidavits of circuit and county clerks, to establish levels of compensation, length of other governmental service … years of service in order to qualify for benefits under the Judicial Retirement System.

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.

Ravenna Furnace & Heating Co. v. Cotts

124 W. Va. 750 · West Virginia Supreme Court · Oct 13, 1942

We have, therefore, allegations which, if sustained by proof, would establish a case of fraudulent conveyance, which a court of equity would avoid. … One point of the demurrer was that the plaintiff, not having qualified to do business in this state, could not maintain this suit.

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.

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

In re C.S. and B.S.

West Virginia Supreme Court · Jun 15, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Mey v. Got Warranty, Inc.

193 F. Supp. 3d 641 · District Court, N.D. West Virginia · Jun 30, 2016

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.

Perdue v. Ferguson

177 W. Va. 44 · West Virginia Supreme Court · Nov 13, 1986

I The Huntington Floodwall Board was established by an ordinance enacted by the City Council of the City of Huntington. 1 The purpose of the Huntington Floodwall Board was to operate and maintain the floodwall system of the … A municipal council or other governing body of a municipality, when acting or attempting to act in a legislative capacity, upon a subject within the scope of its powers, is entitled to the same immunity from judicial interference

Marilyn McKinney v. Little General Store, Inc.

Intermediate Court of Appeals of West Virginia · Jan 10, 2023

McKinney asserts that the record establishes that the conditions were more likely than not a result of the injury as evidenced by the fact she could perform her job duties until the injury occurred, whereupon she had immediate … McKinney asserts should be added to the claim are preexisting conditions that were merely aggravated by the compensable injury and do not qualify as discrete new injuries.

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.”).

Hupp v. Sasser

200 W. Va. 791 · West Virginia Supreme Court · Jul 17, 1997

Hupp’s behavior, but they are clearly not provably false. … Hupp’s own testimony established that he recognized the possibility that his teaching position was in jeopardy of not being renewed as a result of the complaints.

Lucion v. McDowell County Board of Education

191 W. Va. 399 · West Virginia Supreme Court · Jul 20, 1994

The majority clearly ignored W.Va.Code, 18A-4-8 [1993] when it upheld the action of the board of education in the case before us. Instead, the majority relied on Board of Education v. … Boards shall be required to post and date notices of all job vacancies of established existing or newly created positions in conspicuous working places for all school service employees to observe for at least five working

Michael v. Sabado

192 W. Va. 585 · West Virginia Supreme Court · Dec 21, 1994

Thus, a trial court may abuse its discretion if it so limits the voir dire that the litigants are unable to determine whether the jurors are statutorily qualified or free from bias. State v. … In this ease, the other instructions given by the trial judge clearly informed the jury that it had the duty to determine whether the evidence presented established causation for the injury.

In Re Hunter H.

227 W. Va. 699 · West Virginia Supreme Court · Jun 14, 2011

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Psychologist Sandra Street was qualified as an expert in mental and behavioral health assessments, counseling, and child development. Ms.

State v. Myers

171 W. Va. 277 · West Virginia Supreme Court · Dec 9, 1982

"The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. … There, a 19-year-old was charged with the felony of nighttime breaking and entering and with the misdemeanor of contributing to the delinquency of a minor in connection with the theft of certain items from an ice cream establishment

State v. Cecil

173 W. Va. 27 · West Virginia Supreme Court · Dec 15, 1983

Cecil clearly understands what is said to him and the forthcoming legal proceedings. It is believed that Mr. … Cecil is competent to stand trial and to assist his attorney in his defense if matters are clearly explained to him in simple and concrete terms. 2 .

In re Gordon G.

216 W. Va. 33 · West Virginia Supreme Court · Jun 29, 2004

These findings shall not be set aside by a reviewing court unless clearly erroneous. … West Virginia law provides immunity to those who report, therefore, the majority of reports are anonymous. .

Gibbs v. Ames

District Court, S.D. West Virginia · Aug 9, 2024

immunity for Defendants Wooten, Moles, and Mitchell (see Surreply at 3–4), the Court notes that Judge Aboulhosn did not decide the issue of qualified immunity in his PF&R, and thus the Court does not address those arguments … However, even viewing the evidence in the light most favorable to the Plaintiff, he fails to establish that Defendant Bowman’s actions rose to the level of deliberate indifference.

State v. Allen

45 W. Va. 65 · West Virginia Supreme Court · Apr 20, 1898

In the case at bar the prisoner was set to the bar of the court in the custody of the sheriff, which shows clearly his personal presence in court. … The prisoner, if the record can be relied upon (and we can look to no other source], speaks for himself, and says he is not guilty, — a fact which could not' be more clearly expressed in words.