Case law

Dupont v. United States

980 F. Supp. 192 · District Court, S.D. West Virginia · Nov 3, 1997

American courts adopted the English action for loss of consortium and established consortium as a contractual right vesting on marriage. … Clearly, the claim asserts a spouse’s independent rights in the marriage relationship. See Baio, supra, at 1351-54.

Henderson v. Diamond

District Court, S.D. West Virginia · Oct 22, 2021

Third, Defendants argue that they are entitled to qualified immunity. (Id., p. 12.) … The foregoing was clearly an isolated incident of the opening of Plaintiff’s legal mail without any evidence improper motive, or interference with Plaintiff’s right to counsel or access to the courts.

State of West Virginia v. Clinton Douglas Skeens

233 W. Va. 232 · West Virginia Supreme Court · Apr 10, 2014

The evidence before the jury established that the victim, Jess Scott Jarrell, (“Jarrell”) died from multiple stab wounds resulting from an unprovoked attack carried out by Skeens at Jarrell’s home. … That establishes, in my opinion, the element of deliberation.

Bulick v. Milkint

90 W. Va. 509 · West Virginia Supreme Court · Mar 14, 1922

Before the time fixed for his departure he died, and the plaintiff here was appointed and .duly qualified as administratrix of his estate. … We are clearly of the opinion that the evidence shows that the purchase money for these lots has been fully paid, and the court below should have so decreed.

Lacy v. CSX Transportation, Inc.

205 W. Va. 630 · West Virginia Supreme Court · Jul 12, 1999

Thus, the foundation required by Rule 803(6) may be established by circumstantial evidence, or by a combination of direct and circumstantial evidence. … Plaintiffs clearly objected to the trial court’s exclusion of the statement regarding the eastbound locomotive, and it is this exclusion of evidence that they challenge on appeal. .

Tucker v. Tucker

176 W. Va. 80 · West Virginia Supreme Court · Feb 6, 1986

The standard for determining whether an order involving child custody should be modified is well established in this jurisdiction. … Clearly no testimony was taken. A hearing scheduled at the request of the appellant was cancelled. There is no evidence of a waiver by the appellant of his right to a hearing.

In Re: Expungement of the Record of T.R.W.

West Virginia Supreme Court · Jan 5, 2018

The court found that petitioner failed to establish, by clear and convincing evidence, that the requested expungement was consistent with the public welfare. … In his first three assignments of error, he argues that the circuit court abused its discretion and clearly erred in denying his petition for expungement.

Claytor v. Pierson

55 W. Va. 167 · West Virginia Supreme Court · Mar 1, 1904

Claytor, and qualified as such; that on the-- clay of-, 1900, said E. G. … Eliminating the incompetent testimony in the cause, we think the legal evidence therein clearly and conclusively establishes the following facts: That the plaintiff and W.

Amy R. Rhoe v. West Virginia Department of Health and Human Resources, Bureau for Social Services

Intermediate Court of Appeals of West Virginia · Feb 27, 2024

Rhoe argues that she is disabled, the record is unclear as to whether she is disabled for the purposes of the recertification period, nor does it seem to be relevant to that issue since she qualifies for the extended period … Rhoe has failed to adequately establish that she was entitled to an accommodation to this requirement. We find no clear error in the Board’s order and give deference to its findings. See Syl.

Kretzer v. Moses Pontiac Sales, Inc.

157 W. Va. 600 · West Virginia Supreme Court · Dec 18, 1973

This latter question is clearly within the province of the jury to solve.” It was indicated in the case of Bower v. … Evidence on this matter was introduced by a qualified witness as to the reasonable charges for such services in that area.

Horchler v. Van Zandt

120 W. Va. 452 · West Virginia Supreme Court · Oct 4, 1938

. *454 The first question for consideration is whether the record presents appreciable evidence tending to establish that the accident was proximately caused by negligent conduct of Van Zandt. … It is usual for the court to place in the box twenty qualified jurors, they having passed the test under voir dire.

State of West Virginia v. Cortez L. Barefield

814 S.E.2d 250 · West Virginia Supreme Court · May 17, 2018

For much the same reasons, the warrant in the present case fails to qualify as a valid “all persons” warrant. … Clearly, “[w]hen executing a warrant to search a residence, the police have authority to detain individuals who happen to be present.

Robert Smith, Administrator v. Carolyn Clark, M.D. and Cabell Huntington Hospital, Inc.

242 W. Va. 81 · West Virginia Supreme Court · Jun 10, 2019

Roberts is qualified and capable of covering both, and he could do that. Mr. … White, Juror No. 82’s testimony clearly shows that she would not be influenced in this case, and would not be partial toward any party.

Brown v. Hudgins

District Court, N.D. West Virginia · Oct 21, 2022

U.S., 909 F.2d 869 (6th Cir. 1990) (“The FTCA clearly provides that the United States is the only proper defendant in a suit alleging negligence by a federal employee”). … To meet that standard, Plaintiff must establish that the Government was not exempt from the FTCA pursuant to 28 U.S.C. § 2680(a).

State Ex Rel. Carenbauer v. Hechler

208 W. Va. 584 · West Virginia Supreme Court · Dec 14, 2000

“When the whole sixth (or judiciary) article of the Constitution is considered, certain purposes are clearly indicated! … The *596 employer did not alter the qualifications necessary to run for office, but rather established requirements for retaining employment.

Neary v. Charleston Area Medical Center, Inc.

194 W. Va. 329 · West Virginia Supreme Court · Jul 11, 1995

Neary argues that na *333 tional infection rate of 1 to 3% for laminecto-my surgery clearly establishes that CAMC had a duty to warn its patients of the dangers of such surgery. In Cross v. … applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of the states of the United States; and (e) such expert is engaged or qualified

Lahens v. United States

District Court, N.D. West Virginia · Sep 11, 2017

Jurisdiction and Applicability of the Federal Tort Claim Act The United States enjoys sovereign immunity except to the extent that Congress has waived such immunity by enacting the Federal Tort Claims Act, 28 … of 3 pages of Plaintiff’s medical records provided by the parties are insufficient to establish the standard of care.

Gordon v. Croutch

District Court, S.D. West Virginia · Sep 29, 2021

Finally, with respect to plaintiff’s allegations as to certain defendants, he concluded that they might entitled to qualified immunity. … Jan. 16, 2020) (dismissal under Younger appropriate where case concerned “ongoing child custody matters clearly implicat[ing] important state interests”); Clark v.

Alley Cat Allies Incorporated v. Berkeley County Animal Control and County Council of Berkeley County

West Virginia Supreme Court · Jun 13, 2024

We must then determine, as a threshold matter, whether Alley Cat qualifies as a taxpayer that may establish standing to maintain its action against the Respondents. B. … Taxpayer Status While taxpayer standing is well-established, the requirements to qualify as a taxpayer for standing purposes are not.

State v. Jankowski

102 W. Va. 234 · West Virginia Supreme Court · Sep 28, 1926

We recognize and follow the rule established for-generations and approved by experience, that great caution should be exercised by the courts in awarding a new trial when it is asked for on the ground that the verdict is … Besides the two instructions (all the state offered) each qualify the possession with the addition of the words “as charged in the indictment”.