Case law

Chesapeake & Ohio R. Co. v. Miller

19 W. Va. 408 · West Virginia Supreme Court · Apr 22, 1882

Those rules have been clearly and explicitly laid down in numerous decisions; and we feel their binding force. … The property wdthin the legal sub-division established by law for the convenience of the people must all pay homage to this one uniform rule.”

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.

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.

In Re: C.B.

West Virginia Supreme Court · Nov 22, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … In the instant case, petitioner clearly shared actual physical possession, care, and custody of a child.

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.

James v. West Virginia Board of Regents

322 F. Supp. 217 · District Court, S.D. West Virginia · Jan 13, 1971

Since 1967, the students accepted for practice teaching in Mercer County have been predominately black, which fact is clearly established by evidence of record. … tins inciting others to violence on the campus and the destruction of school property was clearly beyond the limits of his First Amendment privileges, and we find that the efforts put forth and ac- i tions taken by the college

State v. McCracken

218 W. Va. 190 · West Virginia Supreme Court · Nov 30, 2005

Rule 702 provides: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, … which the prosecutor’s remarks have a tendency to mislead the jury and to prejudice the accused; (2) whether the remarks were isolated or extensive; (3) absent the remarks, the strength of competent proof introduced to establish

Burdette v. Maust Coal and Coke Corp.

159 W. Va. 335 · West Virginia Supreme Court · Feb 17, 1976

In accordance with procedures established by Mr. … The Gauley Company was immune from this action because of compliance with the Workmen’s Compensation laws.

Larry v. United States

District Court, N.D. West Virginia · Oct 14, 2020

immunity. … Department of Justice [Doc. 1-6] clearly indicates that the administrative claim was in fact received on May 2, 2018.

In Re Tobacco Litigation

215 W. Va. 476 · West Virginia Supreme Court · May 6, 2004

rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … must be something that a qualified physician would prescribe based upon the demonstrated exposure to a particular toxic agent.” 206 W.Va. at 142 , 622 S.E.2d at 433.

Myers v. City of Charleston

District Court, S.D. West Virginia · Jul 21, 2020

At the outset of the case, the district court ordered the limitation of discovery to the issue of qualified immunity. Id. at 167. … Instead, it establishes an immunity defense to the types of claims brought by Plaintiffs. See, e.g., Hutchison v. City of Huntington, 198 W.

Bailey v. Boilermakers Local 667 of the International Brotherhood of Boilermakers

480 F. Supp. 274 · District Court, N.D. West Virginia · Nov 29, 1979

Doski also clearly holds that § 1985(3) is not an available mechanism to enforce rights created by Title VII, id. at 1334, nor does it provide a cause of action for violation of rights flowing directly and exclusively from … of a hiring hall or a pool of persons out of which a union may refer qualified applicants for jobs with particular employers.

State v. Cirullo

142 W. Va. 56 · West Virginia Supreme Court · Jun 26, 1956

the levy term of the county court each year, and at any other time when required by the court which appointed them, or the judge thereof in vacation, prepare a list of not less than one hundred nor more than two hundred qualified … Clearly, in my opinion, the prime purpose of the constitutional provision above quoted, as well as the implementing statute, was to establish uniformity throughout this State in the manner of impanelling of grand juries.

State v. Corbin

117 W. Va. 241 · West Virginia Supreme Court · Mar 17, 1936

The objection was due to the fact that the court sustained the state’s contention that the defense witness could not qualify as an expert in fingerprints. … We do not think' it necessary to pass upon the question of whether either witness qualified as an expert or whether the testimony was, in fact, expert evidence.

Dial v. Hollandsworth

39 W. Va. 1 · West Virginia Supreme Court · Mar 19, 1894

Once establish the doctrine that the complaining candidate must show fraud or falsification of ballots, and you give immunity to fraud. … Under the decision in this case, upon the evidence of the poll clerks alone, the purity of the election is established.

Miller v. Charleston Area Medical Center

District Court, S.D. West Virginia · Nov 14, 2023

Thus, “[t]o establish a prima facie religious accommodation claim, a plaintiff must establish that: ‘(1) he or she has a bona fide religious belief that conflicts with an employment requirement; (2) he or she informed … To be within the ADA’s protected class, one must be “a qualified individual with a disability.” (citing 42 U.S.C. § 12112).

Johnson v. Wilson

District Court, S.D. West Virginia · Mar 29, 2019

The court finds that the magistrate judge correctly concluded that well-settled law establishes that, based upon sovereign immunity, the United States of America cannot … Legislative Immunity In the plaintiff’s objections, she wrote that “Plaintiff Johnson understand that Congressman Jenkins have ‘Absolute or Qualified Immunity.’

STATE EX REL. LINCOLN JOURNAL v. Hustead

716 S.E.2d 507 · West Virginia Supreme Court · May 2, 2011

Petitioners asserted a qualified reporter's privilege under the First Amendment to the United States Constitution and under West Virginia state law. … no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal's order is clearly

Lozinski v. Lozinski

185 W. Va. 558 · West Virginia Supreme Court · Jul 17, 1991

By defining the term “tortious act” as including any act committed in the state which involved a breach of duty to another and resulted in ascertainable damages, the Poindexter court ruled that nonsupport qualified as a tortious … Our ruling in this case is consistent with recent legislation which clearly establishes both a statewide and a nationwide trend towards enabling individuals to seek child support from errant ex-spouses or parents who are

Kuhn v. Robin L. Ravenscroft Living Trust

West Virginia Supreme Court · Nov 18, 2020

Shrout’s deed that follows the metes and bounds description of the parcel and purports to establish the express easement at issue herein, the majority noticeably omits any reference to the deed’s preceding, qualifying language … However, he does not explain how the alleged right-of-way can traverse the same path that is occupied by a well casing that is clearly marked on not one, but two of the surveys he relies upon to establish the alleged easement