Case law

In Re Faith C.

225 W. Va. 629 · West Virginia Supreme Court · Jun 4, 2010

The guardian maintains that the evidence clearly establishes that Sophia sustained second-degree burns as a result of intentional immersion in scalding water. … Porter, establishes that Sophia was not intentionally burned.

Doe v. Marshall University Board of Governors

District Court, S.D. West Virginia · Jul 19, 2023

As this Court recently explained “[t]he Supreme Court of Appeals of West Virginia has held that West Virginia—or its agencies, officials, or employees—is entitled to qualified immunity where the allegedly injurious conduct … constitutes a discretionary governmental function unless ‘plaintiff has demonstrated that [the relevant] acts or omissions are in violation of clearly established statutory or constitutional rights or laws of which a reasonable

263 Towing, Inc. v. Marcum Trucking Co.

222 W. Va. 80 · West Virginia Supreme Court · Mar 14, 2008

We established in syllabus point one of Israel by Israel v. … Contrary to the assertion of the sheriff, the petitioners’ legal right to seek relief through mandamus is firmly established in West Virginia Code § 7-5-9 (1923) (Repl.Vol. 2006), which clearly provides that: When any order

Wetzel v. Jones

75 W. Va. 271 · West Virginia Supreme Court · Dec 15, 1914

established, indeed admitted, and his knowledge of the value of the property purchased- — this is the only just and proper answer to be returned to the inquiry. … Furthermore, many witnesses, abundantly qualified by reason of prolonged experience and definite knowledge derived from the management and control of the well in controversy, testified that on February 2, 1911, the interest

Bonnell v. Carr

170 W. Va. 493 · West Virginia Supreme Court · Jun 23, 1982

The reason advanced was that the board of education had the initial duty of following the statutory provisions and extending a contract unless it was determined that the teacher was not qualified. … We cannot say that the circuit court’s finding was clearly wrong.

Cunningham v. Bechtold

186 W. Va. 474 · West Virginia Supreme Court · Dec 17, 1991

, 161 W.Va. 750 , 246 S.E.2d 259 (1978): Where the request is made to take the ultimately designated test under the implied consent law and the licensee by his conduct or words manifests a reluctance to take the test or qualifies … his assent to take the test on factors that are extraneous to the procedures surrounding the test, proof of refusal is sufficiently established.

Hall v. Putnam County Commission

District Court, S.D. West Virginia · Jul 5, 2023

Usually, the subject matter of a deposition is not well-defined in advance; thus, the need for prospective relief is more difficult to establish than in other methods of discovery. … Clearly, the Court is not in a position to rule in advance on whether Ms.

State v. Storey

182 W. Va. 328 · West Virginia Supreme Court · Dec 8, 1989

Clearly, he did not engage in the maneuver in such a way as to complete it before he arrived in the area potentially obscured by the curve and clearly marked by double lines as a no-passing zone. … Rather clearly, as indicated in State v. Vollmer, supra, and State v.

Adkins v. Foster

187 W. Va. 730 · West Virginia Supreme Court · Jul 23, 1992

We reverse and remand for a new trial on the issue of damages alone, with special emphasis on the establishment of future economic damages to a reasonable degree of certainty. I. … If the award was based upon pain and suffering as adjudged by the jury, that was clearly in their province under the evidence presented and could not be deemed excessive as a matter of law.

West Virginia Department of Health & Human Resources, Ex Rel. Wright v. Doris S.

197 W. Va. 489 · West Virginia Supreme Court · Jul 8, 1996

Thus, the above-mentioned ease law clearly establishes that the term “knowingly” as used in West Virginia Code § 49-1-3(a)(1), does not require that a parent actually be present at the time the abuse *503 occurs, but rather … This concept is clearly established by West Virginia Code § 49-l-l(a) (1995) which provides: (a) The purpose of this chapter is to provide a comprehensive system of child welfare throughout the State which will assure to

Pritt v. Blue Cross & Blue Shield of West Virginia, Inc.

699 F. Supp. 81 · District Court, S.D. West Virginia · Oct 26, 1988

After considering the Court’s analysis in Royal Drug, this Court concludes that the present provider agreement clearly cannot be characterized as the “business of insurance within the meaning of the McCarran-Ferguson Act. … With regard to Defendant’s allegation that several of Plaintiff’s claims are preempted by ERISA, the critical issue for the Court to determine is whether Plaintiff qualifies as a “beneficiary” within the meaning of the Act

Allstate Insurance v. Ashley

833 F. Supp. 583 · District Court, S.D. West Virginia · Oct 8, 1993

Ashley’s damages exceeded $50,000, she qualified as an underinsured motorist under her Allstate policy. … Four of the Defendants’ vehicles are clearly covered by one policy and one declaration sheet.

State of West Virginia v. Tremale Leon Straughter

West Virginia Supreme Court · Sep 15, 2023

Straughter fails to establish error with respect to any of the issues presented and he fails, therefore, to establish the first prong required for application of the plain error doctrine. 2 Mr. … Straughter offered no evidence, however, to establish when the circuit court first received a qualified report and there is, therefore, no evidence that the circuit court failed to act in the statutory time frames.

State Ex Rel. Adkins v. Sims

130 W. Va. 645 · West Virginia Supreme Court · Jul 6, 1947

existence of a moral obligation of the State to compensate the estates of the victims of this distressing accident, it is assumed that such supposed obligation was in the minds of both, inasmuch as the State has constitutional immunity … In the cases at bar the appropriations were clearly for a private purpose, unless it be held that they were made in discharge of a moral obligation of the State.

John D. Hager v. The Riverview Country Club, Inc.

West Virginia Supreme Court · Jun 10, 2024

Va. 197, 423 S.E.2d 600 (1992) (“A motion which would otherwise qualify as a Rule 59(e) motion that is not filed and served within ten days of the entry of judgment is a Rule 60(b) motion regardless of how styled . . . .” … However, the petitioner’s arguments are entirely deficient and do not establish his entitlement to relief on appeal.

State Ex Rel. Haught v. Donnahoe

174 W. Va. 27 · West Virginia Supreme Court · Oct 11, 1984

He was admitted to the practice of law in the State of California on June 5,1963, and, at that time, established a one-man office in the Los Angeles area where, until recently, he actively engaged in the practice of law. … Virginia for five years, or whether admission to the practice of law anywhere for five years is sufficient. 3 We recognize that where “a constitutional provision is clear in its terms, and the intention of the electorate is clearly

Osborne v. United States

211 W. Va. 667 · West Virginia Supreme Court · Jul 8, 2002

However, in order to maintain such a third party action under the MPLA, the plaintiff must establish the elements of proof contained in W.Va.Code § 55-7B-3 (1986) (Repl.Vol.2000). I. … “Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. pt. 1, Chrystal R.M. v.

Dudley v. Browning

79 W. Va. 331 · West Virginia Supreme Court · Nov 28, 1916

No. 2 and treated it as hers and sold and conveyed it, the immunity of infants and married women from the operation of the principle of estoppel, as regards title to-land, could not be invoked. … For reasons already stated, we are clearly of the opinion that all of them were effectually estopped from claiming any title to Lot No. 2.

Clark v. Deskins

District Court, S.D. West Virginia · Jun 27, 2019

Code § 51- 2A-3 (establishing family court circuits and setting number of judges). … These are clearly judicial acts. Plaintiff nonetheless argues that Defendant is not immune from suit because she entered into a prior agreement with Plaintiff’s ex-wife to rule in his ex-wife’s favor.

Valero Terrestrial Corp. v. McCoy

36 F. Supp. 2d 724 · District Court, N.D. West Virginia · Sep 17, 1997

Clearly, case law establishes the Supreme Court’s disfavor of declaratory judgments which permit a plaintiff to avoid the constraints of the Eleventh Amendment. … Chambers clearly establishes that this is unconstitutional. Finally, this Court finds that the local preference statute is discriminatory on its face.