Case law

Funkhouser v. Landfried

124 W. Va. 654 · West Virginia Supreme Court · Sep 24, 1942

In order to attempt to stamp out that rather cunning thievery, the lawmakers provided that when registering, voters, with certain clearly defined exceptions, should fill out and sign two registration cards answering prescribed … Therefore, amendments which are subject to a construction in full accord with the major purpose, or to a construction in diametrical conflict therewith, in spite of anything definite that might be shown to establish beyond

Tate v. United Fuel Gas Co.

137 W. Va. 272 · West Virginia Supreme Court · Jun 10, 1952

We are here dealing with an exception qualifying and limiting the meaning of the term “minerals”. … Such exception clearly provides that Karney E.

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

State v. Morton

84 S.E.2d 791 · West Virginia Supreme Court · Dec 1, 1954

That the doctrine should govern the new constitutional system established in 1789 was not doubted. … The principles and limits relating to delegation of legislative power is well established and generally accepted.

Honaker v. Burnside

182 W. Va. 448 · West Virginia Supreme Court · Dec 21, 1989

Pursuant to her Last Will and Testament, her husband Bradley Tuckwiller was named as guardian of her two children, 2 and he was later qualified as such. … Undoubtedly, Elizabeth’s best interests must be the primary standard by which we determine her rights to continued contact with other significant figures in her life. 6 Clearly, “these interests are interests of the child

Baugh v. Merritt

200 W. Va. 393 · West Virginia Supreme Court · Jul 3, 1997

Baugh, until such time as she found work and established herself in the State of Missouri. Raymond J. Baugh, the appellee, apparently found this arrangement satisfactory. … Baugh to obtain a “medical card” for D.M., and as a consequence she executed a form which she believed would qualify her son for a “medical card.”

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.

W. Va. Division of Motor Vehicles v. Renee L. Richardson-Powers and W. Va. Human Rights Commission

239 W. Va. 78 · West Virginia Supreme Court · Mar 9, 2017

Powers to demonstrate she was “a qualified person with a disability.” … Powers is qualified to perform the essential functions of the CSR job with a reasonable accommodation. The DMV gave Ms.

State v. Bias

171 W. Va. 687 · West Virginia Supreme Court · Mar 25, 1983

performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … This patient should be considered extremely dangerous; therefore, it is the recommendation of this office that he be confined to maximum security establishment such as Spencer State Hospital.

In re B.H.

West Virginia Supreme Court · Oct 12, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Clearly, the circuit court found the probation officer’s testimony credible and persuasive.

Myers v. West Virginia Consolidated Public Retirement Board

226 W. Va. 738 · West Virginia Supreme Court · Nov 22, 2010

The Court clearly indicated that, should the evidence support Mr. … In reviewing the evidence presented by the Appellees at their respective hearings before the Board’s hearing officer, the Court cannot find that the Board clearly erred in concluding that neither Appellee had established

J. B. v. A. B.

161 W. Va. 332 · West Virginia Supreme Court · Mar 14, 1978

In fact, behavioral science is yet so inexact that we are clearly justified in resolving certain custody questions on the basis of prevailing cultural attitudes which give preference to the mother as custodian of young children … Regardless of whether a father actually wants custody or would be qualified for it, a demand for custody will have an onimous effect upon a mother.

Hunt v. Mounts

101 W. Va. 205 · West Virginia Supreme Court · Mar 23, 1926

Keeping' in view these principles Rave tRe plaintiffs established all the essential requisites necessary to make out a prima facie case in this action? … Here the evidence clearly shows that Florence Hunt and Fielding Hunt would be entitled to their undivided interest therein.

Adkins v. INCO Alloys International Inc.

187 W. Va. 219 · West Virginia Supreme Court · Apr 22, 1992

The job would be awarded to the qualified inspector with the most seniority. If an inspector’s job was eliminated, he could “bump” a less senior inspector and take the latter’s job. … Harsco Corp., 184 W.Va. 734 , 403 S.E.2d 751 (1991), we recognized that an implied contract of employment must be clearly proved.

Phillip D. Tice v. John S. Veach

West Virginia Supreme Court · Mar 3, 2021

Veach had established the elements of a prescriptive easement. … Veach offered the testimony of Terry Reed, Esq., 7 qualified by the court as an expert in real estate law; Donald Teter, qualified by the court as an expert in land surveying; Richard Rosencrantz, Mr.

Collins v. Keller

District Court, S.D. West Virginia · Sep 28, 2018

Keller’s fraudulent practice by February 25, 2016, to comply with the two-year statute of limitations established for Section 1983 claims. … In other words, the West Virginia Supreme Court clearly held in Cavendish that the one-year statute of limitations still applies to defamation claims.

Adkins v. Gatson

192 W. Va. 561 · West Virginia Supreme Court · Dec 21, 1994

statute, this Court has observed that the findings of fact of the Board of Review of the West Virginia Department of Employment Security are entitled to substantial deference unless a reviewing court believes the findings are clearly … We hold that the appellant has failed to establish a continuing employment contract under any theory that would qualify as an exception to the statute.

State v. Rogers

209 W. Va. 348 · West Virginia Supreme Court · May 14, 2001

“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 can be no question that money qualifies as property which is clearly a proper “subject of larceny.” W. Va.Code § 61-3-24(a)(l).

In re B.V., W.V.-1, L.V., N.R., E.O.-R., E.R., and S.V. and In re B.V., W.V.-1, L.V., N.R., E.O.-R., E.R., and S.V.

West Virginia Supreme Court · Apr 4, 2023

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.

In Re: L.W., R.W. and I.H.

West Virginia Supreme Court · Jan 17, 2014

These findings shall not be set aside by a reviewing court unless clearly erroneous. … This Court reminds the circuit court of its duty to establish permanency for the child.