Case law

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.

Hammond v. West Virginia Department of Transportation

229 W. Va. 108 · West Virginia Supreme Court · May 9, 2012

As the evidence in this case clearly established, conditions vary in the various districts and counties. … A careful review of the facts in this case clearly establishes that the appellants presented sufficient evidence to show that they were similarly situated with District 5 workers and were, therefore, entitled to be compensated

Frederick Business Properties Co. v. United States

55 F. Supp. 2d 524 · District Court, N.D. West Virginia · Jul 30, 1999

Daughtridge failed by radio to clearly communicate the situation to Newell. Next, Daughtridge physically left the building in order to communicate the fire alarm to Newell in person. … The FTCA constitutes a waiver of sovereign immunity of the United States with regard to “... injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the

Taylor v. State Workmen's Compensation Commissioner

152 W. Va. 609 · West Virginia Supreme Court · Feb 4, 1969

This language in counsel’s letter and in the claimant’s application for a reopening clearly indicates that the claimant and his counsel were of the opinion that the claimant had a period of three years from the date of “the … The legislature, if it had deemed it wise or expedient to do so, could have qualified the one-year statutory limitation on the commissioner’s jurisdiction or could have provided that the one-year period of limitation would

State Ex Rel. Strickland v. Daniels

173 W. Va. 576 · West Virginia Supreme Court · Jul 12, 1984

The legislature has established a summary eviction proceeding for landlords in W. Va. … The first three tests posit situations in which compulsory counterclaims should clearly be mandated. It is the established law in this jurisdiction that: Under the express terms of W.Va.

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).

Leary v. Hobet Mining, Inc.

981 F. Supp. 452 · District Court, S.D. West Virginia · Oct 23, 1997

Leary was qualified to do her job and probably qualified to perform some of the remaining jobs in the department. ■ McDaniel Depo. at 49-50. … Leary clearly satisfies the first two elements because she took FMLA leave and she was terminated; the dispute focuses on whether she satisfies the third element. Mrs.

State Ex Rel. Mountaineer Park, Inc. v. Polan

190 W. Va. 276 · West Virginia Supreme Court · Oct 28, 1993

The legislature in subsequent legislation could, of course, amend this statute to clearly state that video gambling devices are part of the lottery system. … Arm. § 12-21-2738 (1993) provides that the cash payouts authorized by Section 16-19-60 ... relating to coin-operated devices may only be continued in any county in South Carolina after June 30, 1995, if a majority of the qualified

Bower v. Westinghouse Electric Corp.

206 W. Va. 133 · West Virginia Supreme Court · Sep 20, 1999

It is simply a compensable item of damage when liability is established under traditional theories of recovery.” … Diagnostic testing must be “reasonably necessary” in the sense that it must be something that a qualified physician would prescribe based upon the demonstrated exposure to' a particular toxic agent.

West Virginia Investment Management Board v. Variable Annuity Life Insurance

234 W. Va. 469 · West Virginia Supreme Court · Nov 14, 2014

“The fiduciary duty of the Consolidated Public Retirement Board established by W.Va. … That finding is clearly tied to the circuit court’s acceptance of VALIC’s argument that the Board never requested a cash payout under the 1991 Contract.

Herring v. Lee

22 W. Va. 661 · West Virginia Supreme Court · Nov 24, 1883

Sommerville was appointed and qualified as deputy for E. G. … These definitions clearly show that there must be an officer or principal in existence and capable of acting for himself at the time the deputy or agent is acting for him.

United States v. Lambert

915 F. Supp. 797 · District Court, S.D. West Virginia · Jan 31, 1996

Earthmoving equipment qualifies as a point source. See Avoyelles, 715 F.2d at 923; Sinclair Oil, 767 F.Supp. at 205. Third, the Kanawha River is a water of the United States. … This material qualifies as refuse under RHA Section 13. Moreover, this refuse was placed both on the riverbank and directly in the River.

Riffle v. C.J. Hughes Construction Co.

226 W. Va. 581 · West Virginia Supreme Court · Nov 1, 2010

Here, the circuit court clearly relied on matters outside the pleadings in its order dismissing the Appellant’s claims against Contractors. … As a general matter, West Virginia’s workers’ compensation laws provide statutory immunity for employers from tort actions brought by their employees. Tolliver v.

Smith v. Clark, Jr.

District Court, N.D. West Virginia · Feb 27, 2023

“The employer, in turn, exchanges common law defenses for conditional statutory immunity.” Id. at 777. … While there are important differences between this case and a case in which “deliberate intent” is at play, the Supreme Court has clearly stated that to apportion fault to a nonparty, it

State Ex Rel. Atkins v. Burnside

212 W. Va. 74 · West Virginia Supreme Court · Jun 27, 2002

This Court reasoned: Many of the factors that have been suggested as supporting a reverse bifurcated trial procedure, such as clearly established liability that would make a second phase of the trial unlikely, demonstrated … In their Complaints, the plaintiffs have alleged, without any specific detail, “systemic poisoning” of the plaintiffs’ “immune, muscu-loskeletal, and neurological systems and all of their organs.”

Cyrus v. Walker

233 F.R.D. 467 · District Court, S.D. West Virginia · Jan 26, 2005

Not only must the party seeking certification meet the four requirements of Rule 23(a), but the party must also qualify under one of the subdivisions of Rule 23(b). 5 See Eisen v. … Indeed, the Court finds that Plaintiffs clearly can show numerosity as they have alleged 359 recipients have had their benefits terminated under the policy being complained about in this action.

State Ex Rel. Spiker v. West Virginia Racing Commission

135 W. Va. 512 · West Virginia Supreme Court · Mar 1, 1951

He is also a breeder of thoroughbred race horses and operates and maintains, upon a farm in Berkeley County, West Virginia, an establishment of that character. … We cannot assent to the proposition that the privileges and immunities of citizens of the United States, under the Fourteenth Amendment to the Constitution of the United States, or otherwise, shall be so far extended as to

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.

White v. White

64 W. Va. 30 · West Virginia Supreme Court · Mar 3, 1908

All of them are uniform to the effect that the evidence of a parol gift must be direct and unequivocal and sufficient to clearly prove the contract, the subject matter of the gift, the land, clearly identified, the possession … All the declarations of the ancestor, to which the witnesses in this cause have testified, are susceptible of a qualified meaning.

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.