Case law

Canal Insurance v. Dupont

47 F. Supp. 3d 460 · District Court, S.D. West Virginia · Sep 11, 2014

If coverage is not intended to apply, the policy should clearly indicate that insurance is not available. … Va.Code §§ 17D-4-12(b) and 3 3-6-31(a) couch their applicability on important qualifying language.

State Ex Rel. Lippert v. Sims

143 W. Va. 542 · West Virginia Supreme Court · May 27, 1958

At the risk of verbosity, these will be quoted in full: *546 Preamble: “In order to promote an efficient and economical administration and in order to provide equal opportunity for all qualified persons to compete for positions … This proceeding is clearly distinguishable from State ex rel. Board of Governors of West Virginia University v. Sims, 140 W. Va. 64 , 82 S. E. 2d. 321.

Young v. Doe 1

District Court, N.D. West Virginia · Sep 9, 2024

Moreover, given the procedural history and the posture of the case—the parties were engaged in discovery, and Defendant Spain was clearly defending the suit when Plaintiff filed this Motion—the Court cautions Plaintiff’ … The claims here are governed by section 55-7-13d, which, as noted above, preserves immunities and defenses.

Center for Individual Freedom, Inc. v. Tennant

849 F. Supp. 2d 659 · District Court, S.D. West Virginia · Jul 18, 2011

In the alternative, WVFL argued that it qualified as an “MCFL corporation” and was therefore impliedly excepted from the corporate ban. … If the communication is disseminated by broadcast, cable and satellite transmission, the statements must be both clearly spoken and clearly readable.

Black's Auto Repair & Towing, Inc. v. Monongalia County Magistrate Court

211 W. Va. 661 · West Virginia Supreme Court · Jul 2, 2002

Muncy was clearly not intransigent regarding his appearance in court; he was incapable of fully responding to the complaint because of his incarceration. … If a person under any disability does not have a duly qualified representative he may sue by his next friend.

Williams v. West Virginia Board of Examiners for Registered Professional Nurses

215 W. Va. 237 · West Virginia Supreme Court · Jun 24, 2004

practice, including, but not limited to standards established by a national professional nursing organization, nursing research, nursing education, or the board; failing to adhere to established standards in the practice … Estel fabricated any evidence for the purpose of improperly pursuing disciplinary action against Appellant; to the contrary, the record clearly establishes the misconduct at issue. . See supra note 15. .

State Ex Rel. West Virginia Citizens Action Group v. West Virginia Economic Development Grant Committee

213 W. Va. 255 · West Virginia Supreme Court · May 16, 2003

Based on a new definition of persons qualifying for housing assistance, we were asked in Waterhouse to determine whether the Legislature had failed to provide proper guidance for identifying which persons qualified for housing … Development Project Fund, “although not denominated a special fund, clearly is one.”

In re H.D.

West Virginia Supreme Court · Jun 2, 2023

As of the date of the report, A.T. was in a 60-day rehabilitation program, which she maintains she mistakenly believed qualified as long-term rehabilitation. … Indeed, we have stated that, in abuse and neglect matters, a circuit court’s findings of fact may “not be set aside . . . unless clearly erroneous” and that a finding is not “clearly erroneous” unless, “although there is

Nathan S. v. Tom Harlan, Interim Superintendent

West Virginia Supreme Court · Mar 23, 2020

Following trial, the State filed a recidivist information against petitioner alleging he was previously convicted of two qualifying felony offenses, both of which were driving under the influence, third offense. … Va. 3, 459 S.E.2d 114 (1995): In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State Ex Rel. Van Nguyen v. Berger

199 W. Va. 71 · West Virginia Supreme Court · Feb 11, 1997

If the Legislature intends to alter or supersede the common law, it must do so clearly and without equivocation. … Wise, 370 U.S. 405, 409 , 82 S.Ct. 1354, 1357 , 8 L.Ed.2d 590 (1962) (“No intent to exculpate a corporate officer who violates the law is to be imputed to Congress without clear compulsion; else the fines established ...

Barbara Chamberlain v. Wexford Health Sources

West Virginia Supreme Court · Nov 8, 2013

Petitioner and the other nurses did not feel qualified to mix the insulin as ordered by Respondent Tenney and they refused. … Moreover, [t]he term “substantial public policy” implies that the policy principle will be clearly recognized simply because it is substantial.

Stanton v. Ruthbell Coal Co.

127 W. Va. 685 · West Virginia Supreme Court · May 29, 1945

Ed. 303 , the same Court held that an action by an employee of the Director General for personal injuries, sustained in the operation of a railroad under Federal control, is against the United States, and the sovereign immunity … from suit is waived only to the extent clearly indicated by the Federal Control Act and the Orders of the Director General.

Mutafis v. Erie Insurance Exchange

561 F. Supp. 192 · District Court, N.D. West Virginia · Mar 25, 1983

Therefore, the Defendant’s conduct was measured by a standard sufficient to establish liability even if the communication was protected commercial speech under the First Amendment. … This argument ignores Section 6(c) which clearly states that: “[n]o order of the commissioner pursuant to this article or order of court to enforce it, or holding of a hearing, shall in any manner relieve or absolve any person

Ohio Fuel Oil Co. v. Greenleaf

84 W. Va. 67 · West Virginia Supreme Court · Apr 29, 1919

It is not very material who is correct about this transaction inasmuch as it clearly appears that each side clearly understood the other’s contention, the plaintiff’s contention being that it had a right to continue operations … , say the qualifying clause ‘as oil or gas is produced’ really means ‘as long as the premises are diligently and efficiently operated, provided minerals shall have been discovered within the fixed term?’

Casto v. Dupuy

204 W. Va. 619 · West Virginia Supreme Court · Mar 26, 1999

Thus, should the Castos be able to establish that M.A. & W. contracted with Mr. Dupuy to perform the inspection for the Castos’ sole benefit, privity of contract would exist in this ease. … Dupuy clearly present purported consequential continuing damages. In this case there is no showing of repetitious wrongful conduct. 12 .

Reginald S. Grimmett v. William D. and Kerry L. Smith

238 W. Va. 54 · West Virginia Supreme Court · Oct 12, 2016

While the parties refer to Terry Smith as an expert witness, the trial transcript does not reflect that he was qualified as an expert at trial. 5 swim in the pond. … Thereafter, the Smiths filed their motion for a new trial, arguing the jury’s verdict was against the weight of the evidence and clearly wrong.

Kevin Goodman, Jr. v. Shelby Searls, Superintendent, Huttonsville Correctional Center

West Virginia Supreme Court · Jun 8, 2022

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Goodman focuses on one still frame photo taken from one of the toll booth videos that he believes most clearly depicts that “as [Ms.

Steven W. Funt v. Donnie Ames, Superintendent, Mt. Olive Correctional Complex

West Virginia Supreme Court · Apr 20, 2022

In addressing that contention, the circuit court found that that line of questioning was to establish the circumstances of break-ins that led Mr. … “Furthermore, the proof which established [p]etitioner’s guilt was strong.

Sheetz, Inc. v. Bowles Rice McDavid Graff & Love, PLLC

209 W. Va. 318 · West Virginia Supreme Court · Apr 27, 2001

clearly are. … Vandevender clearly violated West Virginia law.

Kominar v. HEALTH MGMT. ASSOCIATES OF WV

648 S.E.2d 48 · West Virginia Supreme Court · Jun 28, 2007

But to some specific medical postmortem observation I think requires an expert that's trained and qualified in that particular field. And I didn't think the embalmer fit that. … According to the provisions of Rule 702, a witness may be qualified as an expert by "knowledge, skill, experience, training, or education." Id. (emphasis added). In Gentry v.