Case law

Butcher v. Kunst

65 W. Va. 384 · West Virginia Supreme Court · Mar 23, 1909

Butcher, she would be wholly incompetent, if a resident and otherwise qualified to administer the estate. … Next it is said that it is necessary for a creditor applying for administration to establish by affidavit or otherwise the nature, character and amount of his debt and that his debt is not fictitious.

MacE v. Mylan Pharmaceuticals, Inc.

227 W. Va. 666 · West Virginia Supreme Court · Jul 22, 2011

They contend that the language of the statute is plain and unambiguous and, thus, pursuant to well-established principles of statutory interpretation, this Court must apply its plain meaning. … After this Court invalidated that provision under the Privileges and Immunities Clause of the United States Constitution, see Syl. Pt. 2, Morris v. Crown Equip.

King v. Ferguson

198 W. Va. 307 · West Virginia Supreme Court · Nov 15, 1996

Rossi stated: “As far as what she [plaintiff] may or may not lose in the future, I don’t think I’m qualified to give you an opinion.” … The plaintiffs own expert retracted his opinion on this issue and indicated he was not qualified to address the matter.

State of West Virginia v. D.S.

West Virginia Supreme Court · Nov 17, 2017

Scott qualified as an expert in forensic interviewing. Petitioner objected, stating that he believed that she was an expert in the “Finding Words” protocol, but that the State had not qualified Ms. … Even if petitioner had established that Cpl.

Harrison Construction Co. v. Greystone Hotel Co.

99 W. Va. 5 · West Virginia Supreme Court · Apr 21, 1925

It clearly intended to provide a builder witb a simple, as well as quick method of securing a lien for work done and materials furnished. … The decisions of our court qualify the latter rule to this extent: the officer making the affidavit should have requisite knowledge and information of the facts verified. In this case, the law implies that Mr.

E.B. v. Alliance Coal, LLC (included, Justice Armstead, joined by Justice Bunn, dissenting)

West Virginia Supreme Court · Apr 25, 2025

Before this Court, 3 petitioner argues that he established good cause for remanding his case to the BOR so that he can obtain an evaluation from a qualified psychiatrist. … Zell was a qualified psychiatrist, we find that the ICA erred by not remanding petitioner’s case to the BOR so that he can submit a psychiatric evaluation obtained from a qualified psychiatrist. See W. Va.

Harman v. Appalachian Power Co.

77 W. Va. 48 · West Virginia Supreme Court · Oct 26, 1915

In this case, there were no excusing or justifying circumstances, calling for qualifying matter in the instructions. … The comment on this admission was clearly legitimate.

Green v. Charleston Area Medical Center, Inc.

215 W. Va. 628 · West Virginia Supreme Court · Jun 29, 2004

To establish the negligence of Charleston Area Medical Center, the appellant took the position that Dr. … Husted to testify as an expert witness because in the eodrt’s judgment, the appellant failed to qualify Dr. Husted as an expert capable of rendering the type of opinion sought.

Burnell v. City of Morgantown

210 W. Va. 506 · West Virginia Supreme Court · Nov 13, 2001

It is clearly the weight of authority, and it is expressly provided in our Constitution, that in the event of an inconsistency or conflict between a charter provision and a general law, the latter will prevail_Therefore, … A total of only three-employee associations will be permitted as the exclusive representative of City personnel for the purpose of establishing collective bargaining contracts.

Leffingwell v. Celebrezze

240 F. Supp. 745 · District Court, S.D. West Virginia · May 5, 1965

Clearly no medically determinable knee impairment has been shown by objective evidence. Concerning plaintiff's mental condition, Dr. Dennison stated that his anxiety reaction was perhaps his most serious impairment. Dr. … Hibbard, however, being a qualified psychiatrist, stated that plaintiff’s anxiety reaction did not cause any appreciable disability and concluded that this anxiety condition did not prevent him from being gainfully employed

Ohio Valley Environmental Coalition, Inc. v. Hobet Mining, LLC

723 F. Supp. 2d 886 · District Court, S.D. West Virginia · Jul 12, 2010

An interest does not qualify under Rule 19(a)(1)(B) unless claimed. … The statutory enforcement scheme clearly contemplates the existence of concurrent state and federal proceedings in cases where governmental enforcement is not adequate to bring a violator into compliance.

Committee on Legal Ethics of the West Virginia State Bar v. Printz

187 W. Va. 182 · West Virginia Supreme Court · Mar 23, 1992

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … This legal proposition translates as follows: Age-encrusted custom is not undeservedly cherished as having almost statutory force, and this is the kind of law which is said to be established by use and wont.

McCormick & Co. v. Brown

58 F.2d 994 · District Court, S.D. West Virginia · Oct 21, 1931

; and also because the complainants sought in the suit to redress the deprivation, under color of unlawful regulation by the commissioner of prohibition, of rights, privileges, and immunities secured to the complainants by … This is clearly the law where the state commissioner of prohibition is, as here, given the exercise of some discretion as to the granting or refusing to grant the permit.

Riffe Ex Rel. Riffe v. Magushi

859 F. Supp. 220 · District Court, S.D. West Virginia · Jul 8, 1994

Nagaishi argues the exclusion clauses found in Section 1, Article 3(1)<4> and Section 1, Article 4, qualify Section 1, Article 1(1) because they are inconsistent in their terminology. … CIG-NA contends the insurance policy clearly and unambiguously excludes coverage for liability arising from the use of a rented vehicle.

Jay Lawrence Smith v. Teresa Tarr, W. Va. Judicial Investigation Commission

West Virginia Supreme Court · Jan 12, 2015

Daily Gazette is clearly distinguishable from this case, and Smithers does not stand for such a proposition. … However, there are limits on access by the public and press to a criminal trial, since in this area a long-established constitutional right to a fair trial is accorded the defendant.”).

Williams v. Thacker Coal & Coke Co.

44 W. Va. 599 · West Virginia Supreme Court · Apr 3, 1898

And at a term of said court, on the 16th day of September, defendant entered its qualified appearance, and moved to quash the summons and return of service, which motion was overruled, and'the defendant then appeared, and … The court erred in sustaining the defendant’s demurrer to the plaintiff’s evidence in the case, and giving judgment thereon against the plaintiff, because the evidence clearly establishes that the deceased, Williams, was

Shipley v. Virginian Ry. Co.

87 W. Va. 139 · West Virginia Supreme Court · Oct 5, 1920

In each of these cases, there was a practical denial of a clearly established right to a substantial recovery. … The verdicts were clearly contrary to the law and the evidence.

STATE EX REL. STATE FARM MUT. v. Bedell

719 S.E.2d 722 · West Virginia Supreme Court · Jul 22, 2011

Blank had failed to establish good cause for the issuance of any and all protective orders; rather, our prior opinion clearly explains that Mrs. … Effect is to be given to that which is clearly implied as well as to that which is expressed.

State Ex Rel. Gainer v. W. VA. BD. OF INVEST.

459 S.E.2d 531 · West Virginia Supreme Court · May 31, 1995

The framers of the Constitution of 1902 added this qualifying phrase. … Clearly its effect is to modify the preceding unqualified prohibition. Now the prohibition is not absolute but definitely qualified.

United States v. Moreland

366 F. Supp. 2d 416 · District Court, S.D. West Virginia · Apr 27, 2005

Specifically, I found that the defendant qualified as a Career Offender under § 4B1.1. … This enhancement provides *421 for both an enhanced offense level and an enhanced criminal history for qualifying defendants.